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unofficial consolidation, the official version is held by the municipal clerk.
This office consolidation is for ease of reference only. Copies of Original and Amending By-laws
can be obtained by contacting the Clerk's Office at: 705-424-9917
AMENDING BY-LAW:
2023-28 - MAY 2023
THE CORPORATION OF THE
TOWNSHIP OF ESSA
UNTIDY LOT By-law 2006-50 as amended
OFFICE CONSOLIDATION
By-law No. 2006 - 50 as amended
OFFICE CONSOLIDATION
THE CORPORATION OF THE TOWNSHIP OF ESSA
BY-LAW 2006 - 50
A By-law to require and regulate the filling up, draining,
cleaning and clearing of any grounds, yards or vacant lots
within the Township of Essa and being a By-law requiring
properties to be kept in a safe and clean condition; and to
Repeal By-law 97-64.
WHEREAS the Municipal Act, 2001, S.O. 2001, C.25, provides municipalities with
the capacity, rights, powers and privileges to enable them to govern their affairs and to
enhance their ability to respond to municipal issues; and
WHEREAS the Corporation of the Township of Essa deems it necessary to pass a
by-law to prevent the accumulation of rubbish, refuse, garbage, litter, junk, vehicles,
equipment, machinery and any waste material within the Township, and to have fire and
health hazards removed;
NOW THEREFORE the Council of the Corporation of the Township of Essa enacts
as follows:
TITLE AND SCOPE
This By-law shall be known as a By-law to regulate the filling up, draining, cleaning and
clearing of any grounds, yards or vacant lots within the Township of Essa and requiring
buildings and yards to be kept in a safe and clean condition.
DEFINITIONS
"Derelict Automobile" means a motor vehicle that is inoperable, has no market value as a
means of transportation, or has a market value as a means of transportation that is less
than the cost of repairs required to put it into operable condition, is unlicensed for the
current year, and is not properly enclosed and protected.
"Occupant" means any person or persons over the age of eighteen years, but not
necessarily the owner of the property, who is apparently in possession of the property.
"Officer" shall include a Municipal Law Enforcement Officer of the Corporation of the
Township of Essa, Building Inspectors or any Inspector or Assistant Inspector appointed by
by-law of the Corporation of the Township of Essa, the Fire Chief or designate, or officers of
the Simcoe Muskoka District Health Unit, or an officer of the Ontario Provincial Police.
"Owner" means the registered owner of the property and, for the purpose of this By-law,
includes any registered lessee or tenant.
"Restoration" means a vehicle of at least 20 years of age that is actively being restored or
By-law No. 2006 - 50 as amended
OFFICE CONSOLIDATION
repaired for use as an antique vehicle or display vehicle with the intention to be operational,
and which the progress of such restoration work will be evident;
"Sewage" means any liquid or solid and liquid waste, containing animal, vegetable or
mineral matter in suspension or a solution, but does not include roof drainage or storm
water runoff unless the property is serviced by storm sewers;
"Township" means The Corporation of The Township of Essa.
"Unsafe Condition" shall include flammable refuse, long grass or untrimmed underbrush,
timber, lumber and other wood products; an unfenced or unprotected pit, excavation, hole,
or other cavity which creates a safety hazard; any materials considered hazardous waste or
products within a hazardous waste category; a building, part or all of which is liable to
collapse from snow, wind, human occupancy or other causes; machinery, automotive
equipment, building material or the like in disuse which is not properly enclosed and
protected; any other circumstances whatever that creates, or is likely to create an unsafe or
hazardous condition from fire or other dangerous accident;
"Vacant Lot" means any parcel of land capable of being conveyed and on which there is no
structure or building being used or occupied;
"Vehicle" includes any motor vehicle, within the meaning of the Highway Traffic Act of
Ontario, trailer, commercial motor vehicle, an automobile, motorcycle, motor assisted
bicycle, a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of
husbandry, road building machine and any other vehicle propelled or driven otherwise than
by muscular power;
"Waste Material" shall include garbage, rubbish, recyclable materials, discarded building
materials, refuse or junk, tin cans, bottles, boxes or other containers, machinery, derelict
automobiles as herein defined, and any material in excess to the needs of the owner;
"Weeds" means a plant that is deemed to be a Noxious Weed under subsection 10 (2), or
designated as a noxious weed under clause 24 (a) of the Weed Control Act, R.S.O. 1990.
"Yard" means an open, uncovered space on a lot appurtenant to an occupied building or
structure.
GENERAL PROVISIONS
1.
TIDY PROPERTIES
a.
No owner shall cause any grounds, yard or vacant lot to remain in
anything other than an orderly, tidy and litter-free manner.
2.
UNSAFE CONDITIONS
a.
No owner shall allow or permit the creation, presence or existence of any
waste material or unsafe condition in or upon any yard, lot, ground or
buildings which he/she owns, rents occupies, or has an interest in, whether
By-law No. 2006 - 50 as amended
OFFICE CONSOLIDATION
equitable or legal.
3.
WEEDS
a.
An owner or occupant shall keep all grass and herbage sufficiently cut and
trimmed in the following preventative manner:
i
not to allow the harbouring of mosquitoes and other annoying
insects;
ii
to prevent the ripening and dispersal of weeds and other noxious
plants;
iii
to present a reasonably neat appearance to the public;
iv
to prevent herbage from growing to an extent of more than 8" in
height.
b.
In the event that the owner of a property has failed to take action to eliminate
and destroy noxious weeds or long grass, the Township may do such work or
cause it to be done, and the cost thereof may be recovered from the said
owner in like manner as municipal taxes.
4.
VEHICLES
No vehicle, including a trailer or any part of such vehicle or trailer which is in a wrecked,
discarded, dismantled, inoperative or abandoned condition shall be parked, stored or left
outdoors on any property in The Township with the following exceptions:
a.
where it is part of an automotive repair establishment use, an automotive or
auto body establishment use, or a permitted Industrial use zoned in
accordance with the Township of Essa Zoning By-law;
b.
where it is part of any legal non-conforming automotive use or licensed
salvage yard use;
c.
where the vehicle is at least 20 years of age and is being or has been
actively restored as an antique vehicle, display vehicle or operational vehicle;
d.
where the vehicle is operative and has a license plate that has been
registered for that vehicle, and said license is valid and up-to-date that has
been issued or attached to that vehicle which has not expired for more than
one year.
e.
No person shall allow the piling or stacking of vehicles on any property
unless the property is licensed by the Municipality as a salvage yard.
5.
EXCEPTIONS
No owner or occupant shall permit or allow automobiles, trucks, boats or other derelict
motor vehicles or parts thereof or any discarded building material or any machinery or
machinery parts of any kind or description to be stored upon any grounds, yard, or vacant
By-law No. 2006 - 50 as amended
OFFICE CONSOLIDATION
lot, with the following exceptions:
a.
where the items set out in Section 4 above are properly enclosed within a
shed or garage or suitable building;
b.
where the items set out in Section 4 above are being stored by an owner
licensed by the Corporation of the Township to carry on a business upon that
ground, yard, or vacant lot, and storage of such items is a necessary or
normal accessory use thereto;
c.
land which is a waste disposal site which has a Certificate of Approval for
such purposes under the Environmental Assessment Act, R.S.O. 1990,
Chapter E.18.
6.
DRAINAGE
a.
No owner or occupant shall:
i
discharge sewage onto the surface of the ground;
ii
allow a sump pump to enter a neighbouring property;
iii
allow roof run off to enter a neighbouring property;
and shall ensure proper drainage swales are installed to direct drainage for
proper dispersal.
7.
EXCAVATION
a.
No owner or occupant shall cause or allow holes or excavations in any
ground, yard or vacant lot that may create an accident or health hazard to
any member of the public.
b.
Section (a) does not apply to any hole or excavation for the purposes of
constructing a building or structure, septic bed, pipeline or similar activity,
provided that the activity is carried on in an expeditious manner in
accordance with all other applicable laws, and provided all reasonable steps
are taken to protect the public from such hole or excavation.
8.
INSPECTION
a.
An Officer of the Corporation of the Township of Essa has the power to enter
upon and examine any grounds, yard, vacant lot or building at any
reasonable time or times.
b.
An Officer may be accompanied by such other person or persons as deemed
necessary to properly carry out their duties under this By-law.
By-law No. 2006 - 50 as amended
OFFICE CONSOLIDATION
9.
OBSTRUCTION
a.
Every person who hinders, disturbs or obstructs any Officer in the carrying
out of their duties, or contravenes any provision of this By-law unless
otherwise provided herein is guilty of an offence and, upon conviction, is
liable to a fine pursuant to the Provincial Offences Act.
10.
COMPLIANCE
a.
In addition to the remedies set out in Section 11 herein, an Officer of the
Corporation of the Township of Essa may give the owner of any grounds,
yard, vacant lots or building that fails to meet the standards as set out by this
By-law, a notice in writing delivered or sent by mail to the said owner
directing the owner to eliminate, demolish or dispose of any waste material or
unsafe condition existing on the lands within the time stipulated in the notice
and notifying the owner that in default of compliance with the notice, the
Township shall perform the work at the owner=s expense.
b.
In the event that the owner does not comply with the direction of the said
notice, the Corporation of the Township of Essa may do such work or cause
it to be done and the cost thereof may be recovered from the said owner by
court action or the same may be recovered in like manner as municipal
taxes.
c.
The notice referred to in Section 10 a herein may be dispensed if the Officer
deems that an unsafe or hazardous condition within the meaning of the By-
law exists.
d.
Where any grounds, yard, vacant lots or buildings fail to meet the standards
as set out in the By-law, the owner of the said grounds, yard, vacant lot or
building shall eliminate, repair, clean up, fill up, otherwise remove or dispose
of any waste material or unsafe condition existing on the said land.
11.
PENALTIES AND ENFORCEMENT
a.
Any person who contravenes any provision of this By-law, unless otherwise
provided herein, is guilty of an offence and, upon conviction, is liable to a fine
of not more than $5,000.00.
b.
Each day that a breach of this By-law continues shall constitute a separate
offence.
c.
This By-law shall be enforced by the Officer(s) of the Corporation of the
Township of Essa.
d.
Where a contravention of Essa's Untidy Lot By-law has been found to exist,
the municipality shall have the right to recover all costs incurred in applying
and enforcing this by-law, and shall include administration enforcement fees
as set out in the Township of Essa's Fees and Charges By-law.
ADDED
By-law 2023-28
By-law No. 2006 - 50 as amended
OFFICE CONSOLIDATION
12.
INTERPRETATION
a.
For the purposes of this by-law:
i.
Words used in the singular form shall have corresponding
meanings when used in the plural form.
ii.
The word "may" shall be construed to be permissive.
iii.
The word "shall" shall be construed as imperative.
b.
Should any section, sub-section, 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 or enforceability or any
other provision of this by-law or the by-law as a whole.
c.
The short title of this by-law shall be "The Untidy Lot By-law" of the
Township of Essa.
d.
The Township of Essa By-law 97-64 shall be and is hereby repealed.
e.
This by-law shall come into force and have effect upon the date it is finally
passed.
READ A FIRST, AND TAKEN AS READ A SECOND AND THIRD TIME AND FINALLY
PASSED this Fifth day of July, 2006.
_____________________________________
David Guergis, Mayor
_____________________________________
Julie Barrett, Treasurer/Deputy Clerk
By-law No. 2006 - 50
Page 8
TOWNSHIP OF ESSA
By-law 2006 - 50
Untidy Lot By-law
Part I Provincial Offences Act
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision
creating or
defining
offence
COLUMN 3
Set Fine
1.
Permitting a yard, grounds or vacant lot
to remain in other than a litter free
manner
Sec. 1
$80.00
2.
Permitting an unsafe condition upon any
property
Sec. 2
$80.00
3.
Permitting waste material accumulation
Sec. 2
$80.00
4.
Failing to cut grass and herbage to
prevent mosquitoes and insects
Sec. 3 a i
$80.00
5.
Failing to cut grass and herbage to
prevent weeds
Sec. 3 a ii
$80.00
6.
Failing to cut grass and herbage so as
to present a neat appearance
Sec. 3 a iii
$80.00
7.
Failing to cut grass to prevent growth of
more than 8 inches in height
Sec 3 a iv
$80.00
8.
Permitting accumulation of inoperable
vehicles, boats, machinery or parts
thereof
Sec. 4
$80.00
9.
Permitting discharge of sewage onto the
surface of the ground
Sec. 6 a i
$80.00
10.
Drain sump pump to another property
Sec. 6 a ii
$80.00
11.
Drain roof run-off to another property
Sec. 6 a iii
$80.00
12.
Permitting holes or cavities in any
ground which create a health hazard
Sec. 7 a
$80.00