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THE CORPORATION OF THE TOWNSHIP OF LAIRD
By-law Number 1090-23
BEING A BY-LAW FOR THE GOVERNANCE OF YARD MAINTENANCE IN THE
TOWNSHIP OF LAIRD.
WHEREAS Section 9 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality has the capacity, rights, powers and privileges of a natural
person for the purposes of exercising its authority under the Municipal Act, 2001 or
any other Act;
AND WHEREAS Sections 8, 9 and 11 of the Municipal Act, 2001 permits a
municipality to pass By-laws necessary or desirable for municipal purposes, and in
particular paragraphs 5, 6 and 8 of Subsection 11 (2), authorize By-laws respecting
the economic, social and environmental well-being of the municipality, the health,
safety and well-being of persons, and the protection of persons and property;
AND WHEREAS Section 127 of the Municipal Act, 2001 permits a municipality to
pass By-laws requiring an owner or occupant of land to clean and clear the land, not
including buildings; to clear refuse or debris from the land, not including buildings; for
regulating when and how such matters shall be done; for prohibiting the disposal of
refuse or debris on land without the consent of the owner or occupant of the land; and
for defining "refuse";
AND WHEREAS Section 131 of the Municipal Act, 2001, permits a municipality to
prohibit and regulate the use of any land for the storage and leaving 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 permits a municipality to
pass By-laws providing that any person who contravenes any By-law of the
municipality passed under the Municipal Act, 2001 is guilty of an offence;
AND WHEREAS Section 429 of the Municipal Act, 2001 permits a municipality to
establish a system of fines for offences under a By-law of the municipality passed
under the Municipal Act, 2001;
AND WHEREAS Section 436 of the Municipal Act, 2001 permits a municipality to
pass By-laws providing that the municipality may enter on land at any reasonable time
for the purpose of carrying out an inspection to determine whether or not a By-law
passed under the Municipal Act, 2001, or a direction or order made under such a
bylaw are being complied with;
AND WHEREAS section 439 of the Municipal Act, 2001 provides that the owner of a
vehicle is guilty of an offence even if the owner is not the driver of the vehicle,
AND WHEREAS Subsection 444(1) of the Municipal Act, 2001 permits a municipality,
if satisfied that a contravention of a By-law of the municipality passed under the
Municipal Act, 2001 has occurred, to make an order requiring the person who
contravened the By-law or who caused or permitted the contravention, or the owner
or occupier of the land on which the contravention occurred, to discontinue the
contravening activity;
AND WHEREAS Subsection 445(3) of the Municipal Act, 2001 permits a municipality
to require that work be done pursuant to Subsection 445( 1) even though the facts
which constitute the contravention of the By-law were present before the By-law
making them a contravention came into force;
AND WHEREAS Subsection 446(1) of the Municipal Act, 2001 provides that if a
municipality has the authority under the Municipal Act, 2001 or any other Act, or under
a By-law under the Municipal Act, 2001 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 WHEREAS Subsection 446(2) of the Municipal Act, 2001 provides that a
municipality may enter upon land at any reasonable time for the purposes of
Subsection 446(1 );
AND WHEREAS Subsection 446(3) of the Municipal Act, 2001 permits a municipality
to recover the costs of doing a matter or thing under Subsection 446(1) 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 THEREFORE the Corporation of the Township of Laird HEREBY ENACTS AS
FOLLOWS:
1.
Definitions
In this by-law:
"By-law Enforcement Officer" means a By-law Enforcement Officer or their
designate being a "provincial offences officer" as defined in the Provincial
Offences Act R.S.O. 1990 c.P.33, as amended.
"Corporation" or "Municipality" means the Corporation of the Township of Laird
"Debris" includes refuse, waste, discarded materials or garbage of any kind
whatsoever and includes, whether of value or not:
a) Accumulations of litter, remains, garbage, rubble, waste, construction
material
b) Weighty or bulky items such as appliances, furnaces, furnace parts, pipes,
pipe fittings, water or fuel tanks placed in a condition or location where they
cannot or are not being used for their intended purposes
c)
Paper, boxes, cartons
d) Dilapidated or abandoned furniture
e) Crockery, glass, cans, containers
f)
Garden refuse and trimmings
g) Post-construction and demolition project building materials
h) Domestic, commercial and industrial waste
i)
Earth or rock fill
j)
Mechanical equipment or equipment parts placed in a condition or location
where they cannot be used for their intended purposes, or
k)
Clothing or other household linens lying in an unprotected condition.
"Inoperative vehicles" means stored licensed or unlicensed motor vehicles,
trailers, boats, snowmobiles being derelict and having missing, damaged,
deteriorated or removed parts including, but not limited to wheels, motor
transmission, doors, glass or other parts or mechanical equipment necessary for
its safe operation.
"Owner" includes the owner in trust, a mortgagee in possession, the person for
the time being, managing or receiving the rent of the property in connection with
which the word is used whether on their own account, or as agent or trustee of
any other person, or would receive the rent if the property was let, and shall also
include 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.
"Property" means a building or structure or part of a building or structure, and
includes the lands and premises appurtenant thereto and all mobile homes,
mobile buildings, mobile structures, outbuildings, fences and erections thereon
whether heretofore or hereafter erected and includes vacant property.
"Yard" means a space, appurtenant to a building or structure, located on the same
property as the building or structure, and which space is open, uncovered and
unoccupied from the ground to the sky except for such accessory buildings,
structures or uses as are specifically permitted.
2.
Every owner shall ensure that their yard, including vacant lots, is kept clean and
free from:
a) Grass in excess of 20 cm
b) Heavy undergrowth and excessive growth of weeds, bushes, and hedges
c)
Dead, decaying or damaged trees or other natural growth, or branches or
limbs that create an unsafe condition
d) Dead decaying or damaged trees or other natural growth or branches or limbs
e) Debris that constitutes an unsafe condition
f)
Debris
g) Broken glass from any source including glass from windows, doors and
vehicles
h) Holes, pits, excavations or trenches constituting an unsafe condition
i)
Inoperative, wrecked or dismantled vehicles or other machinery or any part
thereof, except in an establishment licensed or authorized to conduct and
operate such a business
j)
Damaged structures that are dilapidated, collapsed, abandoned or partially
constructed
k)
Damaged fences that are dilapidated, collapsed, abandoned or partially
constructed
I)
Abandoned or discarded appliances such as refrigerators, stoves and
freezers
m) Post-construction or -demolition material resulting from, or as part of,
construction or demolition projects
3.
Where a yard is in any of the aforementioned conditions, the Corporation shall
notify the owner of the property in writing of the breach of a condition of this by-
law.
a) The owner shall have minimum of ten (10) days to bring the yard into
compliance with the provisions of this by-law.
i.
The owner
may request from the By-law Enforcement Officer or
designate an extension of time to achieve compliance.
ii.
The By-law Enforcement Officer or designate may extend compliance for
a reasonable time.
iii.
The reasonable time for compliance shall be determined by the
By-law Enforcement Officer or designate.
4.
After a reasonable time and in accordance withs. 436 of the Municipal Act, 2001,
the By-law Enforcement Officer or designate or agent of the Corporation may
enter onto the property for an inspection for the purpose of determining if
compliance has been achieved.
5.
If, after an inspection under s.4 and after such a reasonable time to achieve
compliance as set out in s.3 has passed, the By-law Enforcement Officer or
designate determines that the property or any portion thereof remains in a non-
compliant condition, the Corporation may enter the property and perform the work
necessary or authorize the entry and performance of the work. The work shall be
done at the expense of the owner of the property and the cost of such work and
any associated administrative fees shall be then due and payable to the
Corporation that shall recover the expense in the same manner as municipal
taxes.
6.
No person shall hinder or obstruct, nor attempt to hinder or obstruct, either directly
or indirectly, the By-law Enforcement Officer or designate or agent of the
Municipality in the lawful exercise of a power or duty under this by-law.
7.
No person shall provide false information or give a false statement to a By-law
Enforcement Officer or designate or agent of the Municipality in the lawful
exercise of a power or duty under this by-law.
8.
Every person shall comply with any Order or Notice issued under the authority of
this by-law.
9.
Without limiting s.5, the Corporation may, in conjunction with bringing the property
and yard into compliance with this by-law, proceed with prosecution of the Owner
for breach of the terms of this by-law.
10. 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.33, as amended.
11. If any provision or article of this by-law is for any reason found to be invalid by a
court of competent jurisdiction, the provision or article found to be invalid shall be
severed from the by-law and the remaining provisions or article shall remain in
effect until repealed.
12. It is hereby declared that each and every of the foregoing provisions of this by-law
is severable and that, if any provisions of this by-law should, for any reason, be
declared invalid by any court, of competent jurisdiction, it is the intention and
desire of the Council of the Municipality of each and every of the then remaining
provisions hereof shall remain in full force and effect.
13. Where a provision of this by-law conflicts with the provisions of another by-law,
Act, Regulation in force within the Municipality, the provision, which establishes
the higher standards to protect the health, safety and welfare of the occupants
and the general public, shall prevail.
14. This by-law may be referred to as "The Yard Maintenance By-law".
15. Effective Date
This by-law takes effect on the day of its final passing.
Passed in open meeting this 20th day of July, 2023.
Mayor __ .,__ _________ _ _
Clerk
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