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1
THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY
BY-LAW NUMBER 2018- 084
Being a By-Law to Regulate and Prescribe Standards for the Maintenance of
Private Property within the Town of East Gwillimbury
WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
provides that the powers of a municipality under any act shall be interpreted broadly so
as to confer broad authority on municipalities to enable them to govern their affairs as
they consider appropriate, and to enhance their ability to respond to municipal issues;
AND WHEREAS Section 9 of the Municipal Act provides that a municipality has
the capacity, rights, powers and privileges of a natural person for the purpose of
exercising its authority under the Act;
AND WHEREAS Section 11(2)6 of the Municipal Act provides that a municipality
may pass by-laws in the interest of the health, safety and well-being of its persons;
AND WHEREAS Section 11(3)5 of the Municipal Act provides that a
municipality may pass by-laws in the interest of culture, parks, recreation and
heritage;
AND WHEREAS Section 127 of the Municipal Act provides that a municipality
may require the owners or occupants 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 128 of the Municipal Act 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 WHEREAS Section 129 of the Municipal Act provides that a municipality
may prohibit and regulate with respect to noise, vibration, odour, dust and outdoor
illumination;
AND WHEREAS Section 131 of the Municipal Act provides that a municipality
may prohibit and regulate the use of any land for the storage of used motor vehicles for
the purpose of wrecking or dismantling them or salvaging parts from them for sale or
other disposition;
AND WHEREAS Section 398 of the Municipal Act states that fees and charges
imposed by a municipality on a person constitute a debt of the person to the municipality;
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AND WHEREAS Section 425 of the Municipal Act authorizes the municipality to
pass by-laws providing that a person who contravenes a by-law of the municipality
passed under this Act is guilty of an offence;
AND WHEREAS Section 429 of the Municipal Act provides that a municipality
may establish a system of fines for offences under a by-law passed under the Act;
AND WHEREAS Section 446 of the Municipal Act, authorizes a municipality to
require a person to do a matter or thing and in default of it being done by the person
directed or required to do it, the matter or thing shall be done at the owners expense
and add the cost to the tax roll and collecting them in the same manner as property
taxes;
AND WHEREAS it is the opinion of the Council of the Corporation of the Town
of East Gwillimbury that vacant buildings not secured against unauthorized entry may
create a public nuisance by attracting vandals and creating fire and safety hazards, and
it is the desire of the Council of the Corporation of the Town of East Gwillimbury to
regulate vacant buildings;
AND WHEREAS under Sections 35.3 and 45.1 of the Ontario Heritage Act,
R.S.O. 1990, c. O.18 as amended, a By-law may be passed by the Council of the
municipality prescribing the minimum standards for the maintenance of the heritage
attributes of individually designated heritage properties or properties situated in a
heritage conservation district provided that a By-law passed under Section 15.1 of the
Building Code Act, 1992, S.O. 1992, c. 23 is in effect in the municipality;
AND WHEREAS the Town of East Gwillimbury has passed a by-law under
Section 15.1 of the Building Code Act prescribing standards for the maintenance and
occupancy of property within the municipality;
AND WHEREAS the Corporation of the Town of East Gwillimbury deems it
necessary to prevent public nuisances and the accumulation of waste material within
East Gwillimbury;
NOW THEREFORE the Council of the Corporation of the Town of East Gwillimbury
enacts as follows:
I
DEFINITIONS
1.1
In this By-law:
(a)
"Boulevard" means the lands within public road allowance between the
lot line of a property and the edge of said road.
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(b)
"Commercial Properties" means all properties that are used for any
form of commercial enterprise excluding a home business.
(c)
"Compost" means accumulated biodegradable waste.
(d)
"Corporation" means the Corporation of Town of East Gwillimbury.
(e)
"Council" means the Council of the Corporation of the Town of East
Gwillimbury.
(f)
"Domestic Waste" means any article, thing, matter or effluent usually but
not exclusively associated with a house or household or concerning or
relating to the home or family that appears to be waste materials, and
without limiting the generality of the foregoing includes:
(i)
accumulations, deposits, leavings, litter, remains, rubbish, trash;
(ii)
all kitchen and table waste of animal or vegetable origin, resulting
from the preparation or consumption of food;
(iii)
yard clippings, tree and garden cuttings, brush or leaves;
(iv)
refrigerators, freezers or other appliances, any attached hinges or
latching, locking or other closing mechanism or device;
(v)
furnace, furnace parts, pipes, fitting to pipes, water or fuel tanks;
(vi)
inoperable vehicles and vehicle parts including but not limited to
tires, mechanical equipment, mechanical parts, accessories or
adjuncts to the vehicles and mechanical equipment;
(vii)
paper, cartons, fabrics or carpets;
(viii)
furniture;
(ix)
cans, glass, or plastic containers, or dishes; and,
(x)
sewage.
(g)
"Ground Cover" means organic or non-organic material that covers the
ground, and includes concrete, flagstone, gravel, asphalt, grass or other
form of landscaping.
(h)
"Heritage Approval" means an approval issued by the Corporation
related to alteration work on heritage property in accordance with the
Ontario Heritage Act.
(i)
"Heritage Attribute" means, an attribute of the property that contributes
to its cultural heritage value or interest and that is defined, described or
that can be reasonably inferred:
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(i)
in a By-law designating a property passed under Section 29 of the
Ontario Heritage Act;
(ii)
in a Minister's order made pursuant to Section 34.5 of the Ontario
Heritage Act;
(iii)
in a By-law designating a heritage conservation district passed
under Section 41 of the Ontario Heritage Act; or,
(iv)
in the supporting documentation required for a By-law
designating a heritage conservation district, including but not
limited to a heritage conservation district plan, assessment or
inventory, and identified as a heritage attribute, value, reason for
designation or otherwise.
Heritage attribute also includes the elements, features or building
components including roofs, walls, floors, retaining walls, foundations
and independent interior structures and structural systems that hold up,
support or protect the heritage attribute and without which the
heritage attribute may be at risk.
(j)
"Heritage Property" means property, including all buildings, structures
and features thereon:
(i)
that has been designated by the Corporation under Section
29 of the Ontario Heritage Act, or that has been designated by
the Minister under Section 34.5 of the Ontario Heritage Act; or
(ii)
b) that is located within a heritage conservation district which
has been designated by the Corporation under Section 41 of
the Ontario Heritage Act.
(k)
"Highway" means the entire public road allowance and includes the
roadway, lanes and boulevard.
(l)
"Home Business" means an occupation that:
(i)
Involves providing personal or professional services or producing
custom or artisanal products;
(ii)
Is carried on as a small-scale accessory use within a dwelling unit
or, where permitted, a structure accessory to the dwelling unit; and,
(iii)
Meets all provisions applicable to home businesses within the
Corporation's Zoning By-law.
(m)
"Industrial Waste" means any article, thing, matter or any effluent usually
but not excessively belonging to or usually but not exclusively associated
with industry or commerce or concerning or relating to manufacture or
5
concerning or relating to any trade business, calling or occupation that
appears to be waste material; and without limiting the generality of the
foregoing includes:
(i)
articles, things, matter or effluents, which in whole or in part or
fragments thereof, are derived from or are constituted from or
consist of:
(a)
agriculture, animal, vegetable, paper, lumber or wood
products;
(b)
mineral, metal, or chemical products;
(c)
whether or not the products are manufactured or otherwise
processed;
(d)
automotive parts, inoperable vehicles, vehicle parts,
mechanical equipment, mechanical parts, accessories, or
adjuncts to the vehicles and mechanical equipment;
(e)
piping, tubing, conduits, cable and fittings or other
accessories or adjuncts to the piping, tubing, conduits or
cable;
(f)
metal;
(g)
containers or pallets of any size, type or composition;
(h)
material resulting from, or as part of, construction or
demolition projects;
(i)
rubble, inert fill;
(j)
bones, feathers, hides; or,
(k)
sewage.
(n)
"Inoperable Vehicle" means a vehicle that is not in good repair and
incapable of being operated on a highway. It includes a vehicle that does
not display a valid vehicle permit license plate issued under the Highway
Traffic Act, R.S.O. 1990, c. H.8, as amended.
(o)
"Land" means grounds, yards and vacant and developed lots.
(p)
"Larvicide" means any chemical, mechanical or bacterial agent that is
used to impair or destroy mosquito larvae.
(q)
"Lot" means a parcel of land, described in a deed or other document
legally capable of conveying land, or shown as a block on registered plan
of subdivision.
(r)
"Multiple Offence" means an offence in respect of two or more acts or
omissions each of which separately constitutes an offence and is a
contravention of the same provision of this By-law.
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(s)
"Officer" means an employee of the Corporation who has been
appointed by By-law to enforce the provisions of Corporation's By-laws.
(t)
"Natural Garden" means a defined area of vegetation that has been
deliberately planted or cultivated with species of wildflowers, shrubs,
perennials, ornamental grasses or combinations of them, consistent with
a managed and natural landscape, and includes green roofs.
(u)
"Ontario Heritage Act" means the Ontario Heritage Act and regulations,
as amended, and any successor legislation.
(v)
"Owner" means the registered owner, owner in trust, a mortgagee in
possession, a person who is managing or receiving the rent of the
property, a lessee, tenant/occupant or a person who is control of the
property and includes a person, firm, partnership, corporation,
company, association, or organization of any kind and its principal(s).
(w)
"Order" means an Order issued by an Officer, or an assistant to the
Officer, to a person under this By-law requiring such person to perform
work to correct a contravention of this By-law.
(x)
"Person" means an individual, association, firm, partnership, corporation,
trust, incorporated company, corporation created under the Condominium
Act, 1998, S.O. 1998, c.19, organization, trustee or agent, and their heirs,
executors or other legal representatives of a person to whom the context
can apply according to law.
(y)
"Planning Manager" means the General Manager of Development
Services or their designate.
(z)
"Property" means a building or structure, or part of a building or structure,
and includes the lands and premises appurtenant thereto and all mobile
homes, mobile buildings, mobile structures, outbuildings, fences and
erections thereon whether heretofore or hereafter erected, and includes
vacant land.
(aa)
"Record" means the Official Street Number Record of the Corporation.
(bb)
"Recreational Vehicle" means:
(i)
a motor vehicle that is primarily designed to provide temporary
living quarters for recreational camping, travel or seasonal use,
whether it has its own motor power or is mounted on or towed by
another vehicle, and includes motorized homes, travel trailers, fifth
wheel travel trailers, tent trailers and campers whether or not the
camper is or is not attached to a truck or other vehicle and does
not include a mobile home or a manufactured home; and/or,
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(ii)
personal waterfract, snowmobiles, all-terrain vehicles and other
similar vehicles used for recreational purposes.
(cc)
"Reflective Plate" means a plate or sign on which is affixed a street
number and which has reflective properties.
(dd)
"Refuse" means any object or material that has been discarded by any
person or that is no longer in use or reasonably intended to be used by
any person having ownership or control over such object or material.
(ee)
"Sewage" means grey water, any liquid waste containing human,
vegetable, or mineral matter, waste that is in suspension whether
domestic or industrial or any other waste whether in suspension or
precipitated, but does not include roof water or storm run-off.
(ff)
"Standing Water" means any water found on property, including
stagnant water, other than a natural moving body of water that exists on
a permanent basis.
(gg)
"Street Number" means the street number for a property, as entered
in the Record, and could be identified on a reflective plate.
(hh)
"Town" means the land area of the municipality known as the Town of
East Gwillimbury.
(ii)
"Vacant Heritage Property" means any heritage property which either
is or appears to an Officer to be vacant, partially vacant, or unoccupied
for more than ninety (90) days.
(jj)
"Vacant Listed Heritage Property" means property listed on the
Town of East Gwillimbury Register of Cultural Heritage Properties that is
not a heritage property, which either is or appears to an Officer to be
abandoned, vacant, partially vacant, or unoccupied for more than ninety
(90) days.
(kk)
"Vehicle" means a motor vehicle as defined by the Highway Traffic Act.
(ll)
"Waste Material" means any garbage, refuse, debris, litter, industrial
waste or domestic waste.
II
GENERAL PROVISIONS
2.1
Every owner of property not zoned Rural in the Corporation's Zoning By-law
shall cut the grass and weeds, and remove the cuttings, on the property and any
abutting boulevard whenever the growth of the grass or weeds exceeds twenty
centimeters in height.
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2.2
Every owner of property zoned Rural in the Corporation's Zoning By-law shall
cut the grass and weeds, and remove the cuttings, within that area of the
property which is setback 6 metres from all lot lines that abut property that is
zoned to permit residential uses whenever the growth of the grass or weeds
exceeds twenty centimeters in height.
2.3
Notwithstanding Subsections 2.1 and 2.2 of this By-law, the height of grass and
weeds need not be maintained in:
(a)
areas that are designated as Open Space or Environmental Protection
Area under the Corporation's Zoning By-law; or,
(b)
Corporation owned parks, storm water management ponds and open
spaces.
2.4
Notwithstanding Subsections 2.1 and 2.2 of this By-law, the height of grass need
not be maintained in:
(a)
heritage attributes, where said grass is considered the heritage
attribute, provided that the unkempt grass does not lead to the
degradation of the heritage attribute(s) of the heritage property; or,
b)
natural gardens.
2.5
No owner shall permit the ground cover on their property to contain any
invasive plant species as identified in the Invasive Species Act, 2015, S.O. 2015,
c. 22 - Bill 37.
2.6
Every owner shall ensure the ground cover on their property is well maintained
and not permitted to become unkempt.
2.7
Every owner shall maintain all hedges, ivy, bushes and shrubs on their property
from becoming overgrown and unkempt and not allow to overhang onto
Corporation property.
2.8
Every owner shall remove any domesticated animal excrement on their
property.
2.9
Every owner shall maintain their property clear of all waste material.
2.10 Every owner shall store waste material in rigid covered containers (except for
recyclable materials) when stored outdoors and waste material shall not be
stored in the front yard of a residential property where the property has a
garage, side yard or designated storage facility.
2.11 Every owner shall maintain their property clear of all inoperable vehicles,
unless permitted in the Corporation's Zoning By-law.
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2.12 No owner shall park, store, keep or place a recreational vehicle, utility trailer,
trailer, boat, mobile home or similar, in contravention of the Corporation's
Zoning By-laws.
2.13 No person shall park, store or drive a vehicle on any lot, except on a paved or
appropriately finished surface.
2.14 Every owner shall remove all graffiti, stains or other defacement on their
property to restore the surface and adjacent areas to, as near as possible, their
appearance before the markings, graffiti, stains or other defacement occurred.
2.15 No person shall erect, install, or use, or permit to be erected, installed or used,
an outdoor light fixture which is not shielded, so as to prevent the light from
travelling upwards or trespass beyond the property from which it is emitting.
III
UNSAFE OR HAZARDOUS CONDITIONS
3.1
Every owner shall keep their property clear of objects or conditions that create
or might create a health, fire or accident hazard.
3.2
No owner shall cause or permit an unfenced or unprotected pit, excavation or
other downward slope which causes a safety hazard on their property.
3.3
No owner shall permit any well which is unprotected or the presence of which
creates a risk of accident or injury.
3.4
Every owner shall remove all standing water from high risk areas, which
includes but is not limited to: birdbaths, boat covers, eavestroughs and rain
gutters, excavations capable of holding standing water, empty buckets,
wheelbarrows and pots, vehicle tires, abandoned wells, pool, pool covers, plastic
containers and bottles, uncovered rain barrels, uncut grass and weeds and
untrimmed shrubs, bushes and hedges.
3.5
No owner shall fail to comply with an Order issued by the Officer to remedy any
standing water. Not limiting the foregoing, such Order may include a direction
to fill or drain off the water or the treatment of the same with larvicide.
3.6
Every owner shall keep any swimming pool, hot tub, wading pool or artificial
pond well maintained and in good repair.
3.7
Every owner shall remove snow and ice from exterior walkways, steps, landings
and ramps, and from exterior driveways and parking areas that pose a health or
safety hazard to persons on their property.
3.8
Every owner shall remove snow and ice from the roofs of building(s) or
structure(s) on their property that pose a health or safety hazard to persons on
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the property in the normal use of adjacent walkways, driveways, parking areas
and entrances to the building(s).
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IV
DUMPING AND WASTE DISPOSAL
4.1
No person shall dump, throw, place, deposit, bury, dispose, or permit to be
dumped, thrown, placed, deposited, buried, or disposed, waste material on any
land unless specifically permitted by any other By-law.
4.2
No person shall aid or assist any person to dump, throw, place, deposit, bury
or dispose of any waste material on any property or permit the use of his or
her property to be utilized for such a purpose.
4.3
No person shall dump, throw, place, deposit, bury, dispose or permit to be
dumped, thrown, placed, deposited, buried, or disposed, waste material on a
highway within the Town except when placed out in accordance with the
Corporation By-laws respecting garbage collection.
4.4
Any person who has violated Subsections 4.1, 4.2 or 4.3 of this By-law
shall immediately remove or cause to be removed all waste material, and
remediate the property, to the satisfaction of the Officer.
V
COMPOST
5.1
No person shall establish a compost heap or structure unless it is for the sole
use of the owner of the property in which the compost is deposited.
5.2
No person shall locate a compost heap or structure on a property unless the
following provisions are met:
(a)
The compost heap or structure is located in a rear or side yard;
(b)
The use of the compost heap or structure is limited to the disposal of
acceptable compostable material in accordance with standards
established by the Ontario Ministry of the Environment and local health
authorities;
(c)
The compost heap or structure is no larger than 1.0 square metres in size
and no taller than 1.0 metre in height;
(d)
The compost heap or structure is no closer than 1.0 metre to any
property line; and,
(e)
Subsection 5.2(b) of this By-law shall not apply to a compost heap or
structure for agricultural uses.
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VI
FIREWOOD
6.1
No person shall keep firewood on a property unless it is used for wood burning
on the property.
6.2
No person shall keep, store or place firewood unless the following provisions are
met:
(a)
The firewood is located in a rear or interior side yard;
(b)
The firewood is used for wood burning on the property;
(c)
The area of property occupied by the firewood is not more than the (15%)
of the total area of the yard area where it is situated;
(d)
The firewood is neatly piled and located a minimum of 1.2 meters (3.93
ft.) away from lot lines; and,
(e)
The firewood pile is not to exceed a total height of 2.43 meters (8 ft.) in a
rear yard or 1.82 meters (6 ft.) in an interior side yard.
VII
HERITAGE PROPERTY
7.1
In addition to the minimum standards for the maintenance and security of
property in the Town as set out in this By-law, the minimum standards listed in
Subsections 9.1, 9.2, 9.3, and 9.4 of this By-law shall apply to the maintenance
and security of all buildings and structures on heritage properties.
7.2
Despite any other provisions of this By-law, in the case of buildings and
structures located on heritage properties, no owner shall alter the heritage
property or permit the alteration of the heritage property if the alteration is likely
to affect the property's heritage attributes, unless the owner has obtained a
building permit with Heritage Approval or other form of written consent from
the Planning Manager in accordance with the Ontario Heritage Act.
7.3
The owner of a vacant heritage property shall protect such property including
any buildings, structures o r h e r i t a g e a t t r i b u t e s located thereon,
against the risk of fire, storm, neglect, intentional damage or damage by other
causes by effectively preventing the entrance of the elements, unauthorized
persons or the infestation of injurious insects or rodents by boarding up and
securing any openings to the buildings or structures of the vacant heritage
property. Securing shall comply with the requirements of Subsections 9.1, 9.2,
9.3 and 9.4 of this By-law.
7.4
Where the minimum standards imposed by Subsections 9.1, 9.2, 9.3
and 9.4 of this By-law have, more than once, failed to exclude unauthorized
entry and/or where the owner's lack of control, attendance or security
13
measures to protect the vacant heritage property warrant, in the opinion of the
Planning Manager, use of a more secure option, then the owner shall supply
such measures, or as may be required by the Officer or Planning Manager.
VIII
VACANT LISTED HERITAGE PROPERTY
8.1
In addition to the minimum standards for property maintenance, the owner of a
vacant listed heritage property shall protect the property against the risk of
fire, storm, neglect, intentional damage or damage by other causes by effectively
preventing the entrance of the elements, unauthorized persons or the
infestation of injurious insects or rodents by boarding up and securing any
openings to the vacant listed heritage property. For the purpose of securing a
vacant listed heritage property, provisions of Subsections 9.1, 9.2, 9.3
and 9.5 of this By-law must be complied with.
IX
SECURITY MEASURES
9.1
Securing shall include the following requirements:
(a)
all boarding must be ½ inch S.P.F. (Spruce-Pine-Fir) exterior grade
plywood (not particle board, fiberboard or other forms of board sheathing);
(b)
boarding must be cut to completely and securely fit within all exterior
structural openings;
(c)
all boarding shall be maintained in good repair;
(d)
all boarding shall be installed from the exterior in a manner that minimizes
damage to any heritage attributes and building fabric, and is reversible;
(e)
all boarding shall be fastened using wood screws only. Screws must
be at least #8 gauge, countersunk and not less than 3 inches in length.
Each screw shall be spaced not more than 12 inches on centre around
the entire perimeter of each plywood board;
(f)
all boarding shall be fitted securely and in a watertight manner to fit within
the side jambs, the head jamb and the exterior bottom sill of the door or
window opening so the exterior trim and cladding remains uncovered and
undamaged by the boarding, so as not to be easily detached by hand;
(g)
all boarding used on windows and door openings shall be painted using
exterior grade paint in a colour to be selected in consultation with
Corporation staff;
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(h)
all other boarding shall be painted using exterior grade paint in a colour
that blends with the exterior of the building or structure;
(i)
where a structural opening is irregular in shape or unusually large,
alternate security measures shall be required to adequately secure these
openings, such as steel mesh screening, grills, security bars or cross-
bracing over plywood, to the satisfaction of the Officer and the Planning
Manager;
(j)
if the aforementioned measures prove insufficient to secure openings,
additional augmentation measures shall be required, and may consist of
the installation of steel mesh enclosures or steel panels over all boarded
ground floor openings or such other more secure option as may be
required by the Officer and the Planning Manager; and,
(k)
no window, door or other opening shall be secured by brick, concrete
blocking or masonry units held in place by mortar, unless approved by the
Officer and Planning Manager.
9.2
The owner of a vacant heritage property or vacant listed heritage property
shall ensure that:
(a)
all utilities serving the building are properly disconnected, terminated,
drained or capped to prevent accidental or malicious damage, with the
exception of those utilities necessary for the safety, maintenance and
security of the property;
(b)
appropriate utilities serving the building remain connected and used to
provide, maintain and monitor proper heating and ventilation to prevent
damage caused to the building by humidity, fluctuating temperatures,
including the negative effects associated with freeze-thaw cycles, and
other environmental conditions;
(c)
interior doors, except those in fire separations, are fixed ajar at least 4
inches to allow air to circulate throughout in order to help prevent interior
deterioration through excess humidity; and,
(d)
the exterior of the building, including eavestrough and downspouts, are
maintained in order to prevent moisture penetration and damage from the
elements that may have an adverse impact on any heritage attributes.
9.3
The owner of a vacant heritage property or vacant listed heritage property
shall ensure that the following additional security measures are taken with
respect to the building or structure:
(a)
lock all doors and windows and ensure the good and secure condition of
said locks;
15
(b)
install and maintain an exterior lighting fixture on a timer in an area
adjacent to the front entrance, in a manner that does not damage any
heritage attributes, to enhance the safety and security of the building;
(c)
close all basement hatches, openings, walkways and windows;
(d)
remove ladders, tool, and other materials that might be used to gain
interior access;
(e)
remove waste material, furniture, appliances, machinery and debris
from inside buildings and structures, and from around the property;
(f)
all floors above the first floor must be rendered inaccessible to entry
by raising exterior fire escapes and ladders to a height of at least four
meters, and by removing cladding or any other materials that may be used
to access the property to the satisfaction of the Planning Manager;
(g)
significant trees, plantings, grass, lawns, flower beds, hedgerows, ivy,
bushes, vines and other vegetation on the grounds of properties shall be
maintained and protected at all times in accordance with all relevant
Corporation By-laws;
(h)
chain-off driveways and all other direct means of vehicular access to the
property, while still permitting authorized vehicular and emergency
vehicular access when necessary; chains should be no greater than
10mm (3/8 inch) in diameter and of a grade 30 or comparable;
(i)
temporary metal security fencing may be required around the perimeter
of a property. Notwithstanding the Corporation's Fence By-law, as
amended or superceded from time to time, a fence shall be erected
2.13metres (7 feet) in height above grade, equipped with a horizontal top
rail. The temporary fence shall be erected and securely anchored and
maintained at all times with all gates locked with appropriate high security
pad locks. Barbed wire (minimum of two strands) shall be installed along
the perimeter of each fence, projecting inward toward the area that is
enclosed by the fence;
(j)
advise the Corporation's Emergency and Community Safety Services
Department, the Corporation's Development Services Department, and
York Regional Police that the building is vacant and boarded; and,
(k)
inspect the property and all buildings and structures on a monthly basis.
9.4
The owner of a vacant heritage property shall:
(a)
post "No Trespassing" signs on all lot lines, gates and property fencing
or locations determined by the Officer or Planning Manager; and.
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(b)
post a heritage notice that complies with the signage standards of the
Corporation's Planning Branch and states the following:
HERITAGE NOTICE:
This property is a designated cultural heritage resource
protected under the Ontario Heritage Act and applicable
Municipal laws.
Please help protect and conserve East Gwillimbury's
heritage for future generations by reporting any
suspected vandalism or trespass. Violators will be
prosecuted.
For more information contact the Town of East
Gwillimbury Planning Staff at 905-478-4283.
9.5
The owner of a vacant listed heritage property shall:
(a)
post "No Trespassing" signs on all lot lines, gates and property fencing
or locations determined by the Officer or Planning Manager; and,
(b)
post a heritage notice that complies with the signage standards of the
Corporation's Planning Branch and states the following:
HERITAGE NOTICE:
This property is a cultural heritage resource protected
under applicable Municipal laws.
Please help protect and conserve East Gwillimbury's
heritage for future generations by reporting any
suspected vandalism or trespass. Violators will be
prosecuted.
For more information contact the Town of East
Gwillimbury Planning Staff at 905-478-4283.
X
STREET NUMBER SIGN
10.1 Every owner shall affix or cause to be affixed the street number for such
property to a wall of a building, or other location, which abuts a highway
so as to ensure clear visibility of the number at all times from the highway. Such
number shall be a minimum of ten (10) centimetres in height. For properties that
abut multiple highways, the street number shall be affixed to a wall of a building,
other location, only on the side of the property for which the address has been
assigned.
10.2 No street number for a property shall be posted other than the number
appearing on the Record for such property.
17
10.3 Street numbers for all properties shall be a contrasting colour to the surface or
building façade on which they are affixed.
10.4 Notwithstanding Subsection 10.1 of this By-law, the street number address for
commercial properties shall be:
(a)
a minimum of thirty (30) centimetres in height;
(b)
prominently displayed and illuminated on the front facade of a commercial
building or on the ground sign of a commercial plaza where such a sign
exists; and,
(c)
displayed and illuminated in a prominent location on the rear wall of any
commercial building that possesses a rear on-site driveway access route
on the property.
10.5 Where multiple units existing within a building on a commercial property, the
unit numbers for each unit shall be prominently displayed on or near the front
door to the unit in a contrasting colour to the surface on which it is affixed, and
said numbers shall be a minimum of ten (10) centimetres in height.
10.6 Every owner with more than one building being used as a residential dwelling on
a property shall affix the street number for such property followed by the:
(a)
letter "A" on the main entrance to the first dwelling; and,
(b)
letter "B" on the main entrance to the second dwelling.
10.7 Every owner of a residential dwelling with an accessory apartment shall affix the
street number for such property followed by:
(a)
"Unit 1" on the entrance to the main residential dwelling; and
(b)
"Unit 2" to the entrance to the accessory apartment.
10.8 Every owner of a property shall install a reflective plate if required by the Fire
Department. Every reflective plate shall be erected in accordance with the
following:
(a)
a post shall be installed for the sole purpose of supporting the
reflective plate;
(b)
the distance between the post supporting the reflective plate and the
edge of the principal access driveway shall not exceed 3.0 metres;
(c)
there shall be a perpendicular alignment to the highway on which the
address has been assigned so that the reflective plate is clearly visible
at all times from the highway;
18
(d)
the distance between the post supporting the reflective plate and the
highway shall not exceed 5.0 metres;
(e)
the reflective plate shall be posted on the same side of the highway as
the property to which the address has been assigned; and,
(f)
the reflective plate shall be erected on the post so there is at least
1.4 metres and no more than 1.6 metres between the average grade of
the property directly in front of the plate and the top of the reflective
plate.
10.9 Once installed, every reflective plate, street number, and any supporting
structure including a post, shall be maintained by the owner in good order, and
repaired immediately in the event of any damage.
10.10 If required by the Fire Department, the owner of a residential development
located on a private/condominium road(s), or specific properties contained
within said development, shall:
(a)
firmly affix, and maintain, the unit number and/or street number for the
property on a wall of a building, or other location, which fronts onto the
private/condominium road. Such number shall be a minimum of ten (10)
centimetres in height and clearly visible from the private/condominium
road; and,
(b)
where the private/condominium road(s) connect to highways, place and
maintain a permanent sign(s) constructed of durable material, displaying
a map that depicts the layout the entirety of the development that is
located on and connected through private/condominium road(s),
including the location of the streets, buildings and the unit numbers and/or
street numbers of each building. All text and numbers on such signs shall
be of a sufficient size as to be legible from the highway where the
private/condominium road gains access.
10.11 No street number shall be affixed to Corporation property or a public utility,
including street lamps, telephone poles or hydro poles.
10.12 During the construction of a building, in addition to identifying a property using
the street number, an owner may also identify his property by affixing the
correct Lot and Plan number of the property to such building, provided that the
number is clearly identified as a Lot number as distinct from the street number.
XI
RIGHT OF ENTRY
11.1 Officers and person(s) under their direction may at any reasonable time enter
onto any property, pursuant to the Municipal Act, to determine if the provisions
19
of this By-law are being complied with or may enter onto any property to carry
out any remedial actions required to bring the property into conformity with the
By-law.
11.2 Officers are authorized for the purposes of inspection to determine compliance
with the By-law to:
(a)
require the production for inspection of documents or things relevant to
the inspection;
(b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c)
require information from any person concerning a matter related to the
inspection including their name, address, phone number and
identification;
(d)
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection; and,
(e)
order the owner of the property to take and supply at the owner's
expense such tests and samples as are specified.
XII
ENFORCEMENT
12.1 Officers are hereby authorized to enforce the provisions of this By-law.
XIII
NOTICE OF REMEDY
13.1 An Officer may enter upon any property at any reasonable time with proper
identification to determine if the owner is complying with the provisions of this
By-law and may take photographs of the property's condition.
13.2 Where a property is not maintained in accordance with the requirements of this
By-law:
(a)
the Corporation may serve the owner an Order in writing directing the
owner of the property to bring the property into compliance with the
requirements of this By-law; and,
(b)
the owner shall repair, remove or clean up all contraventions identified on
the Order within the time specified in the Order, in such a manner that
no heritage property shall be altered or cleared (including but not
limited to removed, demolished or relocated), except in accordance with
the Ontario Heritage Act.
20
13.3 The Order from the Corporation may be:
(a)
served personally upon the owner;
(b)
mailed by regular mail to the last known address of the owner
according to the current assessment rolls; or
(c)
posted on site.
13.4 If served by regular mail, an Order under Subsection 13.3(b) of this By-
law shall be deemed to have been served on the fifth day after mailing.
XIV
REMEDIATION
14.1 Where the person is in default of doing any matter or thing directed or required
to be done under this By-law, an Officer may direct the completion and
enforcement of such at the person's expense.
14.2 An Officer or the Corporation's employees or agents authorized for this
purpose may, upon producing appropriate identification when requested, enter
onto property at a reasonable time and carry out any or all of the work described
in the Order.
14.3 Where any matters or things are removed in accordance with Subsection 14.1 of
this By-law, such matters or things may be immediately disposed of by the
Officer.
14.4 The Corporation may recover the remedial action and enforcement costs
incurred under Subsection 14.1 of this By-law by legal action and/or by adding
them to the tax roll and collecting them in the same manner as property taxes in
accordance with Section 446 of the Municipal Act.
XV
SERVICE FEES
15.1 The municipal service fees for the administration of this By-law shall be in
accordance with the Corporation's U s e r Fees and Charges By-law and any
revisions thereto.
15.2 Municipal service fees for the administration of this By-law may be applied when
a contravention has been confirmed by an Officer.
21
XVI
OFFENCES
16.1 Any person who contravenes any provision of this By-law or an Order issued
pursuant to this By-law is guilty of an offence.
16.2 No person shall fail to comply with any conditions or term of any Order issued
under this By-law.
16.3 If there is a contravention of any provision of this By-law, and the contravention
has not been corrected, the contravention of the provision shall be deemed to be
a continuing offence for each day or part of a day that the contravention remains
uncorrected.
16.4 If an Order has been issued under this By-law, and the Order has not been
complied with, the contravention of the Order shall be deemed to be a continuing
offence for each day or part of a day that the Order is not complied with.
XVII
COLLECTION OF UNPAID FINES AND FEES
17.1 Pursuant to Section 441.1 of the Municipal Act, the Corporation Treasurer or his
or her agent may add any part of a fine for a commission of a provincial offence
that is in default under Section 69 of the Provincial Offences Act, R.S.O. 1990, c.
P33 to the tax roll for any property in the Town of which all of the owners are
responsible for paying the fine.
17.2 Pursuant to Section 398 of the Municipal Act, the Corporation Treasurer or his
or her agent may add any part of a municipal service fee subject to Subsection
15.1 or 15.2, to the tax roll for the for any property in the Town of which all of
the owners are responsible for paying the fee.
XVIII PENALTIES
18.1 Every person who contravenes any provision of this By-law is guilty of an offence
and on conviction is liable to a fine as provided for in the Provincial Offences Act,
R.S.O. 1990, c.P.33.
18.2 If an Order has been issued under this By-law, and the Order had not been
complied with, the contravention of the Order shall be deemed to be a continuing
offence for each day or part of a day that the Order is not complied with.
18.3
Every person who is guilty of an offence under this By-law shall be subject to the
following penalties:
(a)
upon a first conviction, shall be liable to a fine of not less than $250.00
and not more than $50,000.00;
22
(b)
upon a second or subsequent conviction for the same offence, to a fine of
not less than $500.00 and not more than $100,000.00;
(c)
upon conviction for a continuing offence, to a fine of not less than $500.00
and no more than $1,000.00 for each day or part of a day that the offence
continues, the total of which may exceed $100,000.00; and,
(d)
upon conviction of a Multiple Offence, for each offence included in the
Multiple Offence, to a fine of not less than $500.00 and not more than
$10,000.00, the total of which is not limited to $100,000.00.
18.4 For the purpose of this By-law, an offence is a second or subsequent offence if
the act giving rise to the offence occurred after a conviction under this By-law.
18.5 When a person has been convicted of an offence under this By-law, the Ontario
Court of Justice, or any Court of competent jurisdiction thereafter may, in
addition to any other penalty imposed on the person convicted, make an Order
prohibiting the continuation or repetition of the offence by the person convicted.
18.6 Upon conviction, any fine imposed under this By-law may be collected under
the authority of the Provincial Offences Act, as amended.
XIX
OBSTRUCTION
19.1 In accordance with the provisions of the Municipal Act, as amended, Section
426(1), no owner shall hinder, interfere with or otherwise obstruct, either directly
or indirectly, an Officer, employee of the Corporation and/or agent in the lawful
exercise or power or duty under this By-law.
XX
CORPORATION NOT LIABLE
20.1 The Corporation assumes no liability for property damage or personal injury
resulting from remedial action, remedial work undertaken with respect to any
owner or property that is subject of this By-law.
XXI
VALIDITY AND SEVERABILITY
21.1 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 enforceability of any other provision of this
By-law, or of the By-law as a whole.
23
XXII
SEPARATE OFFENCE
22.1 For the purpose of this By-law, each day of a continuing offence shall be deemed
to be a separate offence.
XXIII INTERPRETATION
23.1 Where a provision of this By-law conflicts with a provision of any other By-law
statute or regulation in force, the provision that establishes the higher standard
to protect the health, safety and welfare of the general public shall be applicable.
23.2 Notwithstanding Subsection 23.1 of this By-law, in the case of a heritage
property or heritage attribute, where there is a provision of this By-law that
conflicts with any other provision of this By-law or any other Corporation By-law,
the provision that establishes the highest standard for the protection of heritage
attributes shall prevail.
XXIV SHORT TITLE
24.1 This By-law may be cited as the "Property Maintenance By-law".
XXV REPEALED
25.1 That By-laws #1993-20, #1996-32 and #2003-43 are hereby repealed.
XXVI FORCE AND EFFECT
26.1 That this By-law shall come into force and effect on the date it is passed.
ENACTED AND PASSED this 14th day of August, 2018.
_____________________________
Virginia Hackson, Mayor
_____________________________
Fernando Lamanna, Municipal Clerk
24
THE CORPORATION OF THE TOWN OF EAST GWILLIMBURY
PART 1 PROVINCIAL OFFENCES ACT
By-law No. 2018-084
ITEM
Column 1
Short Form Wording
Column 2
Offence
Creating
Provision
Column 3
Set Fine
1
Fail to cut grass or
weeds over twenty
centimeters in height.
(Non-Rural Zones)
Subsection 2.1
$250.00
2
Fail to cut grass or
weeds over twenty
centimeters in height.
(Rural Zones)
Subsection 2.2
$250.00
3
Fail to maintain ground
cover on property clear
of invasive plant species.
Subsection 2.5
$250.00
4
Fail to maintain ground
cover on their property.
Subsection 2.6
$250.00
5
Fail to maintain all
hedges, ivy, bushes and
shrubs on their property.
Subsection 2.7
$250.00
6
Fail to remove any
domesticated animal
excrement on their
property.
Subsection 2.8
$250.00
7
Fail to maintain property
clear of all waste
materials.
Subsection 2.9
$250.00
8
Fail to store waste
material in rigid covered
container.
Subsection
2.10
$250.00
9
Store waste material in
front yard.
Subsection
2.10
$250.00
10
Fail to maintain property
clear of all inoperable
vehicles.
Subsection
2.11
$250.00
11
Park a recreation
vehicle, utility trailer,
trailer, boat, mobile
home, or similar in
contravention of
Corporation's Zoning
By-law.
Subsection
2.12
$250.00
25
ITEM
Column 1
Short Form Wording
Column 2
Offence
Creating
Provision
Column 3
Set Fine
12
Fail to park, store or
drive a vehicle on a
paved or finished
surface.
Subsection
2.13
$250.00
13
Fail to remove all graffiti,
stains or other
defacement.
Subsection
2.14
$250.00
14
Fail to restore surface
and adjacent areas
following removal of
graffiti, stains or other
defacement.
Subsection
2.14
$250.00
15
Erect, install, use, or
permit erection,
installation or use of
outdoor light fixture
which is not shielded.
Subsection
2.15
$250.00
16
Fail to keep property
clear of objects or
conditions that create or
might create a health,
fire or accident hazard.
Subsection 3.1
$250.00
17
Cause or permit an
unfenced or unprotected
pit, excavation or other
downward slope which
causes a safety hazard.
Subsection 3.2
$250.00
18
Permit a well which is
unprotected or the
presence of which
creates a risk of accident
or injury.
Subsection 3.3
$250.00
19
Fail to remove all
standing water.
Subsection 3.4
$250.00
20
Fail to keep all swimming
pools, hot tubs, wading
pools or artificial ponds
in good repair and
working condition.
Subsection 3.6
$250.00
26
ITEM
Column 1
Short Form Wording
Column 2
Offence
Creating
Provision
Column 3
Set Fine
21
Fail to remove snow and
ice from exterior
walkways, steps,
landings, ramps, exterior
driveways and parking
areas.
Subsection 3.7
$250.00
22
Fail to remove snow and
ice from the roofs of
building(s) or structure(s)
that pose a hazard.
Subsection 3.8
$250.00
23
Dump, throw, place,
deposit, bury, dispose, or
permit to be dumped,
thrown, placed,
deposited, buried, or
disposed waste
material.
Subsection 4.1
$250.00
24
Aid or assist in dumping,
throwing, placing,
depositing, burying or
disposing of waste
material.
Subsection 4.2
$250.00
25
Use any property within
the Town for dumping,
throwing, placing
depositing, burying or
disposing of waste
material.
Subsection 4.2
$250.00
26
Dump, throw, place,
deposit, bury, dispose, or
permit to be dumped,
thrown, placed,
deposited, buried, or
disposed waste material
on a highway.
Subsection 4.3
$250.00
27
Use of compost heap or
structure by persons
other than the owner of
a property.
Subsection 5.1
$250.00
27
ITEM
Column 1
Short Form Wording
Column 2
Offence
Creating
Provision
Column 3
Set Fine
28
Fail to locate and use a
compost heap or
structure in accordance
with the provisions of this
By-law.
Subsection 5.2
$250.00
29
Keep firewood on a
property not used for
wood burning on the
property.
Subsection 6.1
$250.00
30
Fail to store firewood in
accordance with the
provisions of this By-law.
Subsection 6.2
$250.00
31
Alter or permit the
alteration of a heritage
property without
Heritage Approval.
Subsection 7.2
$250.00
32
Fail to protect vacant
heritage property
against the risk of fire,
storm, neglect,
intentional damage,
damage by other causes,
injurious insects or
rodents.
Subsection 7.3
$250.00
33
Fail to protect vacant
listed heritage property
against the risk of fire,
storm, neglect,
intentional damage,
damage by other causes,
injurious insects or
rodents.
Subsection 8.1
$250.00
34
Fail to post "No
Trespassing" signs on a
vacant heritage
property.
Subsection
9.4(a)
$250.00
35
Fail to post heritage
notice on a vacant
heritage property.
Subsection
9.4(b)
$250.00
36
Fail to post "No
Trespassing" signs on a
vacant listed heritage
property.
Subsection
9.5(a)
$250.00
28
ITEM
Column 1
Short Form Wording
Column 2
Offence
Creating
Provision
Column 3
Set Fine
37
Fail to post heritage
notice on a vacant listed
heritage property.
Subsection
9.5(b)
$250.00
38
Fail to affix street
number in accordance
with the provisions of this
By-law.
(Non-Commercial
Property)
Subsection
10.1
$250.00
39
Fail to affix the correct
street number.
Subsection
10.2
$250.00
40
Fail to affix street
number in a contrasting
colour to the surface or
building façade.
Subsection
10.3
$250.00
41
Fail to affix street
number in accordance
with the provisions of this
By-law. (Commercial
Property)
Subsection
10.4
$250.00
42
Fail to affix unit number
in accordance with the
provisions of this By-law.
(Commercial Property)
Subsection
10.5
$250.00
43
Fail to affix unit number
in accordance with the
provisions of this By-law.
(More than one building
being used as a
residential dwelling on a
property)
Subsection
10.6
$250.00
44
Fail to affix unit number
in accordance with the
provisions of this By-law.
(Residential dwelling with
an accessory apartment)
Subsection
10.7
$250.00
45
Fail to install reflective
plate in accordance with
the provisions of this By-
law.
Subsection
10.8
$250.00
29
ITEM
Column 1
Short Form Wording
Column 2
Offence
Creating
Provision
Column 3
Set Fine
46
Fail to maintain
reflective plate, street
number or supporting
structure in good order
and repair.
Subsection
10.9
$250.00
47
Fail to affix unit number
in accordance with the
provisions of this By-law.
(Residential
development located on
a private/condominium
road)
Subsection
10.10(a)
$250.00
48
Fail to place and
maintain a sign in
accordance with the
provisions of this By-law.
Subsection
10.10(b)
$250.00
49
Obstructing an Officer or
Agent
Subsection
19.1
$500.00
Note: The penalty provision(s) for the offences indicated above is Section 18 of By-law
No. 2018-084 a certified Copy of which has been filed.