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The Corporation of the Town of LaSalle
By-law Number 8797
A By-law respecting the maintenance of
property
Whereas section 11 of The Municipal Act, 2001, S.O. 2001, c. 25 ("Municipal Act,
2001") provides that a municipality may pass By-laws respecting the social and
environmental well-being of the municipality, and the health, safety, and well-
being of persons;
And whereas section 127 of the Municipal Act, 2001 permits a municipality to
require an 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, and
to regulate when and how such matters shall be done, and for prohibiting the
disposal of Refuse or debris on land without consent of the Owner, as well as the
authority to define "Refuse" for the purpose of this By-law;
And whereas pursuant to section 128 of the Municipal Act, 2001, Council deems
standing water on property, Refuse on property, and an unkempt property a public
nuisance that may create a health and safety hazard for the public;
And whereas section 434.1 of the Municipal Act, 2001 authorizes a municipality
to require persons to pay an administrative penalty if the municipality is satisfied
that the person has failed to comply with a municipal By-law passed, subject to
conditions as the municipality considers appropriate;
And whereas section 429 of the Municipal Act, 2001 provides that a municipality
may establish a system of fines for offences under a By-law of the municipality
passed under the Municipal Act, 2001;
And whereas section 446 of the Municipal Act, 2001 permits a municipality to
direct or require that a matter or thing be done, such as maintaining land in a
clean and clear condition, and that the municipality may direct that in default of it
being done by the person directed or required to do so, it shall be done at the
person's expense with costs incurred by the municipality being recovered by
action or by adding the cost to the tax roll and collecting the cost in the same
manner as property taxes;
And whereas Council deems it desirable to pass a By-law for the maintenance of
land, and to prohibit the keeping of Refuse, standing water, and littering on public
and private land.
Now therefore the Council of the Corporation of the Town of LaSalle hereby
enacts as follows:
1.
Definitions
1.1
In this By-law:
a.
"Boulevard" shall mean the portion of a Highway in LaSalle that is
situated between the edges of a roadway, or shoulder where one
exists, and the adjoining property line;
b.
"By-law Enforcement Officer" means a municipal By-law Enforcement
Officer appointed by Council to enforce By-laws within the Town of
LaSalle;
c.
"Ground Cover" shall mean plants or shrubs characteristically forming
an extensive dense growth close to the earth;
d.
"Highway" shall mean a common and public Highway, street, avenue,
parkway, driveway, square, place, bridge, viaduct or trestle, 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, as defined in the Highway Traffic Act, RSO 1990, c H.8;
e.
"LaSalle" shall mean the geographical location of the Corporation of
the Town of LaSalle;
f.
"Motor Vehicles" shall include used motorized vehicles, travel trailers,
tractor-trailers, transport trailers, or parts thereof or accessories
thereto;
g.
"Order" means any notice of non-compliance issued pursuant to this
By-law;
h.
"Owner" shall mean the assessed Owner of the property and may also
include a lessee or occupant of the property;
i.
"Private Drain" shall mean a drain or sewer or part thereof situation
on private property;
j.
"Refuse" shall include any waste of any kind whatsoever, both
domestic and industrial, without limiting the generality of the foregoing
includes:
i.
inoperative or unlicensed vehicles, vehicle parts or
accessories;
ii.
paper, cardboard, wood, glass, cans, plastic, lumber, metal, or
wood products;
iii.
grass, weeds, trees, branches, leaves, earth, rubble, inert fill, or
rock fill;
iv.
materials resulting from, or as part of, construction or
demolition projects, such as piping, tubing, conduits, wires, or
other accessories;
v.
crockery, dishes, pots, or pans;
vi.
clothing, bedding or furniture;
vii.
small appliances, refrigerators, stoves, freezers, sinks, toilets or
other appliances;
viii.
chemicals or chemical products;
ix.
bones, feathers, hides; or
x.
sewage, including any liquid waste containing human, animal,
vegetable or mineral matter waste but does not include roof
water or storm run-off;
k.
"Shipping or Storage Container" shall mean an industrial,
standardized, reusable vessel that was:
i.
originally or formerly designed for or used in the packing,
shipping, movement or transportation of freight, articles, goods
or commodities; and
ii.
designed for or capable of being transported by being mounted
on a truck-trailer, truck, train or ship; and
iii.
a cargo container designed for the temporary movement and
storage of household goods;
l.
"Town" shall mean The Corporation of the Town of LaSalle;
Page 2 of 7
m.
"Waste Material" shall mean material that, in the opinion of the By-law
Enforcement Officer:
i.
appears to have been cast aside, discarded, or abandoned;
ii.
appears to be worthless, useless, or of no practical value; or
iii.
appears to be used up, in whole or in part, or expended or
worn out in whole or part;
2.
Property Maintenance
2.1
Every Owner of property shall ensure that Ground Cover, hedges, shrubs,
plantings, and all other landscaping on a property shall be maintained in a
neat, tidy, and healthy condition that is not unsightly or unreasonably
overgrown, as deemed by the By-law Enforcement Officer, and does not:
a.
obstruct or interfere with the health and safety of the public; or
b.
wholly or partially conceal or interfere with the use of any public
infrastructure.
2.2
Every Owner of property shall keep the property maintained free of weeds
and unkempt grass, of which the grass and weeds shall be no more than
eight (8) inches in height, as well as any conditions on the property that
may create a health, safety, or accident hazard.
2.3
Every Owner of property shall maintain Boulevard areas along the front or
side yard of the property, which includes the removal of weeds and grass
that is no more than eight (8) inches in height.
2.4
Notwithstanding section 2.2 and 2.3 of this By-law, weed removal or grass
that is no more than eight (8) inches in height may be permitted:
a.
on lands zoned agricultural, natural environment, deferred urban,
recreation, floodway within the Town, per the Town's Comprehensive
Zoning By-law, as amended from time to time;
b.
on golf courses within the Town;
c.
on lands designated as "Provincially Significant Wetlands" by the
Ministry of Natural Resources and Forestry; or
d.
on any private or public property within the Town that has been left
fallow and has been determined, at the sole discretion of the Town, to
be a possible habitat for any animal or plant within the Endangered
Species Act, 2007.
2.5
Every Owner shall maintain swimming pools, hot tubs, and artificial ponds
on his or her private property in operating condition and in a good state of
repair.
a.
All pools shall be open and operational by the 15th day of June;
b.
Notwithstanding the provisions of 2.5(a) above, if the pool is not open
and operational, any standing water must be treated to prevent
insects, and/or the pool must be pumped to prevent standing water
from occurring.
Page 3 of 7
3.
Refuse
3.1
Every Owner of property shall keep their land clear of Refuse or Waste
Material of any kind. Exemptions include:
a.
any land used by the Town for the purpose of dumping or disposing of
Refuse or Waste Material of any kind; or
b.
land designated by a Town By-law for the purpose of dumping or
disposing of Refuse or Waste Material of any kind.
3.2
No person shall cause, permit, throw, place or deposit Refuse on private
property or Town-owned property or Highway.
3.3
A person is not in breach by placing garbage or recycling out for collection
on their property in accordance with the Town of LaSalle's Collection of
Garbage By-law and the Town of LaSalle garbage collection schedule.
3.4
No person shall throw, blow, place or deposit leaves, grass clippings, dirt,
or snow on a Highway, sidewalk or on unauthorized private property.
4.
Drainage
4.1
No Owner shall permit surface runoff to drain onto adjacent property,
unless authorized by agreement to do so.
4.2
Every Owner shall keep their property free of standing water and drained.
5.
Vehicles
5.1
No person shall use any land in the municipality for storage of a used
Motor Vehicle that appears, by reason of age, appearance, mechanical
condition, or lack of a license plate, to be inoperative or not used, or to
store any automotive or mechanical parts, pursuant to s.131 of the
Municipal Act, 2001, unless within an enclosed structure or authorized
under the Town's Comprehensive Zoning By-law, as amended from time to
time, or another Town By-law.
5.2
No person shall use any land or structure in the Town for sorting or storing
of vehicles, trailers, boats, or used Motor Vehicles for wrecking or
dismantling them for the purpose of salvaging parts thereof for sale or other
disposal, unless authorized under the Town's Comprehensive Zoning By-
law, as amended from time to time, or another Town By-law.
6.
Storage
6.1
No Person shall use lands zoned agricultural or residential under the
Town's Comprehensive Zoning By-law for the storage of Shipping or
Storage Containers unless:
a.
there is only one (1) such container on a driveway at a time;
b.
permitted for no more than sixty (60) days before or after a sale of a
property, or for the length of time required to support a construction
project provided that:
i.
it will not cause risk to the health or safety of any person;
ii.
it will be maintained in such a manner as to not become
malodorous or attract rodents or vermin;
iii.
all construction related to shipping and storage containers are
permitted only on the property of which construction is taking
place; and
Page 4 of 7
iii.
it will be removed following completion of the construction
project.
6.2
A person shall obtain a building permit for a Shipping-Storage Container as
an accessory structure in accordance with the Town's Comprehensive
Zoning By-law for the purpose of permanent storage.
7.
Inspection
7.1
A By-law Enforcement Officer may enter onto land and inspect any land to
determine whether the provisions of this By-law or an Order issued under
this By-law have been complied with, in accordance with s. 435 of the
Municipal Act, 2001, and a By-law regarding contraventions of municipal
by-laws and powers of entry by the Town of LaSalle, as amended from
time to time.
7.2
A By-law Enforcement Officer may inspect any property for the purpose of
determining whether:
a.
the land is being used for the dumping or disposing of Refuse or
Waste Material of any kind;
b.
the land is used for the storing of a used Motor Vehicle referenced in
section 5.1 of this By-law; or
c.
the Owner has complied with an Order or penalty issued under this
By-law.
8.
Obstruction
8.1
No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person who is exercising a power or performing a duty under this By-law as
authorized by section 426 of the Municipal Act, 2001.
9.
Order
9.1
A By-law Enforcement Officer may, by an Order to the Owner of the land
delivered personally, or posting the Order on the property, or by sending
the Order by registered mail, require that the Owner of the property do the
matter set out in the Order within the specified time frame, at the Owner's
expense.
9.2
Every Order sent by registered mail shall be sent to the address shown on
the most recent assessment roll and will be deemed as delivered on the
eighth (8th) day after the date of mailing.
9.3
The Order issued by the By-law Enforcement Officer shall identify the land
that is subject to the Order.
9.4
If the Owner fails to comply with an Order issued under this By-law, a By-
law Enforcement Officer may issue a continuing Order directing or requiring
the Owner to comply with the Order of the Town will attend the property to,
at the Owner's expense, to ensure the Order is complied with for the
remainder of that calendar year without any further Order issued.
9.5
If the Owner received a continuing Order in the previous calendar year, and
the Owner failed to comply with the continuing Order, the By-law
Enforcement Officer may issue a continuing Order for the current calendar
year without first issuing any other Order.
9.6
Any matter or thing removed from the Owner's land during the process of
ensuring compliance with the issued Order or continuing Order by the
Town will be immediately disposed of by the Town.
9.7
The Town shall recover the costs of doing the matter or action set out in
the Order by a Court action, or by adding the amount of the cost to the tax
Page 5 of 7
roll of the Owner of the property, with an additional administrative fee and
interest fee from the day the Town incurs the costs to the day the costs are
paid in full, as established by the Town's User Fee By-law, as amended
from time to time.
10.
Enforcement
10.1 Where an Owner or person is in default of doing the matter or action
required to be done by the Order issued under this By-law, the By-law
Enforcement Officer may enter upon the land at any reasonable time to do
the matter or action at the Owner's expense and add the amount to the
Owner's taxes.
10.2 The Town may register a Notice of Lien against the property for the amount
of costs for completing the matter set out in the Order, which Notice shall
constitute a lien upon the Owner's property once registered in the Land
Registry Office.
10.3 Every Owner or person who contravenes any provision of this By-law is
guilty of an offence and is liable upon conviction of a fine of not more than
$5,000.00, exclusive of costs, for each and every offence. Each day that
the said offence is committed, or permitted to continue, shall constitute a
separate offence and may be punishable as such. Each fine and cost shall
be recoverable under the Provincial Offences Act, R.S.O. 1990, Chapter P.
33 ("Provincial Offences Act"), as amended.
10.4 Each Owner who contravenes any provision of this By-law shall, upon
issuance of a penalty notice in accordance with the Administrative
Monetary Penalty Program By-law, in effect at that time, be liable to pay
the Town an Administrative Monetary Penalty.
10.5 If an Owner is required to pay an Administrative Monetary Penalty with
respect to a contravention of a provision of this By-law, the Owner shall not
be charged with an offence under the Provincial Offences Act with respect
to the same contravention. Subsequent contraventions may be charged as
an Administrative Penalty or an offence under the Provincial Offences Act.
11.
Conflict
11.1 Where there is a conflict between a provision of this By-law and a provision
of any other Town By-law, the provision that establishes the highest
standards to protect the health and safety of the public shall prevail.
11.2 Where the provisions of this By-law conflict with any other Act, the
provisions of the provincial or federal act shall prevail.
12.
Short Title
12.1 This By-law may be referred to as the "Clean Yard By-law".
13.
Repeal and Enactment
13.1 By-law 7840 A By-law to Provide for the Maintaining of Land in a Clean and
Clear Condition, passed by Council on December 15, 2015, is hereby
repealed once this By-law takes force and effect.
13.2 Any By-laws or provisions in any By-laws inconsistent with this By-law is
hereby repealed.
13.3 This By-law comes into force and effect on the day of the final passing
thereof.
Page 6 of 7
Read a first and second time and finally passed this 12 day of September, 2023.
1st Reading - September 12, 2023
2nd Reading - September 12, 2023
3rd Reading - September 12, 2023
________________________________
Mayor
________________________________
Clerk
Page 7 of 7