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THE CORPORATION OF THE TOWN OF HAWKESBURY
BY-LAWN° 33-2024
Being a by-law requiring properties to be
maintained and kept clear of waste (Clean Yard)
WHEREAS as per the Municipal Act S.O 2001, section 9 provides that a municipality
has 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 subsection 11 (2) of the Municipal Act, 2001, provides, inter alia, that a
municipality may pass by-laws respecting the environmental well-being of the
municipally, the health, safety and well-being of persons and the protection of persons
and property;
AND WHEREAS section 127 of the Municipal Act, 2001 provides that a local
municipality may require the owner or occupant of land to clean and clear land, not
including buildings, or to clear refuse or debris from the land, not including buildings;
regulate when and how cleaning and clearing is to be done; and prohibit the depositing
of refuse or debris without the consent of the owner or occupant of land;
AND WHEREAS section 128 of the Municipal Act, 2001 provides that a municipality
may prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of Council, are or could become or cause public nuisances;
AND WHEREAS section 131 of the Municipal Act, 2001 provides that a local
municipality may prohibit and regulate the use of any land for the storage of used motor
vehicles for the purpose of wrecking or dismantling them or salvaging parts from them
for sale or other disposition;
AND WHEREAS Sections 23.2, 23.3 and 23.5 of the Municipal Act, 2001 provides that
a municipality may delegate its administrative and hearing powers;
AND WHEREAS Section 391 of the Municipal Act, 2001 authorizes a municipality to
impose fees or charges on persons for services or activities provided or done by or on
behalf of it;
AND WHEREAS Section 434.1 (1) of the Municipal Act, 2001, provides that a
municipality may require a person, subject to such conditions as the municipality
considers appropriate, to pay an administrative penalty if the municipality is satisfied
that the person has failed to comply with a by-law passed under the Municipal Act,
2001;
By-law N° 33-2024
Page 2 of 8
AND WHEREAS the Council for the Town of Hawkesbury considers it desirable and
necessary to provide for a system of Administrative Penalties and Administrative Fees
for its designated by-laws, or portions of its designated by-laws;
AND WHEREAS the Council does believe the proliferation of temporary storage
structures made of plastic and metal or similar materials to be a detriment to the
streetscapes and a visual nuisance, and;
AND WHEREAS due the functional nature of these structures, the Council of the
Corporation of the Town of Hawkesbury does believe a level of control should be placed
on the installation of these structures in order to achieve a balance between function
and the impact on the visual nature of the municipality.
AND WHEREAS the Municipal Council of the Town of Hawkesbury deems it
necessary to update By-law N° 14-2007, as amended and adopted on March 26, 2007.
NOW THEREFORE the Municipal Council of the Corporation of the Town of
Hawkesbury enacts as follows:
DEFINITIONS
1.
For the purpose of this By-law;
a) Accessory item shall mean items such as fence(s), swimming pools, spa(s), hot
tub(s), gazebos, shed(s) or any type of motorized vehicle(s).
b) By-law Enforcement Officer shall mean a Municipal By-law Enforcement
Officer or other person appointed by or under the authority of a Town by-law and
a police officer employed by the Ontario Provincial Police (OPP).
c) Commercial zone shall mean properties that are zoned commercial as per the
Zoning By-law N° 20-2018 as amended by the Corporation of the Town of
Hawkesbury.
d) Construction material(s) shall mean any types of wood, gypsum, metal, tools,
roofing material(s), nails, screws, bricks, tiles, cement, asphalt, siding, paint,
gravel sand, or any other related material(s).
e) Dwelling unit shall mean a room or room in which a kitchen, living quarters and
sanitary conveniences are provided for exclusive use of the residents and with a
private entrance from the outside of the building or from a common hallway or
stairway inside.
By-law N° 33-2024
Page 3 of 8
f) Graffiti shall mean writing, drawing, or symbols applied to any surface, and
includes scribbles, scratches and/or sprayed illicitly on a wall or other surface.
Graffiti ranges from simple written words to elaborate wall paintings.
g) House extension shall mean any balcony, porch, deck, landing or car port.
h) Industrial zone shall mean properties that are zoned industrial as per the Zoning
By-law N° 20-2018 as amended of the Corporation of the Town of Hawkesbury.
i)
Infestation shall mean the overrunning of a property by vermin, any type of
rodents, insects or vegetation.
j)
Person shall mean an individual human being, a corporation, firm, partnership,
unincorporated association or organization, their heirs, executors, assigns,
administrators, agents, trustees or other legal
representatives of a person with or without share capital, any association, firm,
partnership or private club of a person to whom context can apply accordingly.
k) Property shall mean any and all land privately owned including yards, vacant or
built lots and any part of a lot which is not beneath a building.
I)
Residential Zone shall mean properties that are zoned residential as per the
Zoning By-law N° 20-2018 as amended of the Corporation of the Town of
Hawkesbury.
m) Town shall mean the Corporation of the Town of Hawkesbury.
n) Waste shall include refuse, garbage or debris of any kind whatsoever and
without limiting the generality of the foregoing includes rubbish, wrecked,
dismantled, inoperative or unused vehicle(s), machinery, boat(s), aircraft(s) or
mechanical equipment or any part thereof or any vehicle that do not have a
current validated permit or valid number plate displayed thereon as required
under the Highway Traffic Act, 1990, or any boat that does not have the license
required under the Small Vessel Regulations, furnaces, water and fuel tanks,
furniture, refrigerators, freezers, stoves and other appliances whether operative
or inoperative, glassware, plastic, cans, paper, cardboard, garden refuse, kitchen
table waste, animal faeces, grass clippings, leaves, trees, tree branches, earth or
rock fill, snow, material from construction or demolition projects, clothing and
bedding.
o) Yard, exterior side shall mean a side yard immediately adjacent to a public
street.
Yard, front shall mean the space extending across the full width of a lot between
By-law N° 33-2024
Page 4 of 8
the front lot line and the nearest part of any main wall of any building or structure
on the lot.
p) Yard, rear shall mean the space extending across the full width of a lot between
the rear lot line and the nearest part of any rear wall of any main building or
structure on the lot. In the case of a lot with no rear lot line, the rear yard shall be
the area between the point where the side lot lines meet and the nearest part of
any rear wall of any main building or structure and the lot and extending the full
width of the lot.
q) Yard, side shall mean the space extending from the front yard to the rear yard
and from the side lot line to the nearest part of any side wall of any building or
structure on the lot. In the case of a lot which has no rear lot line, the side yard
shall extend from the front yard to the opposite side yard.
r) Temporary use shall mean a use established for a fixed period of time by By-law
under Section 38 of the Planning Act, R.S.O., 1990, as amended, with the intent
to discontinue such use upon the expiration of the time period.
s) Structure shall mean anything constructed or erected, either permanent or
temporary, the use of which requires location on the ground or attachment to
something having location on the ground.
t) Temporary storage structure shall mean any manufactured structure kit
fabricated of plastic and metal or treated fabric and metal or any structure that is
erected for the purpose of providing a tarp type roof cover and, or including side
wall panels over goods, materials, motor vehicles or leisure vehicles.
GENERAL PROVISIONS
1. When any property is not maintained pursuant to the requirements of the present
By-law, the By-law Enforcement Officer shall send a notice to remedy violation by
registered mail or personal service to the owner at their last known address
shown on the last revised assessment roll, or to the last known address, requiring
them to make the property conform to the requirements of this By-law, and the
notice shall specify the time allowed for compliance. Said notice shall clearly
indicate that no further notices to remedy violation will be sent for the same
offence, and that a penalty notice will be issued thereafter, pursuant to section
3.0 of By-law N° 8-2024 (Administrative Monetary Penalty System), or the work
will be done at the owner's expense.
2. Every Notice to remedy violation sent by an officer shall identify the land or
structure which is the subject of the Notice to remedy violation.
By-law N° 33-2024
Page 5 of 8
3. A By-law Enforcement Officer may, at all reasonable times and upon producing
proper identification, enter upon any property for the purpose of inspecting the
property to determine if the property conforms to the standards prescribed in the
present by-law, and may be accompanied by such other persons as they deem
necessary to properly carry out their duties under this By-law.
4. The Town and any officer shall be entitled to remove any items to remedy or
rectify any contravention of this By-law and any such items that are removed in
accordance with this section may be disposed of immediately in the sole and
absolute discretion of the Town, and any officer, which decision shall be final.
5. No person shall store, keep, dump, throw or blow away any waste on any
property either belonging to this person, on another person's property or any
property belonging to the Town or cause such waste to remain thereon.
6. No person shall cause or allow any snow to be dumped, thrown, placed, pushed
or deposited onto any property within the Town without prior written authorization
from the owner or occupant.
7. No person shall place out on the roadway for disposal any refrigerators, freezers
or similar appliances or containers without having first removed all doors and all
locks therefrom or taking such other adequate precautionary measures to
prevent any person from being trapped in such refrigerators, freezers or similar
appliances or containers.
8. Refrigerators or freezers in working order, secured with an external locking
device, and locked at all times, except when actually being used and supervised,
are authorized in the side yards and back yards. No person shall keep such
refrigerators or freezers in the front yard or the exterior side yard.
9. No person shall fail to ensure their hedges, bushes and vegetation other than
weeds and turf grass, are trimmed on a regular basis within any Residential,
Commercial and Industrial Zones. No person shall fail to trim or cut weeds or turf
grass on his or her land, whether dead or alive, that are more than 20 cm (7.8
inches) in height.
10. No person shall fail to keep all yards clean and free from any dead, decayed,
diseased, or damaged trees, bushes, leaves or hedges and branches or limbs
thereof which are susceptible of creating an unsafe or unsightly condition, a fire
or accident hazard, or of causing damages to the property or neighboring
properties, house extensions, or accessory items.
11. No person shall fail to keep clean and maintain water in a swimming pool, hot
tub, wading pool, or artificial pond. Furthermore, no person shall maintain water
By-law N° 33-2024
Page 6 of 8
in such a condition that it is unhealthy, unsanitary, stagnant, malodorous or
becomes a breeding place for insects.
12. No person shall fail to ensure that their land is free and clear of any type of
infestation;
13. No person shall fail to keep clean, and the grass maintained on a regular basis of
all built or vacant and non-forested properties in Residential Zones of less than
929 m2 (10 000 sq.f.) including the grass and weeds on the highway abutting the
owner's property, wherever such highway is reasonably accessible for
maintenance.
14. No person shall fail to keep clean, and the grass maintained on a regular basis
on a depth of 30 m (100 feet) from the lot line of all built or vacant and non
forested properties of more than 929 m2 (10 000 sq.f.) abutting a residential
dwelling.
15. No person shall fail to grade and to cover with grass any property in a Residential
Zone to prevent erosion, sedimentation and soil absorption.
16. No person shall keep or store on any property any used motor vehicle(s) for the
purpose of wrecking or dismantling them or salvaging parts from them for sale or
other disposition.
17. No person shall fail to keep his/her property free of holes or excavations which
may create health or accident hazards, in accordance with property standards by-
law.
18. No person shall fail to eliminate noxious plants, as defined by the Weed Control
Act, R.S.O. 1990, c.W 5, such as ragweed, poison oak and poison ivy from any
property.
19. Nothing in this by-law shall be deemed to interfere with the filling or raising of
properties with earth or rock fill done while building operations in process or the
disposal of waste on any lands which have been designated for that purpose by
by-law of the Town.
20. A balcony, porch, deck or landing shall be maintained free from accumulation of
refuse, debris or rubbish and any conditions that might create a health, fire or
accident hazard.
21. No person shall place, cause, or permit graffiti to be placed on any property within
the Town. Every owner shall always maintain property free of graffiti.
By-law N° 33-2024
Page 7 of 8
22. Notwithstanding any other provision in the Zoning By-law N° 20-2018, temporary
vehicle enclosures, commonly known as 'Tempos', may be permitted in
accordance with the following special provisions:
22.1. The installation does not take place before October 15 of the current year
and the removal is completed by April 15 of the following year.
22.2. When located in a front or exterior side yard, the temporary car enclosure
is a minimum of 1 m from the front or exterior side lot line, provided that the
temporary car enclosure does not create a visibility issue that leads to
safety concerns.
22.3. When located in an interior side yard, the temporary car enclosure is a
minimum of 0.3m from the interior side lot line.
ENFORCEMENT
23. No person shall interfere, obstruct or hinder in any way the By-law Enforcement
Officers in the enforcement of the provisions of the present by-law.
24. The provisions of this By-law shall be enforced by a By-law Enforcement Officer,
or other individual duly appointed for the purpose of enforcing this By-law.
OFFENCES AND PENAL TIES
25. Any person who contravenes any provision of this By-law shall be liable to pay
the Town an Administrative Monetary Penalty, upon issuance of a penalty notice
in accordance with the Town of Hawkesbury's Administrative Monetary Penalties
System (AMPS) By-law, as may be amended from time to time.
26. Each day of contravention to the present by-law is a distinct offence.
27. Where notice has been sent by the By-law Enforcement Officer pursuant to
Section 1 of this by-law and the requirements of the notice have not been
complied with, the By-law Enforcement Officer may cause the work to be done
and the Town may recover such expense plus an administration fee of 15% by
action or in a like manner as municipal taxes. The waste that is removed in
accordance with the present section shall be immediately disposed of by the By-
law Enforcement Officer.
28. In addition to the imposition of a fine, penalty or other remedy, a court of
competent jurisdiction may, upon conviction of an offence under the by-law, issue
an order prohibiting the continuation or repetition of the violation by the person
By-law N° 33-2024
Page 8 of 8
convicted and order the remedy of the derogatory situation.
SEVERABILITY
29. If any provision or part of this By-law is declared by any court or tribunal of
competent jurisdiction to be illegal, inoperative, or ultra vires, in whole or in part,
or inoperative in particular circumstances, the balance of the By-law, or its
application in other circumstances, shall not be affected and shall continue to be
in full force and effect.
SHORT TITLE
30. This By-law shall be cited as the Clean Yards By-Law.
ENACTMENT
31. That By-law N° 14-2007 and all amending by-laws are hereby repealed.
32. That Schedule "A-5" be added to be part of Schedule A "Designated by-laws" of
By-law N° 8-2024 Administrative Monetary Penalty System.
EFFECTIVE DATE
33. That this by-law shall come into force on the date of its passing.
READ FIRST, SECOND AND ADOPTED UPON THIRD READING THIS 13th DAY OF
MAY 2024.
Item#
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Schedule "A-4"
By-law N° 33-2024
Being a by-law requiring properties to be
maintained and kept clear of waste (Clean Yard)
Clean Yard
BY-LAWN° 33 -2024
Store, keep, dump, throw or blow waste on any
Sec. 5
property.
Cause or allow any snow to be dumped, thrown,
Sec. 6
placed, pushed or deposited onto any property
without prior written authorization.
Place for disposal refrigerators, freezers or similar
Sec. 7
appliances or containers without having removed all
doors and all locks or taking other measures.
Fail to keep locked at all times refrigerators or
Sec. 8
freezers kept outside
Keeping outside in the front yard or the exterior side
Sec. 8
yard a refrigerator of freezer
Fail to maintain on a regular basis hedges and
Sec. 9
bushes
Fail to keep all yards clean and free any dead,
Sec. 10
decayed or damaged trees, bushes or hedges and
branches
Fail to keep and maintain water in a swimming pool in
Sec. 11
such a condition that it is unhealthy, unsanitary
Fail to ensure that their land is free and clear of
Sec. 12
infestation
Fail to keep clean and the grass maintained on a
Sec. 13
property of less than 929 m2,
Penalty Amount
300.00
300.00
300.00
300.00
300.00
200.00
250.00
350.00
350.00
350.00
11.
Fail to keep clean and the grass maintained on a
Sec. 14
350.00
depth of 30 m of lots abutting a residential dwelling.
12.
Fail to grade and to cover with grass any property in a
Sec. 15
300.00
Residential Zone.
13.
Keep or store any used motor vehicles for the
Sec. 16
350.00
purpose of wrecking or dismantling them or salvaging
parts from them.
14.
fail to keep his/her property free of holes or
Sec. 17
300.00
excavations which may create health or accident
hazards.
15.
Fail to eliminate noxious plants from any property.
Sec. 18
300.00
16.
Failure to keep a balcony, porch, deck or landing free
Sec.20
300.00
from accumulation of refuse, debris or rubbish.
17.
Cause or permit graffiti to be placed on any property
Sec.21
300.00
within the Township.
18.
Failure to remove, properly install a temporary vehicle
Sec.22
300.00
enclosure.
19.
Interfere, obstruct or hinder By-law Enforcement
Sec.23
500.00
Officers