This is the exact embedded text of the captured official document.
Snapshot cb56501a1cc2 · verified 2026-10-18 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE CORPORATION OF THE TOWNSHIP OF HILLIARD
BY-LAW NUMBER 2024-22
A By-law regarding Clean, Safe Properties
WHEREAS sub-section 8(1) of the Municipal Act, 2001, S.O 2001 CH 25, herein referred
to as "the Act" provides that the powers of a municipality under this or any other Act shall
be interpreted broadly so as to confer broad authority on the municipality to enable the
municipality to govern its affairs as it considers appropriate and to enhance the
municipality's ability to respond to municipal issues; and
WHEREAS sub-section 8(2) of the Act provides that in the event of ambiguity in whether
or not a municipality has the authority under this or any other Act to pass a by-law or to
take any other action, the ambiguity shall be resolved so as to include, rather than
exclude, powers the municipality had on the day before this Act came into force; and
WHEREAS sub-section 8(3) of the Act provides that a by-law under sections 10 and 11
of the Act respecting a matter may,
(a) regulate or prohibit respecting the matter;
(b) require persons to do things respecting the matter;
(c) provide for a system of licences respecting the matter.
WHEREAS sub-section 8(4) of the Act provides that without limiting the generality of
subsections (1), (2) and (3) and except as otherwise provided, a by-law under the Act
may be general or specific in its application and may differentiate in any way and on any
basis a municipality considers appropriate; and
WHEREAS Section 425 of the Act provides that a municipality may pass by-laws
providing that a person who contravenes a by-law of the municipality passed under this
Act is guilty of an offence; and
WHEREAS pursuant to Section 446 of the Municipal Act S.O. 2001, c. 25, as amended,
a municipality may enact a bylaw 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 doing so may be added to the tax rolls and collected in the same manner
as taxes; and
WHEREAS pursuant to Section 391 of the Municipal Act S.O. 2001, as amended, a
municipality may impose fees or charges on persons for services or activities provided or
done by or on behalf of it.
NOW THEREFORE, the Council of the Corporation of the Township of Hilliard
enacts as follows:
.
1. Short Title
1.1. This By-Law may be referred to as "The Clean, Safe Properties By-Law".
2. Scope
2.1 The requirements set forth in this by-Law are hereby prescribed and
adopted as the minimum requirements for residential and vacant properties.
2.2 No person shall allow conditions on a property which pose or constitute an
undue or unreasonable hazard or risk to life, limb or health of any person
on or about a property.
2.3 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. Interpretations and Definitions
3.1 Terms Defined: Unless otherwise expressly stated, terms shall, for the
purpose of this by-Law, have the meaning indicated in Section 3 of this By-Law.
3.2 Terms Not Defined: Where terms are not defined under the provisions of
this by-Law, they shall have the meanings ascribed to them their ordinarily
accepted meanings, and such as the context herein may imply.
3.3 "boat" means any vessel which floats on the surface of the water and is
capable of carrying people or material whether motorized or not and
includes but is not limited to pleasure craft, scows, personal water craft,
canoes, row boats, pontoon boats and commercial boats, when on the
water or on land;
3.4 "derelict motor vehicle" means a motor vehicle 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 in 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.
3.5 "exterior property areas" means the property, exclusive of buildings and
accessory buildings, and generally means the yards and gardens;
3.6 "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;
3.7 "long grass" means a grass taller than 25.4 cm (10 inches).
3.8 "owner" includes,
(1) 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
(2) a lessee or occupant 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;
3.9 "person" means any human being, association, firm, partnership,
incorporated company, corporation, agent or trustee, and the heirs,
executors or other legal representatives of a person to whom the context
can apply, according to law;
3.10 "property" means a building or structure, or part of a building or structure,
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
also includes vacant property;
3.11 "salvage yard" includes a scrap yard, junk yard and wrecking yard, whether
or not an active business is carried on therein, or such yard is used for storage purposes;
3.12 "Township" shall mean the Corporation of the Township of Hilliard;
3.13 "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.
4. Penalty and Offence
4.1. Exterior property areas, yards, shall be kept free from:
(a) rubbish, garbage, brush, waste, litter and other debris;
(b) overgrown hedges and bushes, in relation to their
environment,
(c) ground cover, such as grass, not longer than 25.4 cm/10
inches,
(d) dead, decayed, or damaged trees, or other natural growth and
the branches and limbs thereof which creates an unsafe
condition;
(e) wrecked, dismantled, derelict, inoperative, discarded, unused
or unlicensed vehicles or trailers, except in an establishment
licenced or authorized to conduct and operate such a
business, and then only in an arrangement such as to prevent
an unsafe condition or an unsightly condition and screened
from view from adjacent properties;
(f) wrecked, dismantled, derelict, inoperative, discarded or
unused boats and any component parts thereof, except in an
establishment licenced or authorized to conduct and operate
such a business, and then only in an arrangement such as to
prevent an unsafe condition or an unsightly condition and
screened from view from adjacent properties;
(g) machinery or any parts thereof, or other objects or parts
thereof, or accumulations of material or conditions that create
an unsafe condition or an unsightly condition out of character
with the surrounding environment; and
(h) dilapidated or collapsed structures or erections and any
unprotected well or other unsafe condition or unsightly
condition out of character with the surrounding environment.
4.2 Failure to maintain exterior property areas, yards, as prescribed in section
4.1 of this By-law is guilty of an offence and upon conviction is liable to a
fine as prescribed under the Provincial Offences Act, R.S.O. 1990, as
amended.
5. Remediation
5.1 Where the owner is in default of doing any matter or thing directed or required to be
done under this by-law, an Officer may give Notice, found in Appendix "1" of this By-Law,
to the owner, in writing, directing that the property be brought into compliance with the
requirements of this By-Law within a defined time period, at the owner's expense. In so
doing, the Municipality may charge an administration fee and both the expense and the
fee may be recovered from the owner.
5.2 The following Administration Fees shall be applied in addition to any penalty provided
in the Provincial Offences Act:
a) Where an owner fails to comply with an enforcement officer's verbal direction
under this by-law, the owner shall pay an administration fee of $100;
b) Where an owner fails to comply with an enforcement officer's Order under this
by-law, the owner shall pay an administration fee of $200.00
5.3 Where any matters of things are removed in accordance with Section 5.1, such
matters or things may be immediately disposed of by the Officer.
5.4 The Municipality may recover the remedial action cost and administration fee incurred
under Section 5.1 and Section 5.2 by action, or by adding them to the tax roll and
collecting them in the same manner as taxes in accordance with Section 446 of the
Municipal Act.
5.5 The Municipality may, prior to recovering costs incurred in Section 5.1 and Section
5.2 pursuant to Section 446 of the Municipal Act by adding costs of the Municipal Taxes,
invoice Owners requesting voluntary payment of said remedial action costs.
5.6 In the event that the presence of material presents, in the opinion of
Municipal By-Law Officer, an unsafe, hazardous or dangerous condition or to present a
danger to public health, the notice referred to in paragraph 5.1 may be dispensed with.
6. Administration and Enforcement
6.1 A person appointed by the Township of Hilliard as Municipal By-Law Officer
is authorized to enforce this by-law, and the By-Law Officer shall use their discretion in
determining the application of the By-law upon a property.
6.2 No person shall hinder or obstruct a Municipal By-Law Officer of this By-law.
6.3. Owners and occupants of property shall comply with the requirements prescribed in
this By-law, and shall comply with an order issued under this By-law requiring compliance.
6.4 Every person who contravenes any provision of this By-law is guilty of an offence and
upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O,
1990, c. p.
6.5 The Township of Hilliard owned properties or properties leased by the Township shall
be exempt from the provisions of this By-law.
7. Power of Entry
7.1 In accordance with section 436(1) of the Municipal Act, 2001, a Municipal By-Law
Officer may enter upon land at any reasonable time for the purpose of carrying out an
inspection to determine whether or not the provisions of this By-law are being complied
with.
8. Severability
8.1 If a court of competent jurisdiction declares any section or part of this by-law invalid,
it is the intention of Council that the remainder of the By-law shall continue in force.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 17th day of
July, 2024.
_____________________________
Reeve
_____________________________
Clerk
APPENDIX 1
BY-LAW ENFORCEMENT - NOTICE OF REMEDY
Pursuant to section of Township of Hilliard By-Law 2024-22 (Clean, Safe
Properties By-Law), you are hereby required to remove items from your property located
at in the Township of Hilliard in order to comply with the provisions
of section of the By-Law.
The items to be removed are as defined in section . As per Section
5.2 a two hundred dollar ($200.00) administrative fee shall accompany the issuance of a NOTICE
TO REMEDY.
If the items are not removed from the property by , the Township
of Hilliard will remove and dispose of the items pursuant to section 5.3 of the By-Law, and any
costs associated with the removal and disposal may be added to the tax roll for the property.
If you have any questions regarding this matter, please contact me by phone or email.
Yours truly,