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1
The Corporation of the Township of
Guelph/Eramosa
By-law Number 26/2020
(Consolidated Version Enacted as 026-2020)
Last consolidated on March 7, 2022. The Township of
Guelph-Eramosa by-laws are provided on line for
convenient public reference. By-laws are consolidated on
an ongoing basis, but recent amendments may not be
reflected in the latest consolidated version. Check the
Amendment History to get a complete listing of all
pertinent regulations. For further information contact the
Township's Clerk office.
Being a By-law Respecting the Cleaning up of
Yards and Property Maintenance in the
Township of Guelph/Eramosa
WHEREAS Sections 11(2) clauses 5 & 6, 127, 128 and 131 of 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
AND WHEREAS Council may pass by-laws under the following provisions of the
Municipal Act, as amended;
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 and for regulating when and how such matters shall be done, for
prohibiting the disposal of refuse or debris on land without the consent of the owner or
occupant of land and for defining "refuse"; and
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
permits a municipality to pass by-laws prohibiting and regulating with respect to public
nuisances, including matters that, in the opinion of Council, are or could become or cause
public nuisances;
AND WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
to pass by-laws providing that any person who contravenes any by-law of the municipality
is guilty of an offence;
AND WHEREAS Section 436 of the Act permits a municipality to pass By-laws providing
that the municipality may enter on land at any reasonable time for the purpose of carrying
out an inspection to determine whether or not a By-law passed under the Act, or a
direction or order made under such a by-law are being complied with;
AND WHEREAS Subsection 444(1) of the Act permits a municipality, if satisfied that a
contravention of a By-law of the municipality passed under the Act, has occurred, to
make an Order requiring the person who contravened the By-law or who caused or
permitted the contravention, or the Owner or occupier of the land on which the
contravention occurred, to discontinue the contravening activity;
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;
2
NOW THEREFORE, the Council of the Corporation of the Township of Guelph-Eramosa
enacts as follows:
1 SHORT TITLE
1.1
This By-law may be cited as the "Clean Yards By-law"
2 SCOPE AND INTERPRETATION
2.1
The standards for maintenance of property set forth in this By-law are hereby
prescribed and adopted as the minimum requirements for all property within
the Township for the purposes of enhancing the quality of communities
and/or neighbourhoods, to protect the health, safety and well-being of the
public, and to ensure the continued enjoyment of property for residents and
owners of the Township.
2.2
This By-law does not apply so as to prevent a farm, meeting the definition of
"agricultural operation" under the Farming and Food Production Protection
Act, 1998, S.O. 1998, c.1, from carrying out a normal farm practice as
provided for and defined under that Act.
3 WORD USAGE
3.1
The words used in the present tense include the future, words in the
masculine gender include the feminine and neuter; the singular number
includes the plural, and the plural includes the singular.
4 CONFLICT
4.1
Where the provisions of this By-law conflict with the provision of any other
By-law in force in the Township the provision that establishes the higher
standard to protect the health, safety and welfare of the general public shall
prevail.
4.2
Where the provisions of this By-law conflict with any Act, the provisions of
the provincial standard shall prevail.
4.3
In the case of a conflict between this By-law and the permitted uses of the
Township's Zoning By-laws and/or respective site plan agreements, the
provisions that establish the highest standards to protect the health and
safety of the public shall apply.
5 DEFINITIONS
"Backyard Compost" means a collection of humus material such as kitchen and
table waste, grass clippings, plant trimmings, weeds or other leaves;
"By-law" means Clean Yards By-law.
"Costs" means all monetary expenses incurred by the Township during and
throughout the process of any remedial work, including interest and may include
an administrative surcharge amount as determined by the Township Fees and
Charges By-law.
"Council" means the Council of the Township of Guelph/Eramosa.
"Derelict" shall mean any vehicle, machinery, trailer, boat, or vessel;
(a)
which has broken or missing parts of such sufficiency so as to render it
incapable of being licensed to operate where such licensing as
necessary in its current condition but shall not include a motor vehicle
actively being repaired or restored by the owner or;
(b)
which is in a wrecked dismantled discarded inoperative or abandoned
condition.
3
"Derelict vehicle" means a motor vehicle as defined in the Highway Traffic Act that is;
(a)
inoperative by reason of removed wheels battery motor transmission or
other parts or equipment necessary for its operation;
(b)
not in a roadworthy condition;
(c)
in a state of disrepair or unsightly by reason of missing doors glass or
body parts; or
(d)
inoperable and appears incapable of use as a means of lawful
transportation or has an industry standard book value as a means of
transportation that is less than the cost of repairs required to put it into a
lawful operable condition unless otherwise demonstrated by an
authorized licensed mechanic but does not include an antique or historic
motor vehicle which is actively being restored as a collectors or historic
vehicle.
"Domestic Waste" means any debris, rubbish, garbage, article, matter or effluent
usually belonging to or associated with a residence, household or dwelling unit and
includes but is not limited to the following examples:
(a)
Accumulation or deposits of grass clippings, weeds, brush, tree and
garden cuttings;
(b)
Litter, food remains, rubbish, and trash, excluding properly kept and
maintained Backyard Compost piles;
(c)
Paper, cartons, cardboard, clothing;
(d)
Cans, glass, plastic containers, dishes or crockery;
(e)
Rubble, including concrete, bricks, asphalt, patio or sidewalk slabs;
(f)
Human and animal waste.
"Exterior Property Areas" means a property, exclusive of a building and an
accessory building;
"Graffiti" shall mean one or more letters, symbols, marks, etchings, pictorial
representations, messages or slogans, howsoever made, that disfigures or defaces
a structure or thing, but does not include any of the following:
(a)
a sign, public notice, or traffic control mark authorized by the Township;
(b)
a sign, public notice or traffic control mark authorized by Regional,
Provincial or Federal law;
(c)
Art murals.
"Ground cover" means organic or non-organic material applied to prevent the
erosion of the soil e.g. concrete, flagstone, gravel, asphalt, grass or other forms of
landscaping;
"Historic vehicle" means a motor vehicle that is;
(a)
At least 30 years old; and
(b)
Substantially unchanged or unmodified from the original manufacturers
product; and
(c)
Appropriately insured for storage or use on the highway. Proof of such
insurance shall be made availiable to the officer upon request.
"Industrial Waste" means any debris, rubbish, garbage, article, matter or effluent
belonging to or associated with industry or commerce or concerning or relating to
manufacturing or concerning or relating to any trade, business, calling or occupation
and includes but is not limited to the following examples:
(a)
Articles, things, matter or effluent which in whole or in part or fragments
thereof, are derived from or are constituted from or consist of,
agricultural, animal, vegetable, paper, lumber, or wood products, or
mineral, metal or chemical products;
(b)
Containers of any size, type or composition;
(c)
Material resulting from, or as part of, construction or demolition projects;
(d)
Paper, cardboard, packaging or wrapping;
(e)
Rubble, inert fill;
(f)
Bones, feather, hides.
4
"Infestation" means the overrunning of a property by vermin, rodents and insects.
"Naturalized area" means a portion of a lot or yard containing vegetative growth
which may or may not have been previously maintained by the owner, which has
been allowed to, or has been deliberately implemented to, re-establish a
reproducing population of native species, through natural regeneration and/or
deliberate plantings of species or other species to emulate a natural area other than
regularly mown grass. [Added by Section 1 of By-law 68-2020 on December 07,
2020.]
"Noxious Weed" means, as defined in the Weed Control Act, R.S.O. 1990, c. W. 5,
as amended, a plant that is deemed to be a Noxious Weed under subsection 10 (1)
or designated as a Noxious Weed under section 24 (a) of that Act, as amended;
"Officer" shall mean a Municipal Law Enforcement Officer, a Police Officer, or any
other person appointed by By-law to enforce the provisions of this By-law;
"Owner" shall mean:
(a)
the person for the time being managing or receiving the rent of the land
or premises in connection with which the word is used, whether on the
person's own account or as agent or trustee of any other person, or who
would receive the rent if the land and premises were let; and
(b)
a lessee or occupant or tenant of the property who, under the terms of
a lease, is required to repair and maintain the property in accordance
with the standards for the maintenance and occupancy of property;
"Person" includes an individual, sole proprietorship, partnership, limited
partnership, trust, corporation, and an individual in his or her capacity as a trustee,
executor, administrator, or other legal representatives;
"Property" means a building or accessory building, or part of a building or accessory
building, and includes the lands and premises appurtenant thereto and all mobile
structures, mobile buildings, mobile homes, outbuildings, fences, retaining walls,
and erections thereon, whether heretofore or hereafter erected and includes Vacant
Land;
"Remedial work" means all work necessary for the correction or elimination of a
contravention of this By-law as cited in any order issued under this By-law,
including any such condition or health hazard, actual or potential, that the
contravention may pose.
"Standing Water" means any body of stagnant water, other than a natural body of
water that exists on a permanent basis or is contained within a Township owned
stormwater management facility. This does not include standing water that is part of
a swimming pool, hot tub, wading pool or artificial pond that is maintained in good
repair;
"Township" means the Corporation of the Township of Guelph-Eramosa or the land
within the geographic limits of the Corporation of the Township of Guelph-Eramosa
as the context requires;
"Unsafe Condition" means any condition that poses or constitutes an undue or
unreasonable hazard or risk to life, limb or health of any person on or about the
Property;
"Waste" means any waste including Domestic Waste, Industrial Waste, derelict
machinery, derelict vehicles including vehicles not licensed for the current year;
"Weed(s)" means a noxious weed designated by or under the Weed Control Act,
R.S.O. 1990, c. W.5, including any weed designated as a local or noxious weed
under a By-law.
"Zoning By-law" means a By-law passed by Township Council under the authority
of the Planning Act;
5
2 EXTERIOR PROPERTY AREAS - MAINTENANCE
6.1
Every owner shall ensure all exterior property areas are kept in a neat and
tidy condition, and free from:
(a)
Waste;
(b)
Injurious insects, termites, rodents, vermin and other pests
and any condition that may promote an infestation;
(c)
Noxious Weeds, and growth of other weeds, grass, and
Ground Cover in excess of 20.32 centimetres (8 inches);
(d)
Unsightly and unreasonably overgrown, in relation to their
environment, Ground Cover, hedges and bushes;
(e)
Dead, decayed, or damaged trees, or other natural growth
and the branches and limbs thereof which create an Unsafe
Condition;
(f)
Standing Water;
(g)
Animal excrement;
(h)
Deep ruts and holes.
6.2
Every owner shall ensure a suitable Ground Cover is provided to prevent
erosion of the soil. Where grass forms a part of the Ground Cover and has
been killed, such dead areas shall be re-sodded as often as required so as
to restore the grass to a living condition. [Amended by subsection 1(a) of By-
law 30-2020 on June 1, 2020.]
6.3
Every owner shall ensure hedges, plantings, trees or other landscaping,
required by the Township as a condition of site development, or
redevelopment shall be maintained in a living condition or shall be
replaced with equivalent landscaping, so as to carry out its intended
function and maintain an attractive appearance.
6.4
Every owner shall ensure landscaping and general maintenance of the
exterior property areas shall not detract from the landscaping and the
general maintenance of the neighbourhood of which they are a part.
6.5
Every owner shall ensure an abandoned or unused well, septic tank or a
hole on a Property is safely filled in, covered and protected. [Amended by
subsection 1(b) of By-law 30-2020 on June 1, 2020.]
6.6
Every owner shall ensure all roofs and components of a roof on buildings
shall be maintained so as to prevent any snow and/or ice accumulation
where there is a risk of injury to any person.
6.7
Every owner shall ensure Vacant Land is graded, filled or otherwise drained
so as to prevent recurrent ponding.
6.8
Every owner of land shall ensure ice-box, refrigerator, freezer or other
container is not placed in an exterior property area for disposal without first
removing all locks and doors or taking some other adequate precautionary
measure to prevent a person from being trapped in an ice-box, refrigerator,
freezer or other container.
6.9
Sections 6.1(c) and 6.1(g) do not apply to a property that is zoned
Agricultural under the Township's Zoning By-law where the predominant
use is for agricultural purposes.
6.10
Every owner shall ensure that the cutting of vegetation other than trees or
shrubbery in a naturalized area on a residentially used parcel abutting
another residential parcel or a roadway, is maintained below 20.32
centimetres (8 inches) along a minimum one-meter wide strip immediately
adjacent to the lot lines and along all boundaries of the whole yard, lot or
parcel of land which strip is herein called a "buffer strip; [Added by Section 3
of By-law 68-2020 on December 7, 2020.]
6.11
Every owner shall ensure that the cutting of vegetation other than trees or
shrubbery in a naturalized area other than an area described by Section
6.10 above, is maintained to a height below 20.32 centimetres (8 inches),
6
along a minimum ten-meter wide strip immediately adjacent to the lot line
where the lot line adjoins a roadway or an occupied property, which strip is
herein called a "perimeter strip". [Added by Section 3 of By-law 68-2020 on
December 7, 2020.]
7 COMPOSTING
7.1
Every owner shall ensure all Backyard Compost:
(a)
Is maintained in a Composter or an open Backyard Compost pile that is
not larger than 2.0 metres (21.5 square feet) in area and 1.0 metre (39
inches) in height
(b)
Is set back a minimum of 0.6 meters (2 feet) from any lot line
(c)
Does not consist of any animal matter (meat, dairy, feces, bones, or
animal fats)
(d)
Is kept free of pests, such as rodents, vermin, termites and injurious
insects and any condition that may promote an Infestation.
8 GRAFFITI
8.1
No person shall place, or cause or permit to be placed graffiti on property.
8.2
The owner of a property shall keep the property free of graffiti.
9 FIREWOOD
9.1
No owner shall keep firewood on the property unless actually used for wood
burning on the property.
9.2
Firewood
shall
be
kept
stored
in
neat
and
orderly
piles.
10 INSPECTION
10.1
For the purpose of ensuring compliance with this By-law, an Officer may, at
all reasonable times, enter upon and inspect any land to determine whether
or not the following are being complied with:
(a)
this By-law;
(b)
a direction or order made under this By-law; or
(c)
a prohibition order made under s. 431 of the Municipal Act, 2001.
10.2
An officer may undertake an inspection pursuant to an order issued by a
provincial judge or justice of the peace under section 438 of the Municipal
Act, 2001 where he or she has been prevented or is likely to be prevented
from carrying out an inspection under section 10.1.
11 ORDER TO DISCONTINUE ACTIVITY
11.1
When any property is not maintained to the requirements of this By-law,
the Officer may notify the owner or other person responsible for the
maintenance of the property, by issuing an Order directing the owner to
comply with the provisions of this By-law within a defined period of time, but
not less than seventy-two (72) hours. Every person shall comply with such
an order. [Amended by subsection 1(c) of By-law 30-2020 on June 1, 2020.]
11.2
Said Service of any document, including an order, under this By-law may be
given in writing in any of the following ways and is effective:
(a) when a copy is delivered to the Person to whom it is addressed;
(b) on the 5th day after a copy is sent by regular or registered mail to the
Person's last known address;
(c) by email to the last known email address of the person to whom service
is required to be made;
(d) by placing a placard containing the terms of the document or order in a
conspicuous place on the property to which the document or order
relates and shall be deemed to be sufficient service on the Owner.
[Amended by subsection 1 of By-law 11-2022 on March 7, 2022.]
7
12 WORK ORDER
12.1
Where an Order has been sent pursuant to Section 11 and the requirements
of the Order have not been complied with, the Township may direct that
Remedial Work be done at the expense of the Owner.
13 WORK DONE BY THE TOWNSHIP
13.1
The Township may recover its Costs of remedying a violation of this By-
law by invoicing the owner, by initiating court proceedings or by adding the
costs, including interest, to the tax roll in the same manner as municipal
taxes in accordance with section 446 of the Municipal Act, 2001 and the
exercise of any one remedy shall not preclude the exercise of any other
available remedy.
13.2
The Township may charge a fee for inspection and administration services
pursuant
to
the
Township's
Fees
and
Charges
By-law.
14 ENFORCEMENT AND PENALTY PROVISIONS
14.1
The enforcement of this By-law shall be conducted by an Officer.
14.2
An Officer may enter on land at any reasonable time for the purposes of
carrying out an inspection to determine whether or not the By-law is
complied with.
14.3
Every person who contravenes any provision of this By-law or every
director or officer of a corporation, who knowingly concurs in the
contravention by a corporation is guilty of an offence and upon conviction
is liable to:
(a)
on a first offence, to a fine, not more than $1,000.00; and
(b)
on a second offence and each subsequent offence, to a fine of not
more than $5,000.00
14.4
Every person who contravenes any provision of this bylaw is guilty of an
offence and upon conviction shall be subject to a fine as provided for in
the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. [Amended
by subsection 1(d) of By-law 30-2020 on June 1, 2020.]
14.5
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
Officer exercising a power or performing a duty under this By-law.
14.6
Every person who is alleged to have contravened any of the provisions of
this By-law shall identify themselves to an officer upon request, failure to
do so shall be deemed to have hindered or obstructed an officer in the
execution of his or her duties.
14.7
Upon conviction, any penalty imposed under this By-law may be collected
under the authority of the Provincial Offences Act, R.S.O. 1990, c. P. 33,
as amended.
14.8
If a person is convicted of an offence under this By-law, the court in which
the conviction has been entered and any court of competent jurisdiction
may, in addition to any other remedy and to any penalty imposed, make
an order prohibiting the continuation or repetition of the offence by the
person convicted.
15 SCHEDULES
15.1
Schedule "A" (Short Form Wording and Set Fines) attached hereto does
not form part of this By-law.
8
16 SEVERABILITY
16.1
Notwithstanding any section, subsections, clause, paragraph or provision
of this By-law, or parts thereof may be declared by a court of competent
jurisdiction to be invalid, unenforceable, illegal or beyond the powers of
Council to enact, such section or sections or parts thereof shall be
deemed to be severable and that all other sections or parts of this By-law
are separate and independent therefrom and enacted as such as a whole.
The same shall not affect the validity or enforceability of any other
provisions of this By-law or of the By-law as a whole.
17 ENACTMENT
17.1
This By-law shall come into full force and effect on the day it is passed.
READ three times and finally passed
this 19th day of May, 2020.
Chris White, Mayor
Amanda Knight, Clerk
9
SCHEDULE 'A' TO BY-LAW NO. 26/2020 (AS AMENDED)
THE TOWNSHIP OF GUELPH/ERAMOSA
PART 1 PROVINCIAL OFFENCES ACT BY-LAW 26/2020: CLEAN YARDS
BEING a by-law respecting cleaning up of yards and property maintenance.
ITEM
SHORT FORM WORDING
PROVISION
CREATING OR
DEFINING
OFFENCE
SET FINE
1
Fail to keep property in a neat and tidy condition
Section 6.1
$150.00
2
Fail to keep property free of waste
Section 6.1(a)
$150.00
3
Fail to keep property free from injurious insects,
termites, rodents, vermin and other pests
Section 6.1(b)
$150.00
4
Fail to keep property free from a condition that
may promote an infestation
Section 6.1(b)
$150.00
5
Fail to keep property free from noxious weeds
Section 6.1(c)
$150.00
6
Fail to keep property free from excessive long grass
Section 6.1(c)
$150.00
7
Fail to maintain ground cover, hedges and bushes
Section 6.1(d)
$150.00
8
Fail to keep property free from dead, decayed
or damaged trees or other natural growth
Section 6.1(e)
$150.00
9
Fail to keep property free from Standing Water
Section 6.1(f)
$150.00
10
Fail to keep property free from Animal excrement
Section 6.1(g)
$150.00
11
Fail to provide suitable Ground Cover
Section 6.2
$150.00
12
Fail to provide adequate cover for abandoned
or unused wells, septic tanks or a hole
Section 6.5
$150.00
13
Fail to remove all doors and locks from ice-box,
refrigerators, freezer or other containers placed for
disposal
Section 6.8
$150.00
14
Place, cause or permit the placement of graffiti
on property
Section 8.1
$150.00
15
Fail to keep property free of graffiti
Section 8.1
$150.00
16
Obstruct, hinder or otherwise interfere with an Officer
Section 14.5
$500.00
17
Fail to comply with an Order
Section 11.1
$400.00
"NOTE: The general penalty provision for the offences indicated above is Section 14.4
of By-law no. 26-2020 as amended, a certified copy of which has been filed".
10
AMENDMENT HISTORY
CLEAN YARDS BY-LAW
DATE
(YYYY/MM/DD)
BY-LAW
AUTHORITY
CONSOLIDATED
2020 / 06 / 01
30-2020
Item 12.1, Report 20-03, Regular
Meeting of Council
✔
2020 / 12 / 07
68-2020
Item 8.3, Report 20-05, Regular
Meeting of Council
✔
2022 / 03 / 07
11-2022
Item 9.1, Report 22-03, Regular
Meeting of Council