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Corporation of the Town of Ingersoll
By-Law 15-4840
A By-Law to prescribe standards for the Maintenance of Land in the Town of
Ingersoll
WHEREAS Section 127 of the Municipal Act, 2001, as amended authorizes the
Councils of local municipalities to pass by-laws for requiring and regulating the clearing
and cleaning of land, which by-law or bylaws;
(a) May require the 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;
(b} Regulate when and how matters required under clause (a) shall be done;
(c) Prohibit the depositing of refuse or debris on land without the consent of the
owner or occupani of the land; and
(d) Define “refuse” for the purpose of this by-law.
AND WHEREAS the Official Plan for the Corporation of the Town of Ingersoll includes
provisions relating to property conditions;
AND WHEREAS Council hereby deems long grass and weeds as defined herein to be
a public nuisance pursuant to Section 128 of the Act;
AND WHEREAS Section 425 of the Act authorizes a municipality to pass a by-law
providing that a person who contravenes a by-law passed under the Act is guilty of an
offence;
AND WHEREAS Section 429 of the Act authorizes a municipality to provide for a
system of fines for by-law offences, including designating an offence as a continuing
offence;
AND WHEREAS Section 446 of the Act authorizes a municipality to enforce compliance
of the by-law to require work to be done at the owner's expense, to municipality to enter
onto the land and do the necessary work and to add the municipality's costs to the tax
roll of the said lands and collect the costs in the same manner as property taxes;
NOW THEREFORE the Council of The Corporation of the Town of Ingersoll enacts as
follows:
1 SHORT TITLE
This by-law may be cited as the "Lot Maintenance By-Law”
2 DEFINITIONS
2.1 In this by-law, the following definitions shall apply:
“Agricultural purposes” shall mean use of lands for agricultural purposes as
defined and in accordance with the Town of Ingersoll Zoning By-Law,
The Corporation of the Town of Ingersoll
By-law No. 15-4840 Page 1
“Cleared” shall mean the removal of stock piles of soil or other aggregate
material not required to complete the grading of the Ict on which the stock pile is
located, and includes the removal of dead, decayed, or damaged trees or other
natural growth including weeds;
“Commercial Motor Vehicle" means a motor vehicle used for, or associated
with, a commercial activity that:
(i) exceeds a gross vehicle empty weight of 3000 kilograms, or
(ii) exceeds a height of 2.6 metres; or
(iii) exceeds an overall length greater than 6 metres.
“Composting” shall mean the biological degradation or breakdown of organic
material into a dark soil-like material called humus;
“Composting Container’ shall mean the holding unit used to store yard, garden
and household waste for the purpose of composting not exceeding one square
meter and 1.8 meters in height measured from the average surrounding ground
level to the utmost top of the unit;
“Derelict Motor Vehicle” shall mean:
(i) Any vehicle as defined by the Highway Traffic Act and includes
snowmobiles, boats, trailers, recreational and all-terrain vehicles that are
either:
a, In such a state of disrepair or dismantlement as to be inoperative; or
b. Deserted or abandoned.
(ii) | For the purpose of this By-Law, a vehicle shall have been deemed to have
been deserted or abandoned if it is:
a. without a license plate;
b. has a license plate which is missing an annual sticker; or
c. has a license plate but has an annual renewal sticker which has
been expired for a period of three months or more.
(iii) Notwithstanding (ii) above, if the Enforcement Officer is satisfied that any
vehicle otherwise meeting the description in this section has not been
deserted or abandoned, and then it shall NOT be deemed deserted or
abandoned.
“Domestic waste” shall mean any article, thing, matter or effluent belonging to or
associated with a residence, household or dwelling unit that, in the opinion of the
enforcement officer, appears to be waste material and includes but is not limited
to the following classes of waste material:
(a) grass clippings, tree cuttings, brush, leaves and garden refuse except any
material placed in a composting container;
(b) paper, cardboard, clothing;
(c) afl kitchen and table waste, of animal or vegetable origin resulting from the
preparation or consumption of food except any material of vegetable origin
placed in a composting container;
(d) cans, glass, plastic containers, dishes;
The Corporation of the Town of Ingersoll
By-law No. 15-4840 Page 2
(e) new or used material resulting from or for the purpose of construction,
alteration, repair or demolition of any building or structure;
(f) refrigerators, freezers, stoves or other appliances and furniture;
(g} furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;
(h) derelict motor vehicle, inoperative motor vehicle, vehicie motor parts and
accessories, vehicle tires mounted or un-mounted on rims, mechanical
equipment;
(i) rubble, inert fill, fencing materials.
“Enforcement Officer’ means the Chief Building Official or designate, and any
other person appointed as By-Law Enforcement Officer and/or acting under the
instructions of the Council of the Town of Ingersoll to perform inspections
pursuant to this by-law;
“Industrial waste" shall mean any article, thing, matter or effluent belonging to or
associated with industry or commerce or concerning or relating to manufacture or
concerning or relating to any trade, business, calling or occupation that in the
opinion of the enforcement officer appears to be waste material and includes, but
is not limited to, the following classes of waste material:
(a) piping, tubing, conduits, cable, fittings or other accessories, or adjuncts to
the piping, tubing, conduits or cable;
(b) containers of any size, type or composition;
(c) rubble, inert fill;
(d) mechanical equipment, mechanical parts, accessories or adjuncts to
mechanical equipment;
(e) articles, things, matter, effluent which are derived from or are constituted
from or consist of,
(i) agricultural, animal, vegetable, paper, lumber or wood products; or
(ii) mineral, metal or chemical products; whether or not the products
are manufactured or otherwise processed;
(f) bones, feathers, hides;
{g) | paper or cardboard packaging or wrapping;
(h) material resulting from, or as part of, construction or demolition projects;
(i) derelict motor vehicle, inoperative motor vehicle, vehicle parts and
accessories, vehicle tires mounted or un-mounted on rims, mechanical
equipment.
“Land” includes yards, vacant lots or any part of a lot which is not beneath a
building;
“Motor Vehicle” means any vehicle as defined by the Highway Traffic Act and
further includes snowmobiles, boats, trailers, recreational and all-terrain vehicles
“Naturalized area” means a portion of a lot or land where a lawn or perennial
garden previously maintained by the owner which has been allowed to re-
establish a reproducing population of native species, through a combination of
natural regeneration and deliberate plantings of species or other species to
emulate a natural area
The Corporation of the Town of Ingersoll
By-law No. 15-4840 Page 3
“Owner’ includes an owner, lessee, and occupant of the land;
“Paved Surface" means a driveway or parking space surfaced and maintained
with asphalt, concrete, brick, stone, block, or crushed stone.
“Perennial Gardens” means an area deliberately implemented and delineated to
produce ground cover, including wild flowers, shrubs, perennials, ornamental
grasses or combinations of them, but does not include a wildflower meadow or a
naturalized area.
“Publicly Owned Land” means land owned by The Corporation of the Town of
Ingersoll, Corporation of the County Oxford, the Upper Thames River
Conservation Authority, and any Ministry or Department of the Governments of
Canada or Ontario;
“Rubble” includes broken concrete, bricks, broken asphalt, patio or sidewalk
slabs and like materials;
“Refuse” means any article, thing, matter, substance or effluent that: has been
cast aside, discharged or abandoned or; is discarded from its usual and intended
use or; is used up, in whole or in part, or expended or worn out in whole or in
part; and shall include domestic waste and industrial waste applied to land;
“Town’ shall mean The Corporation of the Town of Ingersoll;
“Wildflower Meadow" means a specialized habitat within a naturalized area,
which is dominated by native species of flowers and grasses. The area would
require periodic mowing (once or twice per year) in order to prevent the growth
and establishment of woody shrubs and trees and would be at a minimum of 1
acre in size.
“Weed” means any plant or plant seed which is classified as a “noxious weed"
by definition under the Weed Control Act of Ontario, R.S.O. 1990, CHAPTER
W.5 as amended, or as otherwise recognized by Council as a non-native,
invasive plant that has been deemed harmful to horticultural interest of the Town,
or as a nuisance tc the residents of the Town.
“Woodlot” shall mean an area of trees in excess of 0.2 hectares.
The Corporation of the Town of Ingersoll
By-law No, 15-4840 Page 4
3 Lot Maintenance Standards
3.1. Every person shall keep all !ands which he, she or they may own, lease or
occupy, cleared.
3.1.1 For the purpose of Paragraph 3.1. “cleared” includes the removal of
weeds, grass and other natural growth in excess of 20 cm in height.
3.2 Every person shall keep all lands which he, she or they may own, lease or
occupy, cleaned of all refuse.
3.3. No person shall fail to enclose or restrict unlawful access to an excavation,
pit or well in or on land.
3.3.1. Unlawful access to an excavation shall be reasonably prevented to
the satisfaction of the enforcement officer with a barrier no less
than 122 centimeters (48 inches) in height above the level of the
ground adjacent to the barrier.
3.3.2. The barrier designated by Subparagraph 3.3.1. shall not be deemed
to constitute a fence for the purposes of the Town of Ingersoll
Fencing By-law or for the purposes of the Town of Ingersoll
Swimming Pool Fencing by-law.
3.4 Lot Grading and Drainage
3.4.1All yards shall be maintained with adequate surface water drainage,
including suitable provisions for its disposal, without causing erosion, so
as to prevent ponding or the entrance of water into a basement or
crawlspace.
3.4.2No storm water drainage discharge pipe shall terminate in such a
manner that it will act to penetrate or damage a building, structure or
property.
3.4.3Storm water emanating from a building or the yards adjacent to a
building shall discharge such that it does not adversely affect adjacent
properties, or cause erosion.
3.4.4 Lot Drainage shall be contained within the limits of the property from
which it originated until absorbed by the soil or drained to an outlet from
the property swale or ditch approved by the Town of Ingersoll’s Engineer.
3.5 Placement of Fill
3.5.1 No fill material shall be allowed to remain in an unleveled state on any
property for longer than fourteen (14) days, unless the property upon
which the fill material is located is;
a) aconstruction site for which a building permit is in effect, or
b) a development site subject to an approved agreement under
the Town of Ingersoll Site Plan Control By-Law as amended.
3.5.2 No fill shall be left in an uncovered state (not covered by sod, seed or
agricultural crop) on any property for !onger than thirty (30) days unless
the property is;
a} aconstruction site for which a building permit is in effect;
The Corporation of the Town of Ingersoll
By-law No. 15-4840 Page 5
b) a property being subdivided under subdivision agreement with the
Town of Ingersoll, or
c) a property being actively farmed.
3.6 Dumping
3.6.1 No person shall deposit refuse on privately owned lands without lawful
authority.
3.6.2No person shall deposit refuse on publicly owned lands without lawful
authority.
3./ Condition of Surfaces
3.7.1 Every owner of lands shall keep all surfaces used for pedestrian or
vehicular traffic and parking in good repair.
3.7.2 Surface conditions of privately owned walkways, driveways shall be
considered in good repair where installed and maintained in a safe
condition with non-organic ground cover so as to:
a) prevent ponding of storm water;
b) not exhibit an unsightly appearance;
c) be kept free of garbage and waste;
d) be kept free of deep ruts and holes;
e) provide for safe passage under normal use and weather
conditions, day or night; and
f) not create a nuisance to another property.
3.7.3 Every owner shall maintain steps, walks, and other similar areas in a
manner so as to afford safe passage.
4 Exemptions
4.1
4.2
4.3
4.4
4.6
4.7
Sections 3.1, 3.3 and 3.4 of this by-law does not apply to land on which
construction is proceeding under a valid building permit issued by the
Chief Building Official.
Section 3.4 of this by-law does not apply to natural bodies of water or to
public drainage works.
Section 3.1 of this by-law shall not apply to land which is lawfully used for
outdoor storage of materials in compliance with the Zoning By-law or Site
Plan Control By-law.
Sections 3.1, 3.3, and 3.4, of this by-law do not apply to any lands used
for agricultural purposes.
Section 3.1.1, of this by-law does not apply to a Wildflower Meadow or a
Naturalized Area provided that those areas are managed in accordance
with the Weed Control Act.
Section 3.1 of this by-law does not apply to any lands that are defined as a
Wood Lot.
The Corporation of the Town of Ingersoll /
By-law No. 15-4840 Page 6
4.8 Section 3.1 of his by-law does not apply to perennial gardens, provided
that the perennial gardens are managed in accordance with the Weed
Control Act and provided that there is no waste.
4.9 Notwithstanding any of the preceding exceptions, this by-law does not
apply to publicly owned lands or lands owned by the Crown.
5 Liability
5.1 Every owner, lessee and occupant of the lands within the territorial limits
of the Town of Ingersoll are jointly and severally liable to ensure
compliance of such lands and premises with the standards prescribed by
this by-law.
6 Right of Entry
6.1. For the purpose of ensuring compliance with the provisions of this by-law
an Enforcement Officer may, at all reasonable times, enter upon and
inspect any property to determine compliance to this by-law or an order
made under the authority of this by-law.
7 Administration and Enforcement
7.1 ‘If any owner of any lands fails to comply with anything required to be done
in accordance with this By-Law, the Town of Ingersoll in addition to all
other remedies available at law, shall:
(a) Have the right to enter the property and remedy the said lands
and/or premises so as to create and/or maintain compliance with those
standards set forth in this by-law,
(b) Not be liable to compensate such owner or any other person having
an interest in the property by reasons of any thing done by or on behalf of
the Town of Ingersoll under provisions of this section, and
(c) Have the right to recover from the owner of the property any
amount expended by or on behalf of the Town of Ingersoll under the
authority of this section and such amounts may be collected in like manner
as municipal taxes.
7.2 Every person who contravenes any provision of this by-law is guilty of an
offence and on conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O. 1990, c.P.33,
7.3. An offence for violation of Section 3 of this by-law is designated as a
continuing offence pursuant to Section 429 of the Act.
7.3 ‘It is hereby declared that each and every of the foregoing provisions of the
By-Law is severable and that, if any provisions of this By-Law should, for
any reason, be declared invalid by any court, it is the intention and desire
of this Council that each and every of the remaining provisions hereof
shall remain in full force and effect.
8 Repeal — Enactment
8.1 That Sections 3.1.1, 3.1.2, and 3.5.3 of the Property Standards By-law No.
01-3986, as amended are hereby repealed.
8.2 This by-law comes into force on the day it is finally passed.
The Corporation of the Town of Ingersoll
By-law No. 15-4840 Page 7
READ a first and second time this 13th day of October, 2015.
READ a third time and finally passed this 13th day of October, 2015.
Michaet Graves, Clerk
The Corporation of the Town of Ingersoll
By-law No. 15-4840 Page 8
Schedule “B” to By-law 15-4840
Set Fine Schedule
The Corporation of the Town of Ingersoll
Part 1 Provincial Offences Act
By-law 15-4840: Being a by-law to prescribe standards for the maintenance of land.
ITEM | COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Provision Creating | Set Fine
or Defining
Offence
1 Fail to cut and maintain grass __| Section 3.1 $125
2 Fail to cut and maintain weeds [| Section 3.1 $125
3 Fail to cut and maintain grass | Section 3.1 $125
and weeds
4 Fail to maintain property clean | Section 3.2 $125
of refuse
5 Lot drainage not contained to Section 3.4.4 $125
property
6 Allow fill material to remain Section 3.5.1 $125
longer than 14 days
7 Allow fill to remain uncovered Section 3.5.2 $125
The Corporation of the Town of Ingersoll
By-law No. 15-4840