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The Corporation of the City of Guelph
By-law Number (2003) - 17192
A By-law to regulate Standing Water and to adopt Municipal Code Amendment
#304 amending the Corporation of the City of Guelph's Municipal Code.
Whereas pursuant to Section 130 of the Municipal Act, 2001, S.O. 2001, c.24 a
municipality may regulate matters for the purposes related to health, safety and
well being of the inhabitants of the municipality;
And whereas the Health Protection and Promotion Act, R.S. 0. 1990, c. H. 7
authorizes the Medical Officer of Health to act to prevent the spread of disease;
And whereas standing water provides a breeding environment for mosquitoes that
may carry the West Nile Virus and other mosquito borne diseases and thereby
endangers the health of the inhabitants of the City of Guelph through the spread of
disease;
And whereas pursuant to Section 427 of the Municipal Act, 2001, S.O. 2001, c.24 a
municipality may enact a by-law to require that a matter or thing be done and in
default, the matter or thing may be done by the municipality at the person's
expense and further that the costs of so doing may be added to the tax rolls and
collected in the same manner as taxes;
The Council of the Corporation of the City of Guelph enacts as
follows:
Definitions:
1. For the purpose of this By-law:
a) By-law Enforcement Officer- shall mean a person duly appointed by the City
to enforce this By-law;
b) Catch Basin - shall mean a structure which intercepts storm water runoff for
transmission to a sewer or other outlet and includes a sump in which
Standing Water can accumulate;
c) Debris - shall mean any material whatsoever capable of holding Standing
Water and without limiting the generality of the foregoing includes tires, cars,
boats, containers of any kind, garden fixtures and wading pools;
d) Depression - shall mean any natural or man made condition on a Property
that is capable of holding Standing Water;
e) Medical Officer of Health - refers to the Medical Officer of Health for
Wellington -Dufferin - Guelph or his or her designate;
f) Natural Body of Water- refers to a creek, stream, bog, marsh, river, pond or
lake created or maintained by the forces of nature and which contains water
and also includes man-made ponds;
g) Owner- means the Person(s) that appear on the last assessment roll of the
City of Guelph;
h) Person - includes a natural individual, corporation, partnership or association;
i) Property - means any land in private ownership in the City of Guelph including
yards and vacant lots;
j) Protected - means being equipped with a screen to prevent the entry of
mosquitoes;
k) Standing Water - means any water which is not continuously in movement by
natural or mechanical means that is found in a Catch Basin, Debris or
Depression as defined in this By-law but does not include a Natural Body of
Water or water contained within a City owned drain, Catch Basin or storm
water management facility;
l) City - means The Corporation of the City of Guelph.
General
2. No Person shall:
a) permit Standing Water on a Property to accumulate in any Debris unless
Protected or unless the water is replaced every 4 days;
b) permit Standing Water on a Property to accumulate in any Depression;
c) permit Standing Water on a Property to accumulate in a Catch Basin unless
the Catch Basin has been effectively treated with a larvicide;
d) permit a swimming pool, swimming pool cover, hot tub or artificial pond
located on a Property to contain Standing Water.
Natural Body of Water
3. Every Owner of a Property in the City upon which a Natural Body of Water exists
shall, when advised by the Medical Officer of Health that a health hazard exists in
all or part of the City, comply with any Order issued by the Medical Officer of Health
under the Health Protection and Promotion Act, R.S. 0. 1990, c. H 17 or any other
legislation, to remedy the situation within the time specified in the Order. Without
limiting the foregoing, such Order may include a direction to treat the Natural Body
of Water with larvicide.
Administration
4. When a By-law Enforcement Officer determines that a contravention of this By-
law exists, he or she may issue a Notice of Violation to the Owner of the Property
to remedy the contravention within a time specified in the Notice of Violation.
5. A Notice of Violation may be delivered to the Owner of the Property by hand or
first class mail to the address of the Owner shown on the last assessment roll. Such
service shall be deemed to be good and sufficient service of the Notice of Violation
on the Owner immediately at the time of hand -delivery or five days after the date
on which it is mailed.
6. Whenever any work is required to be done in accordance with this By-law
pursuant to a Notice of Violation, in default of the work being done by the Person
directed to do it within the time prescribed in the Notice of Violation, such work
may be done by the City or its agents at the expense of the Person and all
expenses incurred by the City from such remedial work may be added to the tax
roll for the Property and collected in the same manner as taxes.
7. Any Person who fails to comply with a Notice of Violation issued under this By-
law is guilty of an offence and upon conviction is liable to a fine pursuant to Section
61 of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended.
8. This By-law shall be known as the "Standing Water By-law".
9. This By-law in hereby adopted as Municipal Code Amendment #304 amending
the Corporation of the City of Guelph's Municipal Code.
Passed this fourteenth day of July, 2003.
Original signed by:
Karen Farbridge - Mayor
Lois A. Giles - City Clerk