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INCORPORATED VILLAGE OF HILTON BEACH
By-law Number 2019-19
"Being a By-law to Regulate the Maintenance and Care
Of land in the Village of Hilton Beach"
WHEREAS Section 8 of the Municipal Act, 2001, S.O., 2001, ¢.25, as
amended, provides that a municipality has the capacity, rights, powers and privileges
of a natural person, for the purpose of exercising it authority under this or any other
Act;
AND WHEREAS Section 11(s)(6) of the Municipal Act, 2001, S.O., 2001,
c.25, as amended, provides that a municipality may pass by-laws respecting the
health, safety and well-being of persons;
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, ¢.25,
as amended, provides that a municipality may require the owner or occupant to clean
and clear the property, not including buildings, or to clear refuse or debris from the
property, not including buildings;
AND WHEREAS Section 128 of the Municipal Act, 2001, S.O., 2001, ¢.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 131 of the Municipal Act, 2001, S.O., 2001, ¢.25,
as amended, permits a municipality to prohibit and regulate the use of any land for
the storage of used motor vehicle for the purpose of wrecking of dismantling them or
salvaging parts from them for sale or other disposal;
AND WHEREAS Section 425 of the Municipal Act, 2001, S.O., 2001, ¢.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 the Municipal Act, 2001, S.O., 2001, c.25, as amended,
further authorizes the Village of Hilton Beach, amongst other things, to delegate its
authority, to impose fees or charges on persons for services or activities provided or
done by or on behalf of it, to provide for inspections and inspection orders and to
make orders to discontinue activity or to do work;
AND WHEREAS Section 446 of the Municipal Act, 2001, S.O., 2001, ¢.25,
as amended, provides that if a municipality has the authority under this or any other
Act or under a by-law under this or any other Act to direct or require a person to do a
matter or thing, the municipality may also provide that, in default of it being done by
the person directed or required to do it, the matter or thing shall be done at the
person’s expense and the municipality may recover the costs of doing a matter or
thing from the person directed or required to do it by action or by adding the costs to
the tax roll and collecting them in the same manner as property taxes;
AND WHEREAS the Council of the Incorporated Village of Hilton Beach
deems it necessary for the health, safety and welfare of the inhabitants to enact a by-
law requiring owners and occupants of land to maintain their land free from refuse,
debris, excessive growth of grass and weeds and conditions which may pose an
unsafe condition;
NOW THEREFORE the Council of the Incorporated Village of Hilton
Beach hereby enacts as follows:
By-law #2019-19 — Yard and Property Maintenance(Cont’d.)
1. SHORT TITLE
1.1 This By-law may be cited as the “Yard and Property Maintenance By-
law.
2. DEFINITIONS
2.1 In this By-law:
“Council” means the Council of the Incorporated Village of Hilton
Beach;
“Debris” shall mean any material whatsoever capable of holding water,
and without limiting the generality of the foregoing, includes, but is not
limited to, tires, motor vehicles, boats, wheelbarrows, containers of any
kind and garden fixtures.
“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.
“Derelict Vehicle” shall mean a vehicle having missing bodywork
components or parts, including tires or damaged components, parts,
bodywork, glass or deteriorated or removed adjuncts, which prevents its
mechanical function, and includes a motor vehicle that is not licensed
for the current year.
“Domestic Waste” shall mean any debris, rubbish, refuse, sewage,
effluent, discard or garbage of any type arising from a residence
belonging to, or associated with a house or use of a house, or residential
property, including, but not limited to, garbage, discarded material or
things, broken or dismantled things, and materials or things exposed to
the elements, deteriorating or decaying on a property due to exposure to
the weather.
“Dwelling Unit” shall mean one or more habitable rooms within a
building which is designed, occupied and/or used as a single
housekeeping unit, in which separate kitchen and sanitary facilities are
provided for the exclusive use of such individual or individuals.
“Grass” shall include all forms, types and species of grass, weeds and or
any other plant material.
“Highway” includes a common and public highway, street, driveway,
any part of which is intended for or used by the general public for the
passage of vehicles and includes the area between the lateral property
lines thereof.
“Industrial Waste” shall mean any debris, refuse, sewage, effluent,
discard or garage of a type arising from industrial waste or commercial
operation, or belonging to or associated with industry or commerce or
industrial or commercial property including, but not limited to garbage,
discarded material or things, broken or dismantled things, materials or
things exposed to the elements, and deteriorating or decaying on a
property due to exposure to the weather.
By-law #2019-19 — Yard and Property Maintenance(Cont’d.)
“Municipal By-law Enforcement Officer” shall mean a By-law
Enforcement Officer as appointed by the Council of the Village of
Hilton Beach.
“Municipality” means the Incorporated Village of Hilton Beach.
“Person” includes an individual, association, firm, partnership,
corporation, trust, organization, trustee, or agent, and their heirs,
executors, or legal representatives and includes an owner.
“Pests” means rodents, vermin or insects.
“Refuse” means any article or thing that has been cast aside, discarded
or abandoned, whether of any value or not; has been used up, in whole
or in part, whether of any value or not; or, has been expended or worn
out, in whole or in part, whether of any value or not.
“Waste” means a substance or material that is unusable or unwanted and
includes but is not limited to:
(a) Animal feces;
(b) Broken or discarded material;
(c) Disconnected appliances and parts of such appliances;
(d) Firewood not stacked neatly;
(e) Indoor furniture;
(f) Domestic waste;
(g) Industrial or commercial waste;
(h) Derelict machinery, derelict vehicles, parts of such machinery not
packaged for immediate shipment or parts of vehicles no packaged
for immediate shipment;
(i) Material resulting from construction, demolition, repair or
renovation projects;
(j) Piping, ducting, tubing, conduits, cable, wire and fittings or related
accessories not packaged for immediate shipping;
(k) Torn or cut twigs, tree trunk, stem or branches;
(1) Waste wood or lumber
“Weeds” shall mean all noxious and local weeds designated as such
under the Weed Control Act R.S.O. 1990, c.w.5.
“Yard” shall mean the land within the boundary lines of a property not
occupied by a principal building, if any, and includes grounds or vacant
property.
3. SCOPE AND APPLICATION
3.1
3.2
This By-law shall apply to all lands within the Village of Hilton Beach.
Where a provision of this By-law conflicts with a provision of another
By-law in force and effect in the Municipality, the provision that
established the higher standard shall prevail in order to protect the
health, safety and welfare of the general public.
4. YARD AND PROPERTY MAINTENANCE
4.1
4.2
Every owner, lessee or occupant shall keep their ground, yard or vacant
land clear and free from holes and excavations, adequately drained,
graded, clean or cleared up and free from conditions that may be
considered a health hazard or nuisance by the surrounding lands and
neighbourhood.
For the purpose of subsection 4.1, “Keeping clear” includes:
(a) The removal of dead, decayed or damaged trees or other natural
growth and the branches or limbs thereof which create an unsafe
condition in relation to their environment;
By-law #2019-19 — Yard and Property Maintenance(Cont'd.)
6.
4.3
(b) The removal, trimming or cutting of weeds or grass more than 20
centimeters (8 inches) in height;
(c) The removal of standing, ponding and stagnant water;
(d) The removal of objects or conditions that create or might creat a
health, fire or accident hazard;
(e) The removal of any domesticated animal excrement;
(\The removal of all garbage, refuse and domestic, commercial or
industrial waste of any kind;
(g) The general maintenance and up keeping of a property, including
keeping various household items in a tidy manner and off the ground
or yard for prolonged periods of time exceeding one week
Every owner, lessee or occupant shall ensure that his or her land is free
and clear of infestation.
VEHICLES
5.1
5.2
No person shall use any land in the Village of Hilton Beach for storing
inoperative motor vehicles or used motor vehicles for the purpose of
wrecking or dismantling them or salvaging parts thereof for sale or other
disposal.
No machinery, vehicle, boat, trailer or part thereof which is in an
unusable, wrecked, discarded, dismantled, partially dismantled or
abandoned condition shall be stored or allowed to remain on any land by
an owner or occupant.
ENFORCEMENT
6.1
6.2
6.3
6.4
6.5
6.6
This By-law shall be enforced by Municipal By-law Enforcement
Officer(s).
For the purpose of ensuring compliance with this By-law a Municipal
By-law Enforcement 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.
An officer may, for the purposes of the inspection under 6.2:
Require the production for inspection of documents or things relevant to
the inspection;
Inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
Require information in writing or otherwise as required by the officer
from any person concerning a matter related to the inspection; or alone
or in conjunction with a person possessing special or expert knowledge,
make examinations or take tests, samples or photographs necessary for
the purposes of the inspection;
Any cost incurred by the Village in exercising its authority to inspect
under subsection 6.3(d) including but not limited to the cost of any
examination, test, sample or photograph necessary for the purposes of
the inspection, shall be paid by the owner or occupant of the property
where the inspection takes place.
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 6.2 and
section 6.3.
No person shall hinder or obstruct, or attempt to hinder or obstruct, a
Municipal By-law Enforcement Officer from carrying out inspections of
land to ensure compliance with this By-law.
By-law #2019-19 — Yard and Property Maintenance(Cont’d.)
6.7 A Municipal By-law Enforcement Officer may make an Order, sent by
prepaid regular mail to the last known address, posted on-site or
personally delivered to an owner, person or occupant requiring the
owner, person or occupant within the time specified in the Order to:
(a) Discontinue the contravening activity, and/or
(b) Do work to correct the contravention.
6.8 An order under Section 6.7 shall set out:
(a) Reasonable particulars of the contravention adequate to identify the
contravention and the location of property on which the
contravention occurred;
(b) The work to be completed; and
(c) The date or dates by which the work must be complete.
6.9 Where an Owner contravenes an Order issued under section 6.7, the
Municipal By-law Enforcement Officer may, without notice to any
Owner, cause the work to correct the contravention to be done at each
Owner’s expense. Without limitation, the Municipal By-law
Enforcement Officer may retain such persons to assist in completing the
work as the Municipal By-law Enforcement Officer determines
appropriate.
6.10 Upon completion of the work to correct the contravention by or on
behalf of the Town, the municipality shall have a lien on the land for the
amount spent on the work to correct the contravention and the amount
shall be deemed to be municipal property taxes and may be added to the
tax roll and collected in the same manner and with the same priority as
municipal property taxes as provided for by statute.
6.11 Each Owner is jointly and severally liable to the Village for all costs
incurred in any related to work done to correct the contravention for the
purpose of Section 6.10 including, without limitation, interest as per
Village policy.
6.12 This By-law shall be enforced by Municipal By-law Enforcement
Officer(s).
7. PENALTY
7.1 Each person who contravenes any provision of this By-law is guilty of
an offence.
7.2 A person convicted of an offence contrary to a provision of this By-law
in a proceeding commenced under Part III of the Provincial Offences
Act, R. S. O. 1990, c. P.33, is liable to a fine of no less than Five
Hundred Dollars ($500) and no more than Ten Thousand Dollards
($10,000) for each day or part of a day on which the offence occurs or
continues provided that the total of all daily fine for the continuing
offence shall not exceed One Hundred Thousand Dollars ($100,000).
7.3 A person convicted of an offence contrary to a provision of the By-law
in a proceeding commenced under Part | of the Provincial Offences Act,
R.S.O. 1990, c. P.22 is guilty of an offence an on conviction is liable to
a fine as provided in the Provincial Offences Act, R.S.O. 1990, c. P.22,
as amended.
8. SEVERABILITY
8.1 Where a Court of competent jurisdiction declares any section or part of a
section of this By-law invalid, the remainder of this By-law shall
continue in force unless the Court makes an Order to the contrary.
9. REPEAL
9.1 Any By-law inconsistent with this by-law shall hereby be repealed.
By-law #2019-19 — Yard and Property Maintenance(Cont’d.)
10. ENACTMENT
10.1 This By-law shall come into full force and effect on the day it is passed.
READ a FIRST, SECOND and THIRD TIME and FINALLY PASSED this 9" day
of October, 2019.
Aaa
ayor Robert Hope
(Sa5<4 Vle
So (/
i
Clerk Peggy Cramp