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By-Law 12-2024 Clean Yards Page 1 of 6
THE CORPORATION OF THE TOWNSHIP OF GREATER MADAWASKA
BY-LAW 12-2024
______________________________________________________________________________
Being a By-Law respecting the cleaning up of yards
and vacant lots in the Township of Greater Madawaska
______________________________________________________________________________
WHEREAS the Municipal Act 2001, SO 2001 c. 25 as amended authorizes municipalities to pass
by-laws for requiring the cleaning and clearing of yards, for prohibiting the depositing of refuse
on private and public lands; and for prohibiting automotive wrecking yards; and
WHEREAS Section 127 of the Municipal Act 2001, S.O. 2001, c.25, as amended, permits a
municipality may pass by-laws requiring an owner or occupant of land to clean and clear the
land, not including buildings, or to clear refuse or debris from the land, not including buildings;
regulating when and how such matters shall be done; prohibiting the disposal of refuse or
debris on land without the consent of the owner or occupant of land; and; defining "refuse";
and
WHEREAS Section 446 of the Municipal Act 2001, SO 2001 c. 25 permits a municipality to enact
a by-law to require that a matter or thing be done by a person and in default, the matter or
thing may be done by the municipality at the person's expense and further that the costs of
doing so may be added to the tax rolls and collected in the same manner as taxes; and
WHEREAS it is deemed desirable to enact this by-law to extend the useful life of individual
properties to enhance the quality of communities and neighbourhoods, and to ensure the
continued enjoyment of property for residents and property owners in the Township of Greater
Madawaska.
NOW THEREFORE the Council of the Township of Greater Madawaska enacts as follows:
1) Application
This by-law shall apply to all properties within the Township of Greater Madawaska
that are used for residential, commercial, industrial and institutional purposes.
2) Definitions:
a) "boulevard" means the area between the right of way limit and the curb. Also
referred to as "road edge" in this document. See also "inner boulevard" and "outer
boulevard";
b) "Corporation" means the Corporation of the Township of Greater Madawaska;
c) "Improved vegetated surfaces" means vegetated areas, usually around residences
and street fronts, that have been altered from their natural state and can include
mowed lawns and low groundcover.
d) "inner boulevard" means that portion of the road edge between the curb and the
sidewalk;
e) "natural or naturalized area" means a vegetated area that has not been improved or is
being allowed to return to a natural state.
f) "Notice" means a notice as set out in Appendix "A" of this Bylaw;
g) "occupant" means the registered owner of property, tenant or occupant or person
for the time being managing or receiving the rent from the property, whether on
their own account or on account of an agent or trustee of any person, or any one
of the aforesaid;
h) "officer" means a Municipal Law Enforcement Officer or Property Standards Officer
appointed by Council of the Township of Greater Madawaska an agent and/or his
or her designate assigned the responsibility for enforcing and administering this
by-law;
By-Law 12-2024 Clean Yards Page 2 of 6
i) "outer boulevard" means that portion of the road edge between the sidewalk and
the right of way limit;
j) "Order" means a notice as set out in Appendix "A" of this Bylaw;
k) "property" means any parcel of land or registered water lot and, without limiting
the generality of the foregoing, shall mean lands and /or premises appurtenant to
a building or structure, whether residential, commercial, industrial or institutional,
and includes vacant property;
l) "refuse" or "debris" 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 and without limiting the
generality of the foregoing shall include garbage, junk, tin cans, old or decayed
lumber, furniture, construction materials and abandoned or inoperable motor
vehicles.
Without restricting the generality of the foregoing, refuse or debris may include:
i) garbage, rubbish, junk or litter;
ii) excessive accumulations or piles of grass clippings, tree and garden cuttings,
brush and leaves which are not part of a horticultural or composting process;
iii) unusable containers such as crockery, dishes, glassware, bottles, plastic
containers and cans;
iv) discarded paper, paper products, cardboard, clothing;
v) discarded appliances such as stoves, microwave stoves, refrigerators, freezers
and other such appliances, furniture, furnace parts, pipes, water or fuel tanks;
vi) any unused, abandoned, dismantled or inoperative vehicle;
vii) any wrecked, dismantled, discarded vehicle or automotive parts or accessories,
mechanical parts, unmounted or mounted tires, accessories or adjuncts to any
vehicle or mechanical equipment;
viii) any all-terrain vehicle, motor home, motorized snow vehicle, motorized
recreational vehicle or camper, traction engine, farm or lawn tractor, road-
building machine or a vehicle drawn, propelled or driven by any kind of power,
including horsepower or manpower, boat, watercraft or trailer or part thereof,
which is in a wrecked, discarded, dismantled, inoperative or abandoned
condition unless it is necessary for the operation of a business lawfully situated
on the property;
ix) broken concrete or asphalt pavement, patio/sidewalk slabs, unusable building
materials;
x) discarded, unused or waste materials resulting from or as part of construction,
alteration, repair or demolition of any building or structure, or old or decayed
lumber;
xi) any refuse or debris, or any other materials, objects or conditions that may
create a health, fire or accident hazard;
xii) dilapidated, collapsed or partially constructed structures which are not
currently under construction or repair;
xiii) discarded, dead, diseased, decayed or damaged trees that pose a threat to
public safety or building structures, or pose a fire safety hazard, as determined
by the Property Standards Officer, or brush not neatly stacked and intended for
use for heating purposes;
m) "repair" means the provision of such facilities and the making of additions or
alterations or the taking of such action as in restoring, renovating or mending as
may be required so that the property shall conform to the standards as established
in this by-law;
n) "right-of-way" for the purposes of this by-law, means the corridor of land owned
by a municipality within which a travelled, municipally maintained road is located.
This includes the road pavement and boulevards on either side;
o) "vehicle" means an automobile, motorcycle, motor assisted bicycle, traction
engine, farm tractor or farm machinery, road building machine, construction
vehicle, bulldozer, backhoe, excavator, grader, asphalt, earth mover, compactor,
crane, lift, skid steer, generator, welder, street car or other vehicle running only on
rails, motorized snow vehicle, off road vehicle, trailer, boat, bicycle, or any vehicle
drawn, propelled or driven by any kind of power, including but not limited to
mechanical power, muscular power or wind power;
By-Law 12-2024 Clean Yards Page 3 of 6
p) "vegetation" is an assemblage of plants, plant species, shrubs, trees and ground
cover.
q) "Weed" is a plant that has been listed in the Schedule of Noxious Weeds found in
Regulation 1096 made under the Weed Control Act.
3) Scope
This By-law does not apply so as to prevent a farm operation or practice meeting the
definition of "agricultural operation" and "normal farm practice" under the Farming
and Food Production Protection Act, 1998, SO 1998, c.1 as amended from carrying out
a normal farm practice as provided for and defined under that Act.
4) General Standards
a) Every owner, tenant or occupant of property shall maintain said property clean and
free from refuse and/or debris and stored or accumulated objects or materials that
create a nuisance;
b) Every owner, tenant or occupant of property shall keep their property in a state of
good repair as set out in this by-law by the owner, tenant or occupant of the
private property, and kept in a clean, clear and safe condition;
c) Owners, tenants, and occupants are encouraged to keep as much of their property
in as natural a state as is practical, especially shorelands, while keeping the overall
property, including improved vegetated areas and gardens in a state that enhances
the quality of communities and neighbourhoods;
d) Improved Vegetated Areas (lawns and groundcover) on the property shall be
maintained so that its height is maintained not to exceed a maximum of 15 cm (6
inches) but does not include edible crops, natural, or naturalized areas. Any
noxious weeds must be controlled and or removed from the property as required
by the Provincial "Weed Control Act"; Weeds must be destroyed and weed control
is encouraged to be performed using non-toxic methods.
e) Every owner, tenant or occupant of property shall keep hedges, shrubs and trees
adjacent to improved vegetated areas on public property, private property or
roadways cut and trimmed so as not to encroach onto the adjacent property. This
shall include removal of droppings from any hedge, shrub, tree or grass clippings;
f) No person shall throw, place or deposit, or permit any person to throw, place or
deposit, any refuse or debris as herein defined on any property within the
Township of Greater Madawaska without the written consent of the property
owner, and only then in accordance with this by-law;
g) Every owner, tenant or occupant shall keep their property free and clear of food
sources that don't occur naturally in the wild, such as pet food, food waste, used
food and beverage recyclables, and other garbage that attract infestations of
injurious wildlife. Compost should be stirred in and turned over regularly to deter
bears and raccoons.
h) No owner, tenant or occupant of land shall use any land for storing used or
inoperative motor vehicles or vehicle parts for the purpose of wrecking them or
salvaging vehicle parts thereof for sale or other disposal, including the purposes of
repairing other vehicles, unless the land is permitted to be used for such purposes
through the Townships Comprehensive Zoning By-law and the owner or occupant
holds a current and valid license to permit motor vehicle salvage.
All implements of husbandry shall be excluded from this By-Law.
The above provisions shall not apply to owner, tenants or occupants who are
actively restoring not more than two vehicles, providing that vehicle storage and
restoration work is located in such a manner so as to be screened from view by
neighbouring property owners, tenants or occupants, or from adjacent roadways;
i) No owner, tenant or occupant of land shall keep a swimming pool, hot tub, wading
pool or artificial pond unless it is maintained in good repair and working condition;
By-Law 12-2024 Clean Yards Page 4 of 6
j) No owner or occupant shall permit water discharge from roofs, land, sumps,
buildings or pool drainage onto a neighbouring property;
5) Liability
Pursuant to Section 448 of the Municipal Act, SO 2001, c, 25 as amended, no
proceeding for damages or otherwise shall be commenced against a member of
Council or an officer, employee or agent of the municipality or a person acting under
the instructions of the officer, employee or agent for any act done in good faith in the
performance or intended performance of a duty or authority under this by-law for any
alleged neglect or default in the performance in good faith of the duty or authority.
6) Right of Entry
Pursuant to Section 435 and 436 of the Municipal Act, SO 2001, c.25 as amended, an
officer may enter upon property, at any reasonable time, for the purpose of carrying
out inspections of or on such property to determine whether or not the provisions of
this by-law are being complied with in accordance with the provisions of Section
426(1) of the Municipal Act, SO 2001, c.25 as amended, no person shall hinder,
interfere with, or otherwise obstruct, either directly or indirectly, an officer in the
lawful exercise or power or duty under this by-law.
7) Administration and Enforcement
a) When any property is not maintained to the requirements of this by-law, the
officer shall notify the owner, tenant or occupant, or other person responsible for
the maintenance of the property, by issuing a Notice (Appendix "A") advising of the
violation and requiring that the property comply with the provisions of the by-law
within a specified period of time, but not less than 48 (forty eight) hours from the
date of the Notice. Said Notice shall be posted on the property, delivered
personally to the owner, tenant or occupant or person responsible for the property
or sent by registered mail to the last known address of the registered owner as
shown on the last revised assessment rolls of the municipality;
b) Where a Notice has been issued pursuant to Section 7a) and the requirements of
the Notice have not been complied with, the officer may issue an Order (Appendix
"A") that corrective action must be completed within a specified time frame;
c) If the owner, tenant or occupant or person responsible for the property fails to
comply with the Order, by the specified date the municipality may take corrective
action to bring the property into compliance with the bylaw. The total expense
incurred to bring the property into a state of compliance with the by-law may be
recovered by action or by adding the costs of the repairs and other associated
costs to the tax roll and collecting the costs in the same manner as real property
taxes, pursuant to Section 446(3) of the Municipal Act, SO 2001, c. 25, as amended.
The municipality has the option to apply a reasonable administration fee to this
process should it be necessary;
d) An Order issued under section 7 b) shall be sent by registered mail to the address
as shown on the last tax assessment roll of the municipality or delivered personally
to the owner, tenant, occupant or person responsible for the property;
e) In the case of a health, safety or fire hazard, an officer may Order that the hazard
be removed forthwith without issuing a Notice under Section 7a);
f) In the event an officer is unable to serve a Notice and/or Order by registered mail
or personally the Notice and/or Order may be posted, in a conspicuous place on
the property, and by so placing the Notice and/or Order it shall be deemed to be
sufficient service of the Notice and/or Order on the property owner;
g) Where the owner, tenant or occupant fails to comply with an Order issued under
section 7 b) of this by-law, the Township in addition to all other remedies:
i) shall have the right to enter upon the lands to repair the lands and carry out
corrective action to achieve compliance with the bylaw, at the owner's
expense;
ii) shall not be liable to compensate such owner, tenant or occupant or any other
person having interest in the property by reason of anything done by or on
behalf of the Township under the provisions of this Section; and
By-Law 12-2024 Clean Yards Page 5 of 6
iii) where any materials or things are removed in accordance with this Section, the
materials or things may be immediately disposed of by the officer and any
recovered salvage value or other actual recovery of money made upon such
disposal shall be credited against costs; and
iv) where a vehicle has been removed, impounded, restrained or immobilized
according to Section 170(15) of the Highway Traffic Act, RSO 1990, as
amended, in violation of this by-law, all costs associated with the removal,
impoundment, restraining or immobilization will be the responsibility of the
registered owner of the vehicle.
8) Offences
a) Any person who contravenes any provision of this by-law is guilty of an offence,
and upon conviction is liable to the penalties as provided for in the Provincial
Offences Act, R. S. 0. 1990, c. P. 33 as amended;
b) A person who is convicted of an offence under this by-law is liable, for each day or
part of a day that the offence continues, to a minimum fine of $200.00 and a
maximum fine of $10,000.00 and the total of all of the daily fines for the offence is
not limited to $100,000.00 as provided for in subsection 429(3)2 of the Municipal
Act, 2001, S.0 2001, c.25, as amended.
9) Validity
a) Should a court of competent jurisdiction declare a part or whole of any provisions
of this by-law to be invalid or of no force and effect, the provision or part is
deemed severable from this by-law. It is the intention of Council that the
remainder survive and be applied and enforced in accordance with its terms to the
extent possible under the law so as to protect the public by ensuring a minimum
standard for maintenance of yards is maintained.
b) Where a provision of this by-law conflicts with the provisions of another bylaw, Act
or Regulation in force within the Township, the provisions that establish the higher
standards to protect the health and safety of persons shall prevail.
10) Enactment
This By-law shall come into full force and effect on the day of its passing.
READ a first and second time this 16th of May, 2024.
READ a third time and passed this 16th of May, 2024.
____________________________
__________________________
Rob Weir
Robin Emon
Mayor
Clerk
By-Law 12-2024 Clean Yards Page 6 of 6
SCHEDULE "A"
TOWNSHIP OF GREATER MADAWASKA
BY-LAW NUMBER 12-2024 - Clean Yards
Set fines for use under Part 1 of the Provincial Offences Act
ITEM
SHORT FORM WORDING
OFFENCE
SECTION
FINE
AMOUNT
1
Fail to comply with Order to comply dated; ___ /____ / ___
DD MMM YY
S. 7 b)
$ 200.00
*Note: Penalty provision for the offence indicated is Section 7 b) of By-law 12-2024, a certified
copy of which is attached.
Appendix "A"
Township of Greater Madawaska
Clean Yards By-law 12-2024
NOTICE
ORDER
NAME: _____ _______________________________ _______________
Owner / Occupant - Last Name First Name
ADDRESS: _____________________________________________ On.
Tel #: ____________________ ___ D.O.B:______/_______/________
DATE: _____________________ 20__ Time: __________ AM /PM
LOCATION ___________________________ __ _ Renfrew, On.
An inspection of the Location noted above on the date and the time
indicated revealed that certain violation(s) of the TOWNSHIP OF
GREATER MADAWASKA CLEAN YARDS BYLAW 12-2024 exists.
As the owner, tenant or occupier of the property you are required to
correct the violation(s) indicated below within the specified time period.
See Reverse for details concerning the violations indicated. For
information concerning this Notice contact By-law Enforcement
Services at: (613)281-3773 or e-mail: [email protected]
BY-LAW 12-2024 SECTION 4 GENERAL
STANDARDS
X
Fail to Maintain Property - Refuse / Debris
4 a)
Permit Overgrowth of Vegetation
4 b)
Fail to Maintain Adjacent Property
4 c)
Fail to Maintain Hedge -Shrubs - Tree(s)
4 d)
Littering
4 e)
Permit Pest Infestation
4 f)
Prohibited Storage
4 g)
Pool / Hot Tub / Pond - Not Maintained
4 h)
Permit Prohibited Water Discharge
4 i)
You are directed to bring the property into compliance with the by-law
by; _______/________________________ 20____ (Min.48 Hrs.)
REQUIRED ACTION: _____________________________________
_______________________________________________________
_______________________________________________________
_______________________________________________________
NOTE:
Failure to comply with an Order may result in a charge under the
by-law and upon conviction a fine of $200.00. Furthermore and in
addition, corrective action will be taken by the municipality and
the costs associated with correcting the violations will be
assigned to the property tax account.
Issued by: _______________________________________
Time: ___________ Date: _____/____________ / 20____
Notice Served; - Personal Service ______/_______ 20____
- Posted on Property ______/_______ 20____
- Registered Mail ______/_______ 20____
.
BY-LAW 12-2024
SECTION 4. GENERAL STANDARDS
a)
Every owner, tenant or occupant of property shall maintain
said property clean and free from refuse, debris and stored
or accumulated objects or material that are a nuisance or are
unsightly
b)
Every owner, tenant or occupant of property shall keep the
grass and vegetation on the property maintained so that its
height is maintained not to exceed a maximum of 15 cm (6
inches) but does not include edible crops and, to be free
from any overgrowth of plants deemed objectionable such
as, but not exclusive to the following: dandelions, ragweed,
thistles, burdocks, wild parsnip and/or any other plants that
may commonly be described as a nuisance plant. Any
noxious weeds must be controlled and or removed from the
property as required by the Provincial "Weed Control Act".
c)
Grass or improved surfaces adjacent to a private property,
within the road allowance, between the private property and
the road curb line or road edge of pavement referred to as
the inner or outer boulevard shall be maintained in a state of
good repair as set out in this by-law by the owner, tenant or
occupant of the private property, and kept in a clean, clear
and safe condition. Property located in the following zones,
as designated in the Comprehensive Zoning Bylaw as
amended, shall be exempt from the above provision:
Agricultural (A), Rural (R), Environmental Protection (EP),
Environmental Hazard (EH) unless developed, Open Space
(0S), Parks & Recreation (PR),Development lands (D) and
any exception zones to these zones.
d)
Every owner, tenant or occupant of property shall keep
hedges, shrubs and trees adjacent to a public property,
private property or roadways cut and trimmed so as not to
encroach onto the adjacent property. This shall include
removal of droppings from any hedge, shrub, tree or grass
clipping
e)
No person shall throw, place or deposit, or permit any
person to throw, place or deposit, any refuse or debris as
herein defined on any property within the Township of
Greater Madawaska without the written consent of the
property owner, and only then in accordance with this by-
law.
f)
Every owner, tenant or occupant shall keep their property
free and clear of infestations of injurious insects, termites,
rodents, vermin or attract other pests including wildlife but,
does not include attracting birds and bees.
g)
No owner, tenant or occupant of land shall use any land
for storing used or inoperative motor vehicles or vehicle
parts for the purpose of wrecking them or salvaging vehicle
parts thereof for sale or other disposal, including the
purposes of repairing other vehicles, unless the land is
permitted to be used for such purposes through the
Townships Comprehensive Zoning By-law and the owner or
occupant holds a current and valid license to permit motor
vehicle salvage.
h)
No owner, tenant or occupant of land shall keep a swimming
pool, hot tub, wading pool or artificial pond unless it is
maintained in good working condition.
i)
No owner or occupant shall permit water discharge from
roofs, land, sumps, buildings or pool drainage onto a
neighbouring property.
NOTE:
An Order issued under this by-law will remain in
effect six months from the date of issue, unless
rescinded in writing by a Property Standards
Officer. In addition, the subject property will be
monitored and remedial action will be taken,
without further Notice, any time the property is
not considered to meet the standard as set out in
this by-law.
OFFICERS NOTES
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