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THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON
BY-LAW 840-08
Being a by-law to prescribe standards for
the maintenance of land.
WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended (herein
"the Act") authorizes a municipality to pass a by-law requiring owners of lands to clean and clear
the land and regulate how this shall be done;
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 MUNICIPALITY OF LEAMINGTON
ENACTS AS FOLLOWS:
Definitions
1. In this by-law:
a)
"grass" includes, but is not limited to, species commonly known as Bluegrass, Fescue
Grasses, Ryegrass and Bentgrasses.
b)
"municipal law enforcement officer" shall mean a municipal law enforcement officer
appointed by by-law of the municipality.
c)
"municipality" means The Corporation of the Municipality of Leamington.
By-law 840-08 - Land Maintenance 2
d)
"owner" means the registered owner, and includes a tenant, occupant or other person in
possession of the property.
e)
"property" means any lands within the municipality that are privately owned, except for
any lands for which the municipality has issued a current licence pursuant to the
municipality"s salvage yard by-law.
f)
"refuse" includes, but is not limited to:
i)
any waste material;
ii)
wrecked, dismantled, discarded or abandoned machinery, vehicles, trucks
or boats;
iii)
dead, decayed or damaged trees, brush or other natural growth.
g)
"weeds" include, but is not limited to, all noxious weeds and local weeds designated
under the Weed Control Act.
Administration
2. The Director of Corporate Services and any person designated as a municipal law enforcement
officer shall be responsible for the administration and enforcement of this by-law.
Land Maintenance Standards
3. Every owner of a property shall cut and maintain all grass and weeds, or any combination
thereof, on the property to a height not exceeding eight inches (metric - 20 centimetres).
4. Every owner of a property shall maintain the property clean of all refuse and debris.
5. Every owner of a property shall maintain the property in a neat and tidy condition.
6. Every property owner shall maintain the property free of deep ruts and holes and free of
ponding water.
7. Every owner of a property who is served with a work order pursuant to the terms of this by-law
shall comply with the terms of the work order within the time frame provided therein.
By-law 840-08 - Land Maintenance 3
Enforcement
8. Where any property is not maintained in accordance with the requirements of Sections 3, 4, 5
or 6 of this by-law, a municipal law enforcement officer may issue a work order to the owner of
the property to require the property be brought into compliance with the by-law.
9. The work order shall be served upon the owner either:
a) personally, or
b) by prepaid first class mail or registered mail to the owner's address as noted on the
assessment roll. Service by prepaid first class mail shall be deemed to be effective on
the fifth day after the work order is mailed.
10. Where an owner who has been served with a work order issued pursuant to Section 8 of this
by-law fails to comply with the work order within the time prescribed, a municipal law
enforcement officer or any authorized agent acting on behalf of the municipality may enter onto
the property at any reasonable time and carry out the work described in the work order.
Recovery of Costs
11. Where the municipality has carried out the work pursuant to Section 10 of this by-law, the
expenses incurred by the municipality in completing the work in addition to any other remedy,
may be added to the tax roll for the property and collected in the same manner as taxes.
Offences
12. Every person who contravenes any provision of this by-law is guilty of an offence and is liable,
upon conviction, to a maximum fine as established pursuant to the Provincial Offences Act,
R.S.O. 1990, c. P. 33.
13. An offence for violation of Sections 3, 4, 5, 6 or 7 of this by-law is designated as a continuing
offence pursuant to Section 429 of the Act.
Short Title
14. This by-law may be referred to as the land maintenance by-law.
By-law 840-08 - Land Maintenance 4
Effect
15. This by-law will take effect and come into force upon its enactment.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY ENACTED THIS 14th DAY
OF APRIL, 2008.
Signature on file
_____________________________
JOHN ADAMS, Mayor
Signature on file
_____________________________
BRIAN R. SWEET, Clerk
ONT ARlO COURT OF JUSTICE
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. 840-08, of the Municipality of Leamington,
attached hereto are the set fines for those offences. This Order is to take effect May
26, 2008.
Date~n
this 26'" day of May 2008.
athle~~--
Regional Senior Justice
West Region
Schedule "B" to Report CL/09/08
Set Fine Schedule
THE CORPORATION OF THE MUNICIPALITY OF LEAMINGTON
Part 1 Provincial Offences Act
By-law 840-08
: Being a by-law to prescribe standards for the
maintenance of land.
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision Creating or
Defining Offence
COLUMN 3
Set Fine
1
Fail to cut and maintain grass
Section 3
$125.00
2
Fail to cut and maintain weeds
Section 3
$125.00
3
Fail to cut and maintain grass and
weds
Section 3
$125.00
4
Fail to maintain property clean of
refuse
Section 4
$125.00
5
Fail to maintain property neatly
Section 5
$125.00
6
Fail to maintain the property free
of deep ruts and holes.
Section 6
$125.00
7
Fail to maintain property free of
ponding water.
Section 6
$125.00
8
Fail to comply with work order
Section 7
$125.00
Penalty Provision for the offences indicated above in Section 12 of By-law 840-08, a certified
copy of which has been filed.