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THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE
KBT
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cnu-
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BY-LAW
No. 2019 - 124
BEING A BY- LAW TO ESTABLISH
STANDARDS
FOR THE
MAINTENANCE OF YARDS
IN THE MUNICIPALITY
OF KINCARDINE
WHEREAS
Section
11 of the Municipal Act, 2001, S. O. 2001, c. 25, as amended
provides that
a
municipality
may
pass
by- laws
respecting, inter
alia, health,
safety and the well- being of persons and waste management;
AND WHEREAS
Section
127
of the
Municipal
Act, 2001
S. O. 2001, c.25 as
amended authorizes municipalities to pass by- laws requiring land to be kept in a
safe condition
and free of debris and refuse;
AND
WHEREAS
Section
128
of the
Municipal
Act, 2001
S. O. 2001, c. 25
as
amended
authorizes
municipalities
to 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, S. O. 2001,
c. 25, as
amended, provides that a 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
Section
425
of the Municipal
Act, 2001, S. O. 2001,
c. 25, as
amended, 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 2006, c. 32, Sched. A, s. 184;
1111
AND WHEREAS
Section
429
of the Municipal
Act, 2001,
S. O. 2001, c. 25, as
amended, provides
that
a municipality
may establish
a system
of fines
for
offences under
a by- law of the municipality
passed
under this Act. 2006, c. 32,
Sched. A, s. 184
AND
WHEREAS
Section
446
of the
Municipal
Act, 2001, S. O. 2001, c. 25
as
amended authorizes municipalities to direct that where a person has defaulted,
the municipality may have the default remedied at the owner's expense and add
the cost to the tax roll.
AND WHEREAS the Council of The Corporation of the Municipality of Kincardine
deems
it expedient
to establish
standards
for the
maintenance
of yards
and
properties in the Municipality of Kincardine;
NOW THEREFORE
the
Council
of The Corporation
of the
Municipality
of
Kincardine
ENACTS
as follows:
1.
APPLICATION
a) This
By- law shall
apply
to all
properties
located
within
the
Corporation
of
the
Municipality
of
Kincardine;
Page
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Clean and Clear Yards By- law
By- law No. 2019 - 124
b) This By- law does not apply so as to prevent a farm operation or
practice
meeting
the
definition
of " agricultural
operation" and
normal
farm
practice" under the Farming and Food Production
Protection
Act, 1998, SO 1998, c. 1
as amended
from carrying
out a normal farm practice as provided for and defined under
that Act;
c) Where the provisions of this By- law conflict with the provisions
of another By- law in force in the Municipality, the provision that
establishes
the higher standard
to protect the health, safety and
welfare of the general
public shall prevail.
2.
DEFINITIONS
In this By-law:
Composting" -- means
the
biological
degradation
or breakdown
of organic
material
into a dark soil- like material
called
humus.
Excessive Growth
of Grass
or Weeds" - means grass or weeds which have
grown
to a height so as to be inconsistent
with the surrounding
environment
or
over 20 cm in height.
Inoperative Motor- Vehicle" - means and includes a boat or any motor vehicle
other as defined under the Highway Traffic Act, R. S. O. 1990, c. H. 8, other than a
motor vehicle which is currently licensed, and operable and owned by an owner
or occupant
of the property
on
which
it is
stored, unless it is permitted by the
Municipality
for the operation
of a business
enterprise
lawfully
situated
on the
property.
Last Known Address"-
means the address, which appears
on the last revised
assessment rolls of The Corporation of the Municipality of Kincardine.
Municipality"- means The Corporation of the Municipality of Kincardine.
Notice"-
means a form set out in Schedule " A" of this By- law.
Noxious
Weed" - means a species of weed designated
by or under the Weed
IIIControl
Act, R. S. O. 1990, c. W. 5, as a noxious weed.
Occupant" -
means
the registered
owner of property, tenant
or occupant
or
person for the time being managing or receiving the rent from the property,
whether on his or her own account or on account of an agent or trustee of any
person or any one of the aforesaid.
Officer"- means a By- law or Property Standards Officer appointed by By- law or
assigned the responsibility of enforcing and administering this By-law.
Official
Plan" - means the Official Plan of The Municipality of Kincardine as
amended.
Order"- means a form set out in Schedule " B" of the By- law.
Owner" - means the person in whom is vested the ownership, dominion or title
of property and includes his or her agent, administrator or assignee.
III
Person" -
means
an
individual, firm, corporation, association
or
partnership,
and shall
include
the occupant.
Property" -
means
any
parcel
of
land
or
registered
water
lot
and, without
limiting
the
generality
of
the
foregoing, shall
mean
lands
and
premises
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Clean and Clear Yards By- law
By- law No. 2019 - 124
appurtenant
to
a
building
or
structure
whether
residential, institutional,
commercial or industrial and includes vacant property.
Refuse
or Debris" - means any article, thing, or matter that has been cast
aside or discarded or abandoned, whether of any value or not, or that has been
used up
in whole
or in part, or expended, or worn
out
in whole, or in
part , and
without limiting the generality of the foregoing shall include:
a)
garbage, rubbish, junk or litter;
b)
grass clippings, tree and garden cuttings, brush and leaves which
are not part of a horticultural or composting process;
c)
unusable containers such as crockery, dishes, glassware, bottles,
plastic containers and cans;
d)
discarded
paper, paper products, cardboard, clothing;
e)
discarded weighty or bulky materials such as stoves, refrigerators
and other such appliances, furniture, furnace
parts, pipes, water or
fuel tanks;
f)
any
unused, abandoned, dismantled
or inoperative
Motor vehicle,
as defined herein;
g) any wrecked, dismantled, discarded vehicle or automotive parts or
accessories, mechanical
parts, unmounted
or
mounted
tires,
accessories or adjuncts to any vehicle or mechanical equipment;
h)
any all- terrain vehicle, motor home, trailer, motorized
snow vehicle,
motorized
recreational
vehicle or camper, traction engine, farm or
lawn tractor, road- building machine or a vehicle drawn, propelled or
driven by any kind of power including horse power or manpower,
boat, watercraft or trailer or part thereof, which is unlicensed and/ or
in
a
wrecked, discarded, dismantled,
inoperative
or
abandoned
condition unless it is necessary for the operation of a business
lawfully situated on the property;
i)
discarded, unused or waste materials
resulting from or as part of
construction,
alteration, repair
or demolition
of any building
or
structure or old or decayed
lumber;
j)
debris, objects
or
conditions
that
may
create
a
health, fire
or
accident hazard;
k)
Discarded, dead, diseased, decayed or damaged trees or brush.
Stagnant
Water" -
means
non- flowing, motionless
or stale
water that
has
remained
in
a
location
for a period
exceeding
four days
as observed
and
recorded by an officer.
Vehicle" means a motor vehicle, any all-terrain vehicle, motor home, motorized
snow vehicle, motorized
recreational
vehicle or camper, traction
engine, farm or
lawn tractor, road- building machine
or a vehicle drawn, propelled
or driven
by
any
kind
of
power
including
horse
power
and
manpower, including
a boat,
watercraft or trailer or part thereof.
Yard" means the land other than publicly owned land within the boundary lines
of a property not occupied by a principal building, if any, and includes grounds or
vacant property, and shall include any land around or appurtenant to the whole or
any part of a property and used or capable of being used in connection
with the
property, including the boulevard
and drive way apron abutting the respective
property.
3.
GENERAL
STANDARDS
FOR ALL PROPERTY
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Clean and Clear Yards By- law
By- law No. 2019 - 124
3. 1
Every owner or occupant of a property shall maintain the yard of said
property
clean and free from refuse or debris.
III
3. 2 Every owner or occupant shall keep their property free and clear of
infestations of injurious insects, rodents, vermin or other pests.
3. 3 Every owner or occupant shall keep the yard at their property free from
conditions such as holes or excavations that might create a health, safety or
accident hazard.
3. 4 No owner or occupant shall use a yard for the parking, storage, keeping or
placement
of inoperative
motor vehicles.
4. GRASS- TREES- BRUSH- HEDGES- LANDSCAPING
4. 1
Every
owner or occupant
of a property
shall
keep their yard at the said
property free from excessive growth of grass or weeds.
4. 2 Every
owner or occupant
of a property
shall
keep
the yard at the
said
property free from noxious weeds.
ID
4. 3
Every
owner or occupant
shall
keep
hedges
and trees
at the property
adjacent to a public sidewalk, walkway or roadway cut and trimmed so as to
allow
safe, unhindered
passage.
4. 4 Every owner or occupant of a corner lot shall keep hedges and trees within
the
sight
triangle
as
defined
in
the
Comprehensive
Zoning
By- law
as
amended, at a height no greater than 0. 5 meters.
4. 5 Every owner or occupant shall ensure that trimmings from the property are
not
left
on
roadways
intended
for
vehicular
use, public sidewalks or trails
intended for pedestrian traffic.
4. 6 Every owner or occupant shall keep all sodded and grass covered areas of
the property in a good living condition and properly maintained so as not to
present
an unsightly
appearance.
5.
STAGNANT
WATER
III
5. 1 Every owner or occupant shall keep their property free and clear of stagnant
water. This section shall not apply to property designated as Environmentally
Sensitive Policy Areas, Environmentally
Sensitive Landscapes or Provincially
Significant
Wetlands
as designated
in the
Official Plan or Environmental
Preservation
Areas
in
the Municipality
of Kincardines
Official
Plan, or to
marshes, swamps, bogs, and
fens, natural
bodies
of water, storm
water
retention ponds and recreational types of ponds.
6.
COMPOST HEAPS
6. 1
No owner or occupant shall permit composting of any kind other than in
accordance with this By-law.
6. 2 All
compositing
shall
be
carried
out
in
accordance
with
the
following
requirements:
a) a composting
heap shall be no larger than two square meters
and
1. 8
meters in height and shall be enclosed in such a manner so as to prevent
III
the
infestation
of
vermin
and
to
ensure
that
no
noticeable
and
objectionable
odors
are
created;
and
b) a compost heap shall not be located in a front or an exterior side yard; and
c) a compost heap shall not be located less than one meter from a property
line; and
Page
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Clean and Clear Yards By- law
By- law No. 2019 - 124
d) No domesticated
animal feces
shall
be placed
on
a compost
heap,
container or digester used for composting.
III7.
ADMINISTRATION AND ENFORCEMENT
7. 1 Where the Municipality
is satisfied
that a contravention
of this by- law has
occurred, the Officer may notify the owner or occupant or other person
responsible for the maintenance of the property, by delivering a Notice in the
form
attached
hereto
as Schedule " A" or in the form of an Order attached
hereto
as Schedule "
B", directing that the property be made to comply with
the provisions of this By- law within a defined period of time, but not less than
seventy two ( 72) hours from the date of the Notice. Said Notice or Order shall
be sent to the address
as shown on the last revised
assessment
rolls of the
Municipality by regular mail, or delivered personally to the owner, occupant
or person responsible for the property.
7. 2
An
officer
may
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 to do it, the matter or thing may be done at the person expense.
7. 3 In the event an Officer is unable to serve the Notice or Order by regular mail
or personally, the Notice or Order may be posted in a conspicuous place on
the property, and the placing of the Notice or Order shall be deemed to be
sufficient
service.
7. 4 Where the owner or occupant fails to comply with any final and binding Order
issued under this By- law, the Municipality may have the matter done and the
cost thereof, including an administration fee, shall be added to the property
tax roll for the property and collected
in the same manner of as municipal
taxes.
7. 5 The Municipality or its agent, is not liable to compensate the occupant, owner
or any other person
by reason
of anything
done
by or on behalf of the
Municipality
in the exercise of its powers carrying out compliance
with this
By- law.
7. 6 Where an officer deems a violation of this By- law to constitute a hazard to
the public, the officer may, without notice, cause the violation to be remedied
at the expense of the owner. The Municipality shall not be responsible for
IIIany damages that may be sustained by the property of the owner.
7. 7 Every person who contravenes
any provision
of this By- law is guilty of an
offence and upon conviction
is liable to the penalties as provided for in the
Provincial Offences Act, R. S. O. 1990, c. P. 33, as amended.
7. 8 Every person shall comply with an Order or Notice issued under the authority
of this By- law.
7. 9
No
person
shall
hinder
or
obstruct, or attempt
to
hinder
or obstruct, any
person who is exercising a power or preforming a duty under this by- law.
8.
OFFICERS
8. 1
The
Council
of
the
Municipality
shall
appoint
a
By- law
Officer
to
be
responsible for the administration and enforcement of this By- law.
8. 2
Pursuant
to section 435 and 436 of the Municipal Act, 2001, S. O. 2001, c. 25
III
as amended, an Officer may enter upon property at any reasonable time for
the purpose of carrying out inspections to determine whether the provisions
of this by- law are being complied with.
8. 3
If an article
of this By- law is for any reason
held to be invalid, the remaining
Page
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Clean and Clear Yards By- law
By- law No. 2019 - 124
articles shall remain in full force and effect until repealed.
8.4
This By- law shall come into full force and effect on the day of its passing.
111
8. 5 This By- law may be cited as the " Clean & Clear Yards By- law".
READ
a FIRST
and SECOND
TIME this
7th day of October, 2019.
READ
a THIRD TIME
and FINALLY PASSED this
7th day of October, 2019.
Mayor
Clerk
1
1111
1111
1111
Schedule " A"
NOTICE
Regarding:
Date Issued:
Issued
To:
Address Of Contravention:
An inspection of the above mentioned property revealed that a provision( s) of the Clean
and Clear Yards By- law is being contravened. You are hereby directed to correct the
following violation( s) within the time indicated below from the date issued on this
Notice.
Charges May be Forthcoming
if the violation
is not corrected within the time shown
below. This Notice does not authorize continuance of the violation(s).
MUNICIPAL
SECTION
VIOLATION( S) REMEDIAL
TO BE COMPLIED
BY- LAW
ACTION
WITHIN:
REQUIRED
Please
contact
the undersigned
if you wish to discuss
this matter further
with the
Officer.
Officer
name and signature:
Ill
III
Schedule " B"
ORDER
Regarding:
Date Issued:
Issued To:
Address
Of Contravention:
An inspection of the above mentioned property revealed that a provision( s) of the Clean
and Clear Yards By- law is being contravened. You are hereby directed to correct the
following violation(
s) within
calendar
days of the date issued
on this Order.
MUNICIPAL
SECTION
VIOLATION( S)
CORRECTIVE
ACTION
BY- LAW
TAKE NOTICE THAT the Municipal Act, 2001 S. O. 2001, c.25 as amended, authorizes
municipalities to direct that where an owner has defaulted, the municipality may have
the default remedied at the owners expense and add the cost to the tax roll. This Order
DOES NOT authorize continuance of the violation( s).
OFFENCE- Any person who contravenes any of the provisions of this by- law or who
fails to comply with the written Notice or Order of an Officer 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.
Officer
name
and signature:
OFFICE OF THE REGIONAL SENIOR JUSTICE
1"
yam
CABINET
DU JUGE
PRINCIPAL
REGIONAL
ONTARIO
COURT OF JUSTICE
MIMI.
COUR
DE JUSTICE
DE
L' ONTARIO
WEST REGION
ii\
k .
REGION
DE
L' OUEST
ar
80 DUNDAS STREET, 10`" FLOOR, UNIT L
iirOtY .
80, RUE DUNDAS, 10` ETAGE,
UNITE L
LONDON,
ONTARIO
N6A 6A8
LONDON(
ONTARIO)
N6A 6A8
TELEPHONE/
TELEPHONE(
519) 660- 2292
FAX/ TELECOPIEUR(
51 9) 660- 3138
December 12th, 2019
Dallas
Hewitt
J; ;`! 0
Municipal Administration
Centre
y,
1475 Concession
5 R. R. #
5
Kincardine, ON
N2Z
2X6
rr
Dear Mr. Hewitt:
Re: Set Fines - Provincial
Offences
Act - Part
I
By- law Number 2019- 124, of the Municipality of Kincardine
Enclosed
herewith
is an
original
Order, and
an
original
schedule
of set
fines
for
the
above
referenced
By- Law, the
By- law
indicated
in
the
schedule.
The setting of the fines does not constitute my approval of the short form
of wording used to describe the offences.
I have forwarded
the copy of the Order and the schedules of set fines to
the Provincial Offences Court in Owen Sound, together with a copy of the
By- law.
Yours truly,
p
11Il
J i E. LeRoy
Rional
Senior
Jus
ce
W- t Region
encl.
mg
PROVINCIAL OFFENCES ACT
Part
I
IT
IS ORDERED
pursuant
to the
provisions
of the
Provincial
Offences
Act
and the rules for the Ontario Court of Justice that the amount set opposite
each of the offences
in the schedule of offences under the Provincial
Statutes and Regulations thereunder and Municipal
By- law No. 2019- 124,
of the Municipality
of
Kincardine, attached
hereto
are the
set fines
for
those
offences. This Order is to take effect December 12th, 2019.
Dated at London this 12th day of December 2019.
IP
J
nine E. LeRoy
R
gional Senior Justice
West Region
The Municipality of Kincardine
Part
I Provencal
Offences
Act
Bylaw
No. 2019- 124: Clean &
Clear
Yards
Page 1 of 1
Item
COLUMN
1
COLUMN
2
COLUMN
3
Short form wording.
Provision
creating
or
Set fine
defining offence
1
Fail to keep property
Section
3. 1
150. 00
free from
refuse
or
debris
2
Fail to keep property
Section
3. 2
150. 00
free from infestations
3
Fail to keep property
Section
3. 3
150. 00
free from
hazards
4
Fail to keep property
Section
3. 4
150. 00
free from inoperative
vehicles
5
Fail to keep yard free
Section
4. 1
150. 00
of excessive
growth
6
Fail to remove
noxious
Section
4. 2
150. 00
weeds
7
Fail to maintain
Section
4. 3
150. 00
passage
8
Fail to maintain sight
Section
4. 4
150. 00
triangle
9
Fail to remove
Section
4. 5
150. 00
trimmings
10
Fail to maintain
sodded
Section
4. 6
150. 00
and grass
covered
areas
11
Fail to keep property
Section
5. 1
150. 00
free of stagnant
water
12
Fail to comply
with a
Section
7. 8
350. 00
Notice or Order
13
Obstruct
or Hinder
an
Section
7. 9
250. 00
Officer
The penalty provision for the offences indicated above is section 7. 7 of By- Law No. 2019- 124, a certified
copy
of which has been filed.