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THE CORPORATION OF THE MUNICIPALITY OF MACHIN
BY-LAW NUMBER 48-2008
Being a By-Law to Amend By-Law 43-2008 Municipal Code Chapter 170 - Property
Maintenance to Provide for the Maintaining of Land in a Clean and Clear Condition,
including the Property Maintenance Short Form Wording and Set Fines (as attached).
WHEREAS Section 123 of the Municipal Act, S.O., c.25, as amended, provides that a
local municipality may, for the purpose of public safety, regulate with respect to cliffs,
pits, deep waters and other dangerous places; and,
WHEREAS Section 127 of the Municipal Act, S.O., c. 25, as amended, provides that a
local municipality may 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 to prohibit the depositing of refuse or debris on land without the consent of the owner
or occupant of the land; and,
WHEREAS Section 130 of the Municipal Act, S.O., c. 25, as amended, provides that a
local municipality may regulate matters not specifically provided for by this Act or any
other Act for purposes related to the health, safety, and well-being of inhabitants of the
municipality; and,
WHEREAS Section 131 of the Municipal Act, S.O., c. 25, as amended, provides that a
local 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;
WHEREAS The Council of the Corporation of the Municipality of Machin deems it
necessary and expedient to provide for the maintaining of land in a clean and clear
condition;
NOW THEREFORE The Council of the Corporation of the Municipality of Machin
enacts as follows:
1.
THAT the Municipal Code of the Corporation of the Municipality of Machin is
hereby amended by adding a new chapter entitled Property Maintenance to
provide for the maintaining of land in a clean and clear condition and to read as
follows:
ARTICLE I
Interpretation
1.1
Title.
This Chapter may be cited as the "Property Maintenance By-law".
1.2
Scope.
This Chapter shall apply to all land within the Municipality of Machin including
residential, non-residential and vacant land.
1.3
Definitions.
A.
As used in this chapter, the following terms shall have the
meanings indicated:
-2-
BY-LAW ENFORCEMENT OFFICER - A By-law Enforcement
Officer of the Corporation of the Municipality of Machin.
MUNICIPALITY - The Corporation of the Municipality of
Machin.
1.4
Interpretation.
INOPERATIVE MOTOR VEHICLE - a motor vehicle which is not
operative or which is not currently licensed pursuant to the provisions of
The Highway Traffic Act (Ontario) and amendments thereto, or a motor
vehicle, which has had part or all of its superstructure or sources of motive
power removed.
LAND - includes yard or vacant lot.
MOTOR VEHICLE - Includes an automobile, motorcycle, and any other
vehicle propelled or driven otherwise than by muscular power.
OWNER - An owner, lessee, or occupant of any land in the Municipality.
REFUSE - debris, rubbish, garbage, waste, or material of any kind
whatsoever and without limiting the generality of the foregoing includes
accumulations, littering, remains, trash, discarded or inoperative
mechanical equipment, automotive and mechanical parts, disused or
discarded furniture, garden refuse and trimmings, paper, cartons, crockery,
glass, cans, containers, earth or rock fill, old or decaying lumber, or
material from construction or demolition projects, domestic, commercial
and industrial waste.
YARD - an open space on the same lot with a main building or structure,
unoccupied and unobstructed from the ground to the sky.
ARTICLE II
General Provisions
1.5
Conflict.
In the event of any conflict between this by-law and any other by-law of
the Municipality, the more restrictive provision shall prevail unless the
context requires otherwise.
1.6
Depositing of Snow or Ice.
A.
No person shall deposit or cause to be deposited snow or ice
accumulations on lands that may create a health, safety or accident
hazard.
B.
No person shall deposit or cause to be deposited snow or ice from
private lands onto public lands.
-3-
1.7
Depositing of the Growth of Trees - Other.
Being the owner of private lands, no person shall deposit the growth of
hedges, shrubs, trees or similar growth on such private lands to interfere
with the use of a highway, city sidewalk, or land.
1.8
Grass and/or Weeds Trimmed - Maximum Height.
Grass and/or weeds shall be kept trimmed so as to not exceed 20
centimetres in height. Being the owner of private lands, no person shall
permit the growth of grass and/or weeds on such lands in excess of 20
centimetres in height.
1.9
Storage of Inoperative Vehicles/parts.
A.
No person shall permit land to be used for the storage of
inoperative motor vehicle(s) or parts thereof except in accordance
with the following:
(1)
the vehicle and parts are stored in an enclosed building;
(2)
the vehicle and parts are fully and completely covered with
a canvas or similar opaque, weather-resistant tarpaulin in
good repair, in which case no more than one (1) such
covered vehicle shall be permitted in any yard.
B.
Notwithstanding the above, this section shall not apply to the
storage of motor vehicles and parts, which are reasonably
necessary for the conduct of a bona fide business, lawfully
conducted on the property.
1.10
Depositing of Refuse - Private or Public Lands.
No person shall permit or cause to be permitted the throwing, placing or
depositing of refuse on private land or public lands.
1.11
Exemptions.
Notwithstanding the above, nothing in this by-law shall be deemed to
interfere with the filling or raising of land with earth or rock fill or with
the disposal of refuse on any lands which have been designated for that
purpose by by-law of the Municipality.
1.12
Ponding of Storm Water.
All lands shall be graded, filled up or otherwise drained so as to prevent
recurrent ponding of storm water.
1.13
Holes, Pits, Excavations, Trenches - Hazards.
No person shall permit or allow on property owned or occupied by such
person any holes, pits, excavations or trenches constituting a health or
safety hazard.
-4-
ARTICLE II
Enforcement
1.14
Penalties; Offences.
Any person who contravenes any provisions of Sections 1.6(A), 1.6(B), 1.7, 1.8,
1.9(A) (B), 1.10, 1.12, 1.13 of this Chapter shall be guilty of an offence and shall
be subject to a fine or penalty of not less than $105.00, exclusive of costs, and all
such penalties shall be recoverable under the Provincial Offences Act.
2.
THAT this By-law shall come into force and take effect upon receipt of final
approval from the Province of Ontario Crown Law Office and the Regional
Superior Justice.
ENACTED AND PASSED THIS 8th DAY OF September A.D. 2008 as witnessed by the
Corporate Seal of The Corporation of the Municipality of Machin and hands of its proper
Officers duly authorized in that behalf.
READ a FIRST, SECOND and THIRD time, and FINALLY passed this 8th day of
September, 2008.
THE CORPORATION OF THE
MUNICIPALITY OF MACHIN
______________________________
Garry Parkes - Mayor
______________________________
Bryan Brown - Administrator
MUNICIPALITY OF MACHIN
Part I Provincial Offences Act
Page 1
Municipal Code Chapter 170: Property Maintenance
____________________________________________________________________________________________________________
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision
Creating or
Defining
Offence
COLUMN 3
Set Fine
1.
(Deposit) (Cause to Deposit) (Ice) (Snow) on lands
1.6 (A)
$125.00
2.
(Deposit) (Cause to Deposit) (Ice) (Snow) from private land onto public
land
1.6 (B)
$125.00
3.
Owner private land, deposit plant growth waste as to interfere with
(Highway) (City Sidewalk) (Land)
1.7
$110.00
4.
Owner of private land, fail to keep growth of (Grass) (Weeds) below 20
centimeters in height
1.8
$110.00
5.
Permit storage of inoperative motor vehicle (Parts), not in an enclosed
building
1.9 (A) (1)
$105.00
6.
Permit storage of inoperative motor vehicle (Parts), not completely
covered with opaque tarpaulin
1.9 (A) (2)
$105.00
7.
Permit storage of more than one (1) covered inoperative motor vehicle
(Parts)
1.9 (A) (2)
$105.00
MUNICIPALITY OF MACHIN
Part I Provincial Offences Act
Page 2
Municipal Code Chapter 170: Property Maintenance
____________________________________________________________________________________________________________
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision
Creating or
Defining
Offence
COLUMN 3
Set Fine
8.
Permit (Cause to Permit) deposit of refuse on (Public)
(Private) land
1.10
$125.00
9.
Fail to (Grade) (Fill) (Drain) land, as to prevent ponding of
water
1.12
$110.00
10.
(Own) (Occupy) land, permit (Hole) (Pit) (Excavation)
(Trench) which creates hazard
1.13
$155.00
Note: the general penalty provision for the offences listed above is Section 61 of the
Provincial Offences Act, R.S.O. 1990, c. P. 33