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By-Law Number 1440
Page 1 of 5
The Corporation of the Town of Essex
By-Law Number 1440
Being a by-law to prescribe standards for
the maintenance of nuisance weeds and tall
grasses on private lands
Whereas Nuisance Weeds may result in allergic reactions or health problems for
individuals and can disrupt ecological systems;
And whereas Nuisance Weeds have an impact on the health, safety and well-being of
the inhabitants of the Town of Essex and the natural environment;
And whereas Tall Grass and Nuisance Weeds may pose a risk to safety and fire safety,
may impair visual sight lines, may create habitats for mosquitos, rodents or other
insects and animals and contributes to neighbourhood blight;
And whereas Council deems Tall Grass and Nuisance Weeds to be a public nuisance;
And whereas Section 9 of the Municipal Act, 2001, S.O. 2001, C. 25, as amended gives
municipalities the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under this or any other Act;
And whereas Section 11 (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
enables a municipality to pass by-laws respecting the health, safety and well-being of
persons;
And whereas Section 127 (a) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
enables a municipality to pass by-laws requiring the owner or occupant of lands to
clean and clear the land and Section 127 (b) enables a municipality to regulate how
matters under Section 127 (a) shall be done;
And whereas Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended
enables a municipality to pass by-laws which prohibit and regulate public nuisances,
including matters which in the opinion of Council are or could become or cause public
nuisances;
And whereas Section 446 (1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
enables a municipality that has the authority under this or any other Act to direct or
require a person to do a matter or thing, the municipality may also provide that, in
default of it being done by the person directed or required to do it, the matter or thing
shall be done at the person's expense;
By-Law Number 1440
Page 2 of 5
And whereas Section 446 (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
enables that for the purposes of Section 446 (1) the municipality may enter upon Land
at any reasonable time;
And whereas Section 446 (3) of the Municipal Act, 2001, S.O. 2001, c.25, as amended
enables a municipality to recover the costs of doing a matter or thing under Section
446 (1) from the person directed or required to do it by action or by adding the costs
to the tax roll and collecting them in the same manner as property taxes;
Now therefore the Council of The Corporation of the Town of Essex enacts as follows:
Short Title
1.
This by-law may be referred to as the "Nuisance Weed and Tall Grass Control
By-Law".
Definitions
2.
In this by-law:
- "By-Law Enforcement Officer" means the Chief Building Official or a
person appointed by by-law as a Municipal By-Law Enforcement Officer;
- "Chief Building Official" means the By-Law Enforcement Officer or his or
her designate;
- "Corporation" means The Corporation of the Town of Essex;
- "Council" means the Council of The Corporation of the Town of Essex;
- "Destroy" includes to pull or remove weeds, cutting the weeds at their
roots or stalks before the weed seeds have developed sufficiently to ripen
after cutting, or plowing or cultivating the soil in which the plants are
growing;
- Land" includes any private property, premises, grounds, yards or vacant lot;
- "Nuisance Weed" means any of the weeds as set out in Schedule "A"
attached hereto, or any other plant designated by by-law of the
Corporation as a nuisance weed;
- "Occupant" means any person or persons over the age of eighteen years in
possession of the Land;
- "Owner" includes the registered owner, person in charge of the Land, or
the person for the time being managing or receiving the rent of the Land
whether on his or her own account as an agent or trustee of any other
person and shall also include an Occupant, tenant, or lessee of the Land;
- "Tall Grass" includes any grasses which exceed 20 centimeters (8 inches) in
height.
By-Law Number 1440
Page 3 of 5
Scope
3.
This by-law shall apply to all Land in the Town of Essex, save and except for any
Land owned by The Corporation of the Town of Essex, School Boards or any
other government authority or utility corporation.
Administration
4.
The Chief Building Official is responsible for the administration and
enforcement of this by-law.
Requirements
5.
Every Owner of Land shall cut and maintain Tall Grass to a height not
exceeding 20 centimeters (8 inches).
6.
Every Owner of Land shall destroy and remove all Nuisance Weeds and seeds of
Nuisance Weeds on their Lands.
7.
Every Owner of Land who is served with a Notice of Contravention pursuant to
the provisions of this by-law shall comply with the terms of the Notice within
the time set out therein.
Enforcement
8.
A By-Law Enforcement Officer who finds Land which does not comply with the
requirements of this by-law may order the Owner of the Land, such order to be
made by way of issuing a Notice of Contravention, to bring the Land into
conformity with the provisions of this by-law within the time set out in the
Notice.
9.
The Notice of Contravention shall be served upon the Owner by personal
service or by mailing a copy of the Notice by prepaid first class mail or
registered mail to the last known address noted on the tax assessment roll, or
by a Notice published once in a local newspaper of general circulation
10.
Where there is more than one Owner of the Land, the Notice shall be served
upon every Owner of whom the By-Law Enforcement Officer is aware.
11.
Service by prepaid first class mail or registered mail shall be deemed to be
effective on the seventh day after the Notice is mailed.
12.
Notice published once in a local newspaper of general circulation shall be
deemed to be effective service upon every Owner of the Land as of the date of
publication.
By-Law Number 1440
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13.
Where an Owner, who has been served with a Notice of Contravention under
Section 8 or 12 herein, fails to comply with the Notice, then a By-Law
Enforcement Officer or the Corporation's employees or any authorized agent
on behalf of the Corporation may enter on the Land at any reasonable time and
complete the work required to bring the Lands into compliance with the
provisions of this by-law as set out in the Notice.
14.
Where the Corporation has performed the work required to bring the Lands
into compliance with the by-law, the expenses incurred in doing the work may
be collected by action or the costs may be added to the tax roll for the Lands
and collected in the same manner as taxes.
Offences
15.
Every person who contravenes any of the provisions of this by-law or who
obstructs or attempts to obstruct a By-Law Enforcement Officer in carrying out
his or her duties under this by-law is guilty of an offence and is liable, upon
conviction, to a maximum fine as established pursuant to the Provincial
Offences Act, R.S.O. 1990, c.P. 33.
Severability
16.
Where a Court of competent jurisdiction declares any section or part of a
section of this by-law invalid, the remainder of this by-law shall continue in
force unless the Court makes an order to the contrary.
Repeal
17.
Except as provided in Section 18 hereof, By-Law Number 1252 is hereby
repealed.
Transition
18.
Notwithstanding Section hereof, the provisions of the by-laws contained in
Section 17 shall continue to apply to any properties or persons in respect of
which enforcement action has been commenced under those by-laws until
such action has been concluded.
Read a first, a second and a third time and finally passed on September 8, 2015.
______________________________
Mayor
______________________________
Clerk
By-Law Number 1440
Page 5 of 5
Schedule "A" to By-Law Number 1440
Table of Nuisance Weeds
The following twelve common names and scientific names are the types of nuisance
weeds:
- Buckthorn, European or Rhamnus cathartica L.
- Hemlock, poison or Conium maculatum L.
- Poison-ivy or Rhus radicans L.
- Ragweed spp. Or Ambrosia spp.
- Sow-thistle, annual, perennial or Sonchus spp.
- Thistle, bull or Cirsium vulgare (Savi) Tenore
- Thistle, Canada or Cirsium arvense (l.) Scopoli
- Thistle, nodding, spp. Or Carduus spp.
- Thistle, Russian or Salsola pestifer Aven Nelson
- Thistle, Scotch or Onopordum acanthium L.
- Garlic Mustard or Alliaria petiolata
- Creeping Charlie or Clechoma hederalea