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Township of Lucan Biddulph
By-law 13 of 2026
"Tidy Yard By-law"
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The Township of Lucan Biddulph
By-law No. 13-2026
Being a by-law to provide for the filling up, draining, cleaning and clearing of land,
and the clearing of refuse from land within the Township of Lucan Biddulph
(Tidy-Yard By-law)
SECTION
PAGE
Section 1 - Definitions
4
Section 2 - Short Title
7
Section 3 - Scope and Application
7
Section 4 - Property Requirements
7
Section 5 - Stormwater, Ponding, Runoff
8
Section 6 - Composting, Waste and Recycling Collection
9
Section 7 - Exemptions
9
Section 8 - Enforcement
9
Section 9 - Orders
10
Section 10 - Service
11
Section 11 - Remediation
11
Section 12 - Offences
12
Section 13 - Rebuttable Presumption
12
Section 14 - Municipality Not Liable
12
Section 15 - Validity and Severability
12
Section 16 - General Provisions
13
Section 17 - Repeal and Transition
13
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Township of Lucan Biddulph
BY-LAW NO 13-2026
Being a by-law to provide for the filling up, draining, cleaning and
clearing of land, and the clearing of refuse from land within
the Township of Lucan Biddulph, County of Middlesex
WHEREAS Sections 8 and 9 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended
("Municipal Act, 2001"), respectfully provide that the powers of a municipality shall be
interpreted broadly and provide that a municipality has the capacity, rights, powers and
privileges of a natural person for the purpose of exercising its authority under it or any other Act;
AND WHEREAS Subsection 8(3) of the Municipal Act, 2001, provides that a by-law passed
under section 11 respecting a matter may regulate or prohibit and, as part of the power to
regulate or prohibit respecting the matter, may require a Person to do things respecting the
matter, or may provide for a system of licences respecting the matter;
AND WHEREAS Subsection 11(1) and 11(2) and 11(3) of the Municipal Act, 2001 authorize a
municipality to provide any service or thing it considers necessary or desirable, including by-
laws respecting the health, safety and well-being of persons, drainage and flood control, and
waste management;
AND WHEREAS Section 127 of the Municipal Act, 2001, provides that a municipality may
define "refuse" for the purpose of the by-law, may prohibit the depositing of refuse or debris on land,
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, and the municipality may regulate
when and how matters required under the by-law may be done;
AND WHEREAS Section 128 of the Municipal Act, 2001, provides that a municipality may
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, provides that a local municipality may
prohibit and regulate the use of any property 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 Subsection 425(1) of the Municipal Act, 2001, provides that a Municipality may
pass by-laws providing that a person who contravenes a by-law of a Municipality passed under
this act is guilty of an offence;
AND WHEREAS Section 425(3) of the Municipal Act, 2001, provides that a Municipality may
pass a by-law providing that a director or officer of a corporation who knowingly concurs in the
contravention of a by-law by the corporation is guilty of an offence;
AND WHEREAS Section 429 of the Municipal Act, 2001, grants the municipality the authority to
establish a system of fines for offences under a by-law of the municipality passed under the Act;
AND WHEREAS Section 431 of the Municipal Act, 2001, allows, upon a conviction, a court of
competent jurisdiction to make an order that the offence not be continued or repeated;
AND WHEREAS Subsection 436(1) of the Municipal Act, 2001, grants the municipality the
authority to enforce by-laws and enter properties for inspection purposes, ensuring compliance
with a by-law passed under the Act;
AND WHEREAS Subsection 436(2) of the Municipal Act, 2001, provides that a by-law passed
under section 436(1) of the Act may provide for the powers of inspection of the municipality that
can be exercised for the purposes of an inspection;
AND WHEREAS Section 444 of the Municipal Act, 2001, provides that a municipality may issue
an order to discontinue a contravention of a by-law passed under the Act;
AND WHEREAS Section 445 of the Municipal Act, 2001, provides that a municipality may issue
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an order to do work to correct a contravention of a by-law passed under the Act;
AND WHEREAS Section 446 of the Municipal Act, 2001, authorizes a municipality to require a
person to do a matter or thing and, in default of it being done by the person directed or required
to do it, the matter or thing shall be done at the owners expense, the cost of which may be
recovered by adding the cost to the tax roll, and the municipality may enter upon land at any
reasonable time for the purpose of doing the matter or thing;
AND WHEREAS the Council of the Corporation of the Township of Lucan Biddulph deems it
necessary for the health, safety and welfare of the inhabitants to enact a by-law requiring
owners and occupants of land to maintain their land free from refuse, debris, excessive growth
of grass and weeds and conditions which may pose an unsafe condition;
AND WHEREAS it is the opinion of the Council of the Corporation of the Township of Lucan
Biddulph that the failure to clear refuse and debris from land and the excessive growth of grass
and weeds may pose a public nuisance, including the spread of vermin, to the inhabitants of the
municipality;
THEREFORE, the Council for the Corporation of the Township of Lucan Biddulph enacts as
follows:
1.
DEFINITIONS
1.1 In this by-law, the following definitions shall apply:
(a)
"Agricultural Purposes" means that the Land used for cultivating soil, producing
crops or for the raising of livestock as an "agriculture operation" as defined in the
Farming and Food Production Protection Act, 1998, S.O. 1998, c.1, but does not
include the portion of Land used as a woodlot;
(b)
"Buffer Strip" means a border of a minimum of 0.9 m wide that delineates a
Wildflower Meadow or Naturalized Area;
(c)
"Building" means:
(i)
a structure occupying an area greater than ten square metres consisting of a
wall, roof and floor or any of them or a structural system serving the function
thereof including all plumbing, works, fixtures and service systems
appurtenant thereto,
(ii)
a structure occupying an area of ten square metres or less that contains
plumbing, including the plumbing appurtenant thereto,
(iii)
plumbing not located in a structure,
(iv)
a sewage system, or
(v)
structures designated in the building code as defined in the Building Code
Act, 1992, S.O. 1992, c. 23, as amended;
(d)
"Clear" means the removal of stock piles of soil or other aggregate material not
required to complete the grading of the lot on which the stock pile is located, and
includes the draining, the treatment and/or the disposing of a body of standing water
on any Property where the body of standing water poses a health or safety hazard, is
malodorous or is a breeding place for mosquitoes;
(e)
"Compost' or "Composting" means the natural decomposition, in a composter,
heap or digester, of organic material to produce humus, and is comprised of the
following materials only: leaves, Grass, shrub and hedge clippings, house and garden
plants, branches, all fruits and vegetable matter, coffee grounds, filters, tea bags, egg
shells, pasta and bread;
(f)
"Composting Container" means the holding unit used to store yard, garden and
household Waste for the purpose of Composting;
(g)
"Council" means the Council of the Corporation of the Township of Lucan
Biddulph;
(h)
"Debris" means any material including, but is not limited to, tires, Inoperable
Motor Vehicles, motor vehicle parts, mechanical equipment, dilapidated boats, kitchen
appliances, furniture, containers of any kind, grass clippings, tree cuttings, brush,
leaves, garden refuse, new or used material resulting from or for the purpose of
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construction, alteration, repair or demolition of any Building or structure, effluent,
discard or garbage of a type arising from industrial or commercial operation, or
belonging to or associated with industry or commerce or industrial or commercial
Property. Any material, item, or thing does not cease to be Debris by reason that it
may be commercially saleable or recyclable;
(i)
"Environmental Protection Act" means the Environmental Protection Act,
R.S.O. 1990, c. E.19, as amended;
(j)
"Fees and Charges By-law" means the Corporation of the Township of Lucan
Biddulph By-law No. 52-2025, as amended;
(k)
"Fence By-law" means the Corporation of the Township of Lucan Biddulph By-
law No. 20-2017, as amended;
(l)
"Fill" means soil, subsoil, Topsoil, stone, sod, rock, Rubble, clay, sand, gravel,
organic material or other such material, either singly or in combination and includes
hydro-vacuum truck slurry and slurry by-product that is transported and is capable of
being removed or deposited on lands; it may or may not be compacted;
(m) "Grass" means all forms, types and species of grass, or any other plant material;
(n)
"Inoperable Motor Vehicle" means a Motor Vehicle, having missing, damaged,
deteriorated or removed parts of, including, but not limited to, wheels, motor,
transmission, doors, glass or other parts or mechanical equipment necessary for its
safe operation;
(o)
"Land" means immovable real property, and includes yards, vacant lots or any part
of a lot which is not a Building within the Municipality;
(p)
"Motor Vehicle" includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power; but does not include the cars of
electric steam railways, or other motor vehicles running only upon rails, or a motorized
snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or
road building machine within the meaning of the Highway Traffic Act, R.S.O. 1990, c.
H.8, as amended;
(q)
"Municipal Act, 2001" means the Municipal Act, 2001, S.O. 2001, c. 25, as
amended
(r)
"Municipality" means the Corporation of the Township of Lucan Biddulph;
(s)
"Naturalized Area" means a portion of a lot 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;
(t)
"Occupant" means any Person or Persons over the age of eighteen (18) years in
possession of or occupying a Property;
(u)
"Officer" means any police officer, a by-law enforcement officer, building
inspector or Chief Building Official as appointed by the Council;
(v)
"Owner" includes:
(i) The registered owner of the Property;
(ii) The Person, for the time being, managing or receiving the rent from a Building on
the Property, whether on the Person's own account or as agent or trustee of any
other Person, or who would receive the rent if the Building on the Property were
let; and,
(iii) A lessee or Occupant of a Building on the Property who, under the terms of a
lease, is required to repair and maintain the Property in accordance with the
standards set out in this by-law.
(w) "Perennial Garden" means an area deliberately implemented to produce ground
cover, including wildflowers, shrubs, perennials, ornamental grasses or combinations
of them, but does not include a Wildflower Meadow or a Naturalized Area;
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(x)
"Person" means an association, corporation, firm, individual, partnership, trust
organization, trustee or agent and the heirs, executors, administrators and other legal
representatives of a person to whom the context can apply according to law;
(y)
"Pond" or "Ponding" means the accumulation of surface water in the area not
having drainage therefrom;
(z)
"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 Land;
(aa) "Pests" means rodents, vermin or insects;
(bb) "Refuse" means any article, thing, matter, substance or effluent that:
(i) has been cast aside, discarded, discharged or abandoned whether it has any
value or not;
(ii) has been used up, in whole or in part, whether of any value or not, or;
(iii) has been expended or worn out in whole or in part whether of any value or not;
and
(iv) shall include Debris.
(cc) "Roof Water" means rainwater that has fallen onto a roof of a Building or
structure and which reaches ground level by a downspout or any other means;
(dd) "Rubble" includes, but is not limited to, broken concrete, bricks, broken asphalt,
patio or sidewalk slabs;
(ee) "Runoff" means Stormwater that has drained away from the surface of Land, a
Building or structure;
(ff)
"Solid Waste Management By-law" means the Corporation of the Township of
Lucan Biddulph By-law No. 31-2012, as amended;
(gg) "Storage Container" includes, but is not limited to, waste containers, shipping
containers, rail containers, transportation containers or any part of a cube van used for
storage on a Property;
(hh) "Stormwater" means water that has fallen as or been obtained from rain;
(ii)
"Stormwater Management Pond" means an artificial pond that is designed to
collect and hold Stormwater that has been approved by the Municipality;
(jj)
"Unlicensed Motor Vehicle" means a Motor Vehicle that lacks a currently
validated permit for the Motor Vehicle within the meaning of the Highway Traffic Act,
R.S.O. 1990, c. H.8, as amended;
(kk) "Waste" means garbage, special collection materials, recyclable materials,
organic materials, yard waste;
(ll)
"Water Garden" means a garden that features a water feature including, but not
limited to, a pond or other such container of water as its central element and may
include aquatic plants and fish;
(mm) "Weeds" means all noxious and local weeds designated as such under Ontario
Regulation 1096, R.R.O. 1990, made under the Weed Control Act, R.S.O. 1990, C.W.
5, as amended;
(nn) "Wildflower Meadow" means a specialized habitat within a Naturalized Area,
which is dominated by native species of flowers and grasses;
(oo) "Woodlot" means an area of trees in excess of 0.2 hectares;
(pp) "Yard" means the Land, other than publicly owned Land, within the boundary lines
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of a Property around and appurtenant to the whole or any part of a Building and used or
intended to be used, or capable of being used in connection with the Building;
(qq) "Zoning By-law" means the Corporation of the Township of Lucan Biddulph
Zoning By-law 100-2003, as amended.
2.
SHORT TITLE
2.1 The short title of this by-law is the "Tidy Yards By-law".
3.
SCOPE AND APPLICATION
3.1 The provisions of this by-law apply to the entire geographic area of the Municipality
except Lands identified in the Zoning By-law that permit a use prohibited by this by-law
or are used for Agricultural Purposes.
3.2 Where other by-laws in force in the Municipality, statutes, or regulations prescribe
standards of maintenance, the provisions that establish the higher standard shall prevail.
4.
PROPERTY REQUIREMENTS
4.1
No Person shall allow, cause or permit the accumulation or presence of Debris, garbage,
Refuse, Rubble, Waste on private Property unless authorized by the Zoning By-law.
4.2
No Owner shall allow, cause or permit Grass to grow more than 20 centimetres (8 inches)
in height.
4.3 Every Owner shall fill in any excavation on the Land to an adjacent grade with non-
contaminated Fill.
4.4 Every Owner who does not meet the requirement of subsection 4.3, shall completely
enclose the excavation with a fence having a minimum height of at least 122 centimetres
(48 inches) and shall meet the materials and maintenance requirements of the Fence
By-law.
4.5 The requirements of subsections 4.3 and 4.4 do not apply to a Property where
construction is proceeding for which a valid building permit has been issued pursuant to
the Building Code Act, 1992, S.O. 1992, c. 23, as amended, and the construction meets all
of the applicable requirements of that Act,
4.6 No Owner shall allow, cause or permit accumulations of water that exceed 30 centimetres
(12 inches) in depth of standing water unless:
a)
it is completely enclosed by a temporary barrier having a minimum height of 122
centimetres (48 inches);
b)
the water constitutes a Stormwater Management Pond or is a part of a storm
water infrastructure;
c)
the water constitutes a natural body of water or results from the periodic
flooding of a natural water course; or
d)
the water constitutes a Water Garden or fishpond.
4.7 No Person shall throw, place, dump or deposit, or allow the throwing, placing, dumping
or depositing of Debris, garbage, Refuse, Rubble, or Waste on private Property or
municipal Property without lawful authority or if such activity is authorized by the Zoning
By-law.
4.8 No Owner shall allow, permit or cause water in a swimming pool or standing body of
water to be or become a health or safety hazard, malodorous, or a breeding place for
mosquitoes.
4.9 Every Owner whose Property contains a Wildflower Meadow or Naturalized Area shall
ensure to maintain a Buffer Strip as per the requirements of this by-law.
4.10 No Person shall use or permit the use of Land as a place to store, keep, display, pile or
accumulate in the open any Debris, iron or other metals, building materials, clothing or
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household goods, furnishings, fixtures, appliances, or any parts or portions thereof
unless such use is permitted under the Zoning By-law.
4.11 No Person shall use or permit the use of Land for the sale or display of household
goods, furnishings, apparel and similar articles except when such sale and display is
limited to not more than two (2) days in any calendar year.
4.12 No Person shall use, permit or allow the use of Land in the Municipality for the storage of
Inoperable Motor Vehicles and all other dismantled, discarded, wrecked or abandoned
vehicles, farm machinery and equipment, railway cars, trailers, boats and street-car
bodies and kept free of Refuse and of parts of Motor Vehicles whether inoperable or not
unless such Property:
(a)
is zoned for a salvage yard pursuant to the Zoning By-Law;
(b)
constitutes a Waste disposal site to which a certificate of approval or
provisional certificate of approval has been issued under the Environmental
Protection Act;
(c)
is enclosed in a Building; or
(d)
constitutes a permitted use under the Zoning By-law or is a legal, non-
conforming use.
4.13 No Person shall cause, permit or allow a Storage Container to be placed on any Property.
unless:
(a)
the Storage Container may be stored on a Property for no more than thirty (30)
days prior to or following a sale of a Property;
(b)
the Storage Container may be placed on a Property for no more than sixty (60)
days in support of a construction project unless the period of time is extended,
in writing, by an Officer; or
(c)
the Property is zoned Agricultural according to the Zoning By-law and the
Storage Container is used in support of an Agricultural Use as defined in the
Zoning By-law.
5.
STORMWATER, PONDING, RUNOFF
5.1 Every Owner shall ensure that the discharge of Stormwater Runoff from any downspout
or other such device serving the same function or sump pump effluent shall only discharge
directly onto the Property from whence the Stormwater Runoff or sump pump effluent
originated from.
5.2 Every Owner shall ensure that discharge from any downspout or other such device serving
the same function or sump pump effluent is not diverted or otherwise impeded or interfered
with so as to cause the flow not to follow the grading of the Property.
5.3 No Owner shall cause, permit, or allow the Ponding of water on the Property.
5.4 No Person shall cause, permit or allow ditches, private drains, swales or water courses
to be obstructed to any degree which causes the flow of water to be impeded resulting in
Ponding.
5.5 No Owner shall cause, permit or allow Stormwater or Roof Water to be directly discharged
on to a sidewalk, walkway, steps, porches or other pedestrian access to a Property
which may be hazardous or may result in a potential safety risk.
5.6 No Person shall cause, permit or allow water from a weeping tile, foundation, downspout,
drain, roof drain or land drain to be connected to or discharged into any sanitary sewage
system or directly discharged into a public storm drainage system unless the
Municipality has approved such direct discharge.
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6.
COMPOSTING, WASTE AND RECYCLING COLLECTION
6.1 No Person shall set out Waste or recycling materials for collection except in accordance
with the standards and requirements set out in the Solid Waste Management By-law.
6.2 Every Person, where Refuse, Compost or recyclable material is stored outside of the
enclosed walls of a Building or structure, shall ensure that the Refuse, Compost or
recyclable material is stored in a container suitable for such purpose, and, for Compost,
in a Composting Container, and in a manner that does not attract Pests or create a
health or safety hazard due to the nature of the storage or through deterioration or
misuse of the container or Composting Container.
6.3 No Person shall carry out Composting except in accordance with the following
requirements:
(a)
Only in the rear Yard of a Property;
(b)
Only in a Composting Container or digester and only on Land on which a
Building is located;
(c)
Any Composting Containers or digesters used for Composting shall be kept
tightly covered at all times, except when being emptied or filled;
(d)
Composting in a pile is prohibited;
(e)
No feces shall be placed in a Composting Container or digester used for
Composting;
(f)
No offensive odour shall be permitted to emanate from a Composting
Container, or digester used for Composting to the extent that such odour is
detectable by any person on a neighbouring Property;
(g)
Any Composting Container or digester used for Composting shall be set
back at least 0.6 metres (1.97 feet) from any lot line; and
(h)
No bones, meat, dairy or other fat products are permitted to be Composted.
6.4 This section shall not apply where:
(a)
the lands are lawfully used for outside storage of material in compliance with
the Zoning By-law; or
(b)
the lands are designated by or operated by or on behalf of the Municipality or
the Corporation of the County of Middlesex for the purposes of dumping,
disposing or deposition of refuse.
7.
EXEMPTIONS
7.1 Nothing in this by-law shall prohibit the use of Land, Buildings or structures designated
by or operated by or on behalf of the Municipality for the purpose of dumping or
disposing of Refuse.
7.2 This by-law does not apply to Perennial Gardens, provided that the Perennial Gardens
are managed such that there is no accumulation of Waste or growth of Weeds.
7.3 This by-law does not apply to a Wildflower Meadow or Naturalized Area provided that
those areas are managed so that there is no accumulation of Waste or growth of Weeds,
and provided that they do not encroach within the Buffer Strip.
7.4 This by-law does not apply to the placement or collection of Waste in accordance with
the Solid Waste Management By-law.
8.
ENFORCEMENT
8.1 The provisions of this by-law may be enforced by an Officer.
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8.2 An Officer may, at any reasonable time, without a warrant, enter and inspect any Land to
determine whether this by-law, an order under this by-law, or a court order made under
section 431 of the Municipal Act, 2001, or an order of a court pursuant to a conviction
under this by-law is being breached or complied with.
8.3
An Officer exercising the power of entry on behalf of the Municipality under this by-law must,
on request, display or produce proper identification.
8.4 For the purposes of an inspection under this by-law, an Officer may:
(a)
require the production for inspection of documents or things relevant to the
inspection;
(b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
(c)
require information from any person concerning a matter related to the
inspection including his or her name and address; and
(d)
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purpose of the inspection.
8.5 If a sample is taken under subsection 8.4(d) of this by-law, the sample shall be divided
into two parts, and one part shall be delivered to the person from whom the sample is
taken, if the person so requests at the time the sample is taken and provides the
necessary facilities.
8.6 If a sample taken under subsection 8.4(d) of this bylaw has not been divided into two
parts, a copy of any report on the sample shall be given to the person from whom the
sample was taken.
8.7 A receipt shall be provided for any document or thing removed under subsection 8.4(b)
of this by-law and the document or thing shall be promptly returned after the copies or
extracts are made.
8.8 Copies of or extracts from documents and things removed under this section and
certified as being true copies of or extracts from the originals by the person who made
them are admissible in evidence to the same extent as, and have the same evidentiary
value as, the originals.
9.
ORDERS
Order to Discontinue
9.1 Where an Officer is satisfied that a contravention of this by-law has occurred, the Officer
may issue an order requiring the Person who contravened the by-law or who caused or
permitted the contravention of the by-law to discontinue the contravention. The Order to
Discontinue may be served in accordance with the service provisions contained in this
by-law.
Work Order
9.2 Where an Officer is satisfied that a contravention of this by-law has occurred, the Officer
may issue a Work Order requiring the Person who contravened the by-law or caused or
permitted the contravention of this by-law as well as the Owner of the Property on which
the contravention occurred to do work to correct the contravention. The Work Order may
be served in accordance with the service provisions contained in this by-law.
9.3 A Work Order issued under this by-law shall:
(a)
set out the reasonable particulars of the contravention adequate to identify
the contravention;
(b)
identify the location on the Property on which the contravention occurred;
(c)
specify the work to be done to bring the Property into compliance with this
by-law; and
(d)
state the date by which there must be compliance with the Order.
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9.4 Without limiting the generality of subsection 9.3, a Work Order may include, but is not
limited to, the following requirements:
(a)
To clean, Clear or remove from the Land any structure, garbage, Debris or
Refuse of any kind;
(b)
To cease using the Land or structure for the storage, dumping or disposing
of garbage, Refuse, or Debris of any kind;
(c)
To temporarily cover over, screen, shield or enclose the garbage, Refuse, or
Debris until such time as the garbage is removed in the manner prescribed
by the Officer;
(d)
To pull down, repair or renew any structure, including but not limited to
fences and retaining walls, but not including Buildings that by reason of its
ruinous or dilapidated state is an unsafe condition;
(e)
To remove any Inoperable Motor Vehicles;
(f)
To eliminate or remove any object or conditions that creates or might create
a health, fire or accident hazard;
(g)
To eliminate or remove the excrement of any animal domesticated or not; or
(h)
Remove any water that has Ponded. Without limiting the foregoing, such
Order may include a direction to drain off the Ponded Water or the treatment
of the same with larvicide.
9.5 The Work Order referred to in subsection 9.2 may also provide that if the Person or
Owner fails to correct the contravention, the Municipality may do the work to correct the
contravention, at the expense of the Person or Owner.
10. SERVICE
10.1 An Order issued under this by-law may be served personally, to an email address known
for receiving email communication, or by sending it by regular mail to the last known
address of:
(a)
The Person to whom the order is directed; and
(b)
The Owner of the Property upon which the contravention was committed.
10.2 Where service of an Order is made by:
(a)
regular mail, service shall be deemed to have been effected on the fifth day
after the Order is mailed; or
(b)
email, service shall be deemed to have been effected on the day that the
Person to whom the email communication was sent provides a written
response to the email.
10.3 In addition to serving an Order as per subsection 10.1 of this by-law, an Officer may also
place a placard containing the terms of the order in a conspicuous place on the Property.
10.4 Where service cannot be carried out under subsection 10.1 of this by-law, the Officer
shall place a placard containing the terms of the Order in a conspicuous place on the
Property where the contravention of the by-law has occurred, and the placing of the
placard shall be deemed to be sufficient service of the Order on the Person or Persons
to whom the Order is directed.
11. REMEDIATION
11.1 Where an Owner is in default of doing any matter or thing directed or required to be
done under this by-law, an Officer may direct the completion and enforcement of such at
the Owner's expense.
11.2 The Municipality may recover the remedial action and enforcement costs incurred under
subsection 11.1 and any applicable fees and charges pursuant to the Fees and Charges
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By-law by action, or by adding them to the tax roll and collecting them in the same
manner as taxes.
11.3 The Municipality may, prior to recovering costs incurred in subsection 11.1 or adding
those costs to the tax roll, invoice the Owner of the Property requesting voluntary
payment of said remedial action costs.
11.4 The Municipality may place a lien on the Property for any remedial action taken in
accordance with the Municipal Act, 2001.
12. OFFENCES
12.1 Any Person who contravenes any provisions of this by-law or fails to comply with
an Order issued under this by-law or fails to comply with any court order is guilty
of an offense 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.
12.2 No Person shall, either directly or indirectly, hinder or obstruct or attempt to
hinder or obstruct an Officer who is exercising a power or performing a duty
under this by-law.
12.3 If a corporation has contravened any provision of this by-law or fails to comply with an
Order issued under this by-law, or fails to comply with a court order, every director and
officer who knowingly concurred in such a contravention is guilty of an offence.
12.4 Every Person who is guilty of an offence under this by-law shall be subject to the
following penalties:
(a)
upon a first conviction, to a fine of not less than $100 and not more than
$50,000;
(b)
upon a second or subsequent conviction for the same offence, to a fine of
not less than $400 and not more than $100,000;
(c)
upon conviction for a continuing offence, to a fine of not less than $100 and
not more than $10,000 for each day or part of a day that the offence
continues. The total of the daily fines may exceed $100,000.
12.5 If an Order has been issued under this by-law, or an order has been made by a court,
and the Order or order of the court has not been complied with, the contravention of the
Order or order of the court shall be deemed to be a continuing offence for each day or
part of a day that the Order or order of the court is not complied with.
12.6 In addition to any penalty imposed and any other remedy, the court in which the
conviction had been entered and any court of competent jurisdiction, thereafter, may
make an order prohibiting the continuation or repetition of the violation by the Person
convicted.
13. REBUTTABLE PRESUMPTION
13.1 An Owner shall be presumed to have contravened or caused or permitted the
contravention of this by-law or contravened or caused or permitted the contravention of
the terms or conditions of an Order issued under this by-law which presumption may be
rebutted by evidence to the contrary on a balance of probabilities.
14. MUNICIPALITY NOT LIABLE
14.1 The Municipality assumes no liability for Property damage or personal injury resulting
from remedial action, remedial work and enforcement undertaken with respect to any
Person or Property that is subject of this by-law.
15. VALIDITY AND SEVERABILITY
15.1 Should any section, subsection, clause, paragraph or provision of this by-law be
declared by a court of competent jurisdiction to be invalid or unenforceable, the same
shall not affect the validity or the enforceability of any other provision of this by-law, or of
the by-law as a whole.
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16. GENERAL PROVISIONS
16.1 The requirements of and the obligations imposed by this by-law are in addition to the
requirements and obligations contained in any other applicable by-laws of the
Municipality or applicable provincial or federal statutes or regulations.
16.2 Specific references to statutes, regulations or by-laws are meant to refer to the current
statutes, regulations or by-laws in force at the time that this by-law was enacted and
shall be interpreted to include amendments, restatements and successor legislation.
16.3 If there is a conflict between a provision of this by-law and any other by-law of the
Municipality or a provincial or federal statute or regulation, the most restrictive in relation
to the regulation of Refuse or Debris shall apply.
16.4 In this by-law, wherever the singular is used, it is intended to include the plural.
17. REPEAL AND TRANSITION
17.1 By-law 53-2007 and all amendments thereto are repealed upon this by-law coming into
force and effect.
17.2 Despite the repeal By-law 53-2007, that by-law shall continue to apply to any
contravention of that by-law and to any orders or notices issued prior to the passing of
this by-law.
17.3 This By-law shall come into effect on March 17, 2026.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY
OF MARCH, 2026.
Cathy Burghardt-Jesson
Ron Reymer
____________________________
___________________________
Cathy Burghardt-Jesson
Ron Reymer
Mayor
CAO/Clerk