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TOWNSHIP
OF MALAHIDE
By- law No. 24- 24
LOT MAINTENANCE
BY- LAW
TABLE
OF CONTENTS
SECTION
DESCRIPTION
PAGE
1
SHORT TITLE
3
2
DEFINITIONS
3
3
SCOPE
6
4
GENERAL
PROHIBITION
6
5
LOT MAINTENANCE
REGULATIONS,
STANDARDS,
6
AND/ OR PROHIBITIONS
6
SPECIAL
PROVISIONS -- LANDSCAPING
8
7
SPECIAL
PROVISIONS -- NATURAL
GARDENS
8
8
SPECIAL
PROVISIONS -- LOT GRADING
AND
9
DRAINAGE /
FILL PLACEMENT
9
SPECIAL
PROVISIONS -- OUTDOOR
STORAGE
10
10
SPECIAL
PROVISIONS -- FENCES / FENCING
10
11
ADMINISTRATION
AND
ENFORCEMENT
11
12
NOTICE OF VIOLATION
11
13
OFFENCE AND PENALTY
12
14
SEVERABILITY
13
15
EFFECTIVE
DATE
13
TOWNSHIP
OF MALAHIDE
BY- LAW NO. 24- 24
Being a By- law to Provide for the Maintenance
of Land in a
Clean
and Clear Condition
WHEREAS
section
127( a) of the
Municipal
Act, S. O. 2001,
c. 25, as amended,
hereinafter " Act") authorizes a local municipality to pass by- laws respecting the cleaning
and clearing of lands, not including buildings, and to require the owner or occupant of
such land to clean and clear that land, not including buildings, or to clear refuse or debris
from such
lands;
AND WHEREAS section 127( b) of the said Act authorizes
a local municipality to
regulate when and how the matters referred to in the previous section 127(a) shall be
done;
AND WHEREAS section 127( c) of the said Act provides this policy may prohibit the
depositing
of refuse or debris on land without the consent of the owner or occupant
of
such land;
AND WHEREAS
section
127( d) of the said Act authorizes
a local municipality
to
define "refuse" for the purposes aforesaid;
AND WHEREAS
section
131
of the said Act authorizes
a local
municipality
to
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;
AND WHEREAS section 436 of the said Act authorizes a municipality to pass by-
laws providing
for entry onto lands for purposes
of, among other things, inspection
in
relation to matters otherwise prohibited and/ or regulated by by- law;
AND WHEREAS section 446 of the said Act authorizes a municipality to direct or
require that a matter or thing be done in default of which the municipality may enter upon
land at any reasonable time to do such matter or thing at the expense of the owner and,
furthermore, providing that the cost of doing such matter or thing may be recovered
by
the municipality by action or by adding such costs to the tax roll and collecting them in the
same manner as taxes;
AND WHEREAS section 425 and 429 of the said Act authorizes a municipality to
pass by-laws providing that a person who contravenes a by-law of the municipality is
guilty of an offence and thereafter subject to penalty;
AND WHEREAS the Council of The Corporation of the Township of Malahide deems
it desirable to regulate and govern the maintenance of land in order to enhance the quality
of the community and neighbourhoods, to protect the safety, health, and well-being of the
public, and to ensure the continued enjoyment of property by residents and property
owners of the said Municipality.
NOW THEREFORE
the Council of The Corporation
of the Township of Malahide
HEREBY
ENACTS
AS FOLLOWS:
1.
Short Title
1) This By -Law shall be known as " Lot Maintenance
By -Law".
2. Definitions
1) "
By -Law" means this By -Law.
2) " By -Law
Enforcement
Officer" means
a
Municipal
Enforcement
Officer
as
appointed by Council or a police officer, including but not limited to a member of
the Ontario Provincial Police.
3) " Commercial Solid Waste or Grease Container" means a waste or grease
disposal container placed on land within the territorial limits of the Municipality
for the temporary
storage
of waste
or grease; provided
that, to meet this
definition,
the said container shall be waterproof, leak -proof, and shall be
covered
at all times except when depositing
waste therein or removing
the
contents thereof.
4) " Composting" shall mean the biological degradation or breakdown of organic
material
into soil -like material.
5) " Composting Container" shall mean the holding unit used to store yard, garden,
or household waste for purposes of composting.
6) " Corporation" means The Corporation of the Township of Malahide.
7) " Council" means the elected Council of The Corporation of the Township of
Malahide.
8) " Land" or "Lands" means real property, including a water lot, within the territorial
limits of the Municipality and, for purposes of this By -Law includes real property
constituting all or a portion of a lot lying or being appurtenant to a building or
structure, whether used for residential or commercial purposes but excluding any
such building or structure.
9) " Lot" means a parcel of land, the boundaries of which are defined in the last
registered instrument by which legal or equitable title to the said parcel was
lawfully and effectively conveyed.
10) " Maintenance"
means
the
preservation
and
keeping
of
a
property
in
compliance with requisite standards, prohibitions, or regulations as contained in
this By -Law.
11) " Motor Vehicle" means any form of transportation for humans designed to be
propelled or driven otherwise than by muscular power and includes but is not
limited
to automobiles,
cars, trucks, motorcycles,
motor
homes, and
trailers
of
any description.
12) " Municipality" means the Township of Malahide and includes the geographic
area thereof.
13) " Noxious Weed" means and includes a plant designated as a noxious weed
pursuant to The Weed Control Act, R. S. O. 1990, c. W.5, as amended.
14) " Nuisance" means any use or condition which interferes with the normal
enjoyment or use of any lands, including but not limited to neighbouring land.
15) " Occupant" means any person or persons over the age of eighteen ( 18) years
in possession and/ or control of land or lands within the Municipality.
16) " Other Vehicle" means any form of transportation for humans designed to be
propelled or driven otherwise than by muscular power and includes but is not
limited to tractors, self-propelled construction and/or industrial equipment or
implements
of husbandry, motorized
snow vehicles, or cars of steam, electric, or
diesel railways.
17) " Owner" means the person or persons who owns or own any land or lands, or
any lots thereof, within the Municipality and includes but is not limited to a
registered
or
equitable
owner,
occupant,
tenant, lessee,
or
mortgagee
in
possession.
18) " Person" means
any
individual,
company, corporation
or
director
thereof,
partnership, firm, trust, sole proprietorship, government or government agency,
authority, or entity, howsoever established, joint venture, syndicate, or other
legal entity, and further includes all successors, assigns, or legal representatives
thereof.
19) " Private
Drain" means
a
sanitary
private
drain
for
the
collection
and
transmission of sanitary sewage to the sanitary sewer and to which extraneous
flows, such as storm drainage, roof water, and surface and/ or ground waters are
not to be intentionally admitted.
20) " Vessel" means any form of marine transportation for humans, commodities,
or goods and designed to be propelled by any means including but not limited to
internal combustion engine or engines or otherwise by steam, electric, muscular,
or natural power.
21) " Waste Material" means any article, thing, matter, or effluent that appears to
have been set aside, discarded, abandoned, or discharged, whether of any value
or not, or otherwise appears to have been used up in whole or in part, or
expended or worn out in whole or in part and, without limiting the generality of
the foregoing, includes but is not limited to the following:
a.
Garbage, refuse, debris, litter, grass clippings, tree and garden cuttings,
brush,
vegetative
undergrowth
and
underbrush,
dead,
diseased
or
damaged
trees
or bushes
or leaves
therefrom, and leaves.
b.
Containers, including but not limited to crockery, dishes, glassware and
bottles, both plastic and/ or metal.
c.
Paper, cardboard, cloth, plastics, and/ or synthetics.
d.
Weighty or bulky materials such as machinery, stoves, refrigerators and
other such appliances, furniture, furnace parts, pipes, water or fuel tanks,
wooden or metal signs or pallets, or any part or parts thereof.
e.
A motor vehicle or other vehicle which is not operative, a motor vehicle
which is not currently licensed pursuant to the provisions of the Highway
Traffic Act, S. O. 1990, c. H. 8, as amended, discarded motor vehicle or
other
vehicle,
automotive
parts,
vehicle
parts
and
accessories,
mechanical
equipment,
mechanical
parts,
unmounted
tires,
tires
mounted on rims, and/or accessories or adjuncts to any such motor
vehicle or other vehicle and mechanical equipment.
A
vessel
which
is
not
operative,
discarded
vessel,
unsound
or
unseaworthy
vessel,
vessel
parts
and
accessories,
mechanical
equipment, mechanical
parts, and/ or accessories
or adjuncts
to such a
vessel and/ or mechanical equipment.
g.
Broken
concrete (
other
than
for shore
protection),
asphalt
pavement,patio/sidewalk slabs, surplus building materials whether new
or used.
h.
Material
resulting
from
or as part of construction,
alteration, repair or
demolition
of any building or structure.
Rubble, inert fill, and/or fencing materials.
All waste of animal or vegetable origin resulting from the processing or
preparation
or storage
or sale
or consumption
of food, except
any
material of vegetable origin placed in the composting container.
k.
Any
liquid
containing
chemicals
or
solids
either
dissolved
or
in
suspension.
Any animal excrement, except for animal excrement being applied for a
horticultural or an agricultural
use.
22) " Yard" or " Yards" means the land or lands, other than publicly -owned land or
lands, around or appurtenant
to the whole or any part of a residential or non-
residential
building or structure and used or capable of being used in
connection
with such land or lands.
3. Scope
1) The regulations, standards, and/ or prohibitions set forth in this By -Law are
deemed to create minimum standards for the promotion of the health, safety,
comfort, convenience, and general welfare of the Municipality
and its residents
and property -owners.
4. General
Prohibition
1) No person, including any owner or occupant of land, shall fail to comply with
any regulation, standard, or prohibition set forth in this By -Law.
5. Lot Maintenance
Regulations, Standards, and/ or Prohibitions
1) Every owner of land in the Municipality
shall keep such land, in whole and
in
part and including
all yards, grounds, and vacant lands, drained
and cleaned
and cleared of all waste material.
2) For purposes of clarity and in respect of the regulation set forth in section 5( 1)
above, the requirement
for keeping
land
cleaned
and
cleared
of all waste
material
is deemed to include removal of any noxious weed and/ or grasses
in
excess
of 20cm
in height, measured
from ground
level at the location
from
which such noxious weed or grass grows, except on any slope requiring
such
vegetation for slope stability, the proof of which exception is borne by the owner
or owners of such land.
3) Every owner of land in the Municipality shall fill in any excavation located on
such land so owned which
is not completely enclosed
by an adequate
barrier
and/ or fencing, the adequacy of which barrier or fencing
is to be determined
by
the Chief Building Official of the Municipality or his or her designate.
4) For purposes
of clarity and in respect of the regulation
set out in section
5( 3)
above, the requirement
for filling in an excavation
does not apply to work that,
in the opinion
of the Chief Building
Official
of the Municipality
or his or her
designate, is actively proceeding
under a construction
or building permit.
5) No person, including
any owner of land
in the Municipality, shall connect
or
cause or permit any connection of any weeping tile, foundation drain, roof drain,
or lay drain into any private drain servicing such lands, including any building
or structure erected thereon, and, furthermore, no person, including any owner
of land in the Municipality, shall discharge or cause or permit to be discharged
any extraneous flow, including but not limited to roof or surface water or storm
drainage, into any private drain.
6) Every owner of land in the Municipality and serviced by a private drain shall
alter or repair that private drain to disconnect any extraneous flows from or into
such private drain.
7) Every owner of land in the Municipality shall drain lands so owned upon which
surface or groundwater
has accumulated
to a depth which, in the opinion of the
By -Law Enforcement
Officer, creates an unsafe or dangerous
condition.
8) For purposes of clarity and in respect of the regulation set forth in section 5( 7)
above, the requirement for draining of surface or groundwater does not apply
to swimming pools lawfully constructed, installed, and maintained, storm water
management facilities, water gardens, or natural bodies of water.
9) Every owner of land in the Municipality shall keep all hedges and trees adjacent
to a public
sidewalk
or highway
cut and trimmed
so as to allow
safe
and
unhindered passage and an unrestricted view of pedestrians and/or vehicular
traffic travelling upon such sidewalk or highway.
10) No person, including the owner thereof, shall use or cause or permit the use
of any land in the Municipality for dumping, depositing, or otherwise disposing
of waste material of any kind.
11) No person, including any owner thereof, shall use any land in the Municipality
for storage of any motor vehicle without a current license plate or any other
vehicle for the purpose of wrecking
or dismantling
them or salvaging
parts
thereof for sale or other disposal unless that use of such land in the Municipality
is in strict compliance with zoning requirements enacted by the Municipality.
12) No person, including any owner thereof, shall use any land in the Municipality
for storage of any other vehicle or vehicles or any vessel or vessels for the
purpose of wrecking or dismantling
such vessel or vessels or salvaging parts
there from for sale or other disposition unless such use of land is in conformity
with zoning requirements enacted by the Municipality.
13) No person, including the owner of any land in the Municipality, shall cause or
permit any Commercial Solid Waste or Grease Container to overflow its normal
capacity when its cover or covers are in a closed and secured position.
14) No person, including the owner of any land in the Municipality, shall cause
or permit foul or offensive odour or odours to emanate from any Commercial
Solid Waste Container or Grease Container.
15) Every owner of any lot fronting any municipal highway or street where an
adjacent sidewalk has been constructed
shall remove and/ or clear away and
keep removed and cleared away all snow and ice from such sidewalk on the
street side nearest to such lot, such removal to be completed within twenty- four
24) hours of a snowfall.
16) Every owner of any lot in the Municipality which fronts upon any municipal
highway or street where an adjacent sidewalk has been constructed shall
remove and clear away and keep removed and cleared away all dirt, debris,
and litter from the said sidewalk
on the street side nearest to such lot.
17) No person, including any owner thereof, shall plant, maintain, or permit any
tree, brush, hedge, or shrub to grow more than one ( 1)
metre
in height
on
a
corner
lot where
such tree, bush, hedge, or shrub
is planted
within
four ( 4)
metres of the intersection
of the front lot line and the exterior
lot line of such
lot.
18) Every owner of any land in the Municipality shall keep such land clean and
clear of any dilapidated or collapsed buildings or structures, or parts thereof, as
erected upon such land.
19) Every owner of any land in the Municipality
shall keep a yard or pen where a
dog
or
dogs
are
allowed
to
run
in
a
clean
and
sanitary
condition
and,
furthermore,
all
excrement,
feces,
refuse, and
dropped
or
scattered
food
associated therewith shall be removed from such yard or pen by the said owner
at least once every three ( 3) days.
20) Every owner of land in the Municipality shall keep such land clean and clear
of any object or objects and/ or condition or conditions which are or could create
any health, fire, or safety hazards, including but not limited to any object or
condition
which could promote or encourage
the infestation
and/ or habitation
of or by rodents, insects, or other vermin.
6. Special
Provisions -- Landscaping
1) Without limiting the generality of any provision
set forth above,
a) Every
owner
of land
in the
Municipality
shall
keep
all trees, bushes,
hedges, and other landscaping
material
in a condition
so as to prevent
unsightly
or unreasonable
undergrowth
in relation
and compared
to the
surrounding
natural environment.
b) Every owner of land
in the municipality
shall keep and take reasonable
steps
to
keep
grass, trees, bushes, hedges, and
other
landscaping
material in a living condition.
7. Special Provisions -- Natural Gardens
1) Without limiting the generality of any provision set forth above and subject to
the regulations
and prohibitions
set forth in section
7( 2) below, the owner of
any land in the Municipality may grow and maintain a managed and natural
landscape,
including
one
or more
species
of wild
flowers, shrubs, trees,
herbaceous plants, ferns, and/ or grasses, or any combination thereof and
regardless
of
whether
such
species
are
native
or
non- native
to
the
Municipality and/ or edible or not edible ( referred to as a " natural garden"),
upon such land.
2) No owner of land in the Municipality shall plant, grow, or maintain a natural
garden that:
a) contains any noxious weed;
b) in a suburban
area
as identified
or defined
in section
4 of the Official
Plan for the Municipality that:
i)
fails to maintain
a growth
setback
of two ( 2) metres
from the
nearest edge of a highway ( as defined by the Highway Traffic
Act, R. S. O 1990, c. H. 8, as amended) within which any tree,
shrub, plant, flower, fern, or grass cannot exceed 15cm in height
as measured from the ground level at the location from which it
grows; and/ or
ii) Fails to maintain
a growth
setback
of two ( 2) metres from the
nearest
edge of a sidewalk
constructed
adjacent
to such
land
within which any tree, shrub, plant, flower, fern, or grass cannot
exceed 15cm in height as measured from the ground level at the
location from which it grows.
8. Special
Provisions -- Lot Grading and Drainage / Fill Placement
1) Without limiting the generality of any provision set forth above, every owner
of land in the Municipality,
a) shall keep such
land adequately
drained
of surface water, including
suitable provision for its disposal without causing or creating erosion;
b) shall
not
discharge
water, including but not necessarily limited to
surface water, water collected from the roof of any building or water
from
a swimming
pool, onto any driveway, entranceway, walkway,
sidewalk, stair, step, or any land adjacent thereto, or any highway in
such
a manner
so as to cause
damage
or create
an unsafe
condition;
c) shall
not cause
or permit roof drainage
to be discharged
onto the
ground
less
than
one (
1. 0) metre
from
any
building
constructed
thereon, provided
that, at the location
of discharge, such water does
not escape onto or adversely affect adjacent lands or otherwise cause
erosion;
d) shall not permit the discharge
of water from drain pipes, tiles or other
such device, designed and intended for the collection and discharge of
water, into
a ditch, road allowance
or adjacent
property
without
the
express written
permission
from the Township
of Malahide
and/ or the
adjacent land owner.
e) shall not cause or allow any fill piled upon such land to remain
in and
on the levelled
state for longer than fourteen ( 14) days from the date of
such piling, unless the land contains a construction site for which a
building permit has been issued by the Municipality
and is in effect;
f) shall not cause or allow any fill piled upon land to remain uncovered
by
sod, seed, or agricultural crops for more than thirty ( 30) days from the
date of such piling, unless the land either:
i)
is being actively farmed,
ii) contains
a construction
site for which
a building
permit
has
been issued by the Municipality
and is in effect, or,
iii) is subdivided
under a signed subdivision
agreement
with the
Municipality.
g) shall not cause or permit fill to remain upon land which results in the lot
grading being altered from what was initially approved
in the lot grading
plan.
9.
Special Provisions -- Outdoor Storage
1) Where outdoor storage
is permitted
in the zoning
by- law, every owner of any
land in the Municipality
shall:
a) locate and maintain such storage
in a safe condition, wherein
all stored
items and materials are packed or stacked in a neat and orderly fashion
or
in
bins, containers, structures, or enclosures
appropriate
for the
nature, composition, or other
characteristic
properties
or distinctive
attributes of such stored items and materials; and,
b) completely enclose such outdoor storage area with fencing at least
1. 5
metres
in height, which fencing shall be constructed
in such a fashion
to screen the view of all items and materials
so stored
and provided
that such fenced
enclosures,
c) shall be located at least six ( 6. 0) metres from any highway, and,
d) shall be landscaped
on the exterior sides thereof, save any side
which adjoins any building, driveway, or parking or loading area.
10. Special
Provisions -- Fences / Fencing
1) Every owner of land or lands in the Municipality upon or between which a fence,
fences, or fencing has been erected shall maintain such fence, fences, or
fencing,
a) in general
repair, free from
loose or insufficiently
secured,
rotten,
warped, or broken
materials
or elements;
b) in a safe and structurally sound condition, capable of sustaining
safely
its own weight and any load to which it could reasonably be subjected;
c) free of dangerous
objects; and,
d) reasonably
plumb,
unless
specifically
designed
to
be
other
than
vertical.
11.
Administration
and Enforcement
1) This
By -Law
shall
be
administered
by
a
By -Law
Enforcement
Officer
appointed
by
Council
and
shall
be
enforced
by
either
such
By -Law
Enforcement
Officer or a police officer.
2) The By -Law Enforcement Officer may, from time to time, designate another
person or persons or retain the services of a qualified consultant to assist in
the performance of duties hereunder.
3) The By -Law Enforcement Officer may enter on any land at any reasonable
time for the purpose of carrying out an inspection of such land, including for
the purpose of determining whether or not this By -Law or any Notice of
Violation issued hereunder
is being complied with.
4) For the purpose of conducting an inspection pursuant to section 11( 3) above,
a power of entry may be exercised by a By -Law Enforcement Officer to carry
out an inspection and the said By -Law Enforcement 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 related
to a matter relevant
to
the inspection;
d) alone or in conjunction
with any person possessing
special or expert
knowledge,
make
examinations
or
take
tests,
samples,
or
photographs
necessary for the purposes of the inspection.
12. Notice
of Violation
1) If a By -Law Enforcement Officer is satisfied that a violation or contravention
of this By -Law has occurred, the said By -Law Enforcement Officer may serve
written notice upon the owner of the involved land, directing that the violation
be remedied
within
a specific
period. Such
notice shall contain
reasonable
particulars of the violation adequate to identify same and the location of the
land as well as the date by which compliance
must be effected.
2) In the event that the violation
in the notice
is not remedied
within the aforesaid
period of time, the By -Law Enforcement
Officer:
a) may cause the violation to be remedied
at the expense of the owner. The
Municipality shall not be responsible for any damage or loss that may be
sustained by the owner as a result and/ or;
b) may initiate proceedings in the Ontario Court of Justice for the violation.
3) Where a By -Law Enforcement Officer deems a violation of this By- law to
constitute
an
emergency
or
danger
to
the
public,
the
said
By -Law
Enforcement Officer may, without notice, cause such violation to be remedied
at the expense of the owner. The Municipality shall not be responsible
for any
damage or loss that may be sustained
by the owner as a result. Where the
violation
is
remedied
without
prior
notice
to
the
owner,
the
By -Law
Enforcement officer shall serve written notice upon the owner of the land
describing the particulars of the violation so as to adequately identify same
and the location of the land as well as the date upon which the remedial
action
was taken.
4) Any notice given under this By -Law may be given by regular mail, electronic
mail or personal delivery. Delivery by regular mail shall be deemed to have
been effected on the third day after posting.
5) The Municipality may recover its costs of remedying a violation of this By -Law
by invoicing the owner, by institution of court proceedings, or by adding the
cost to the tax roll in the same manner as municipal taxes. The exercise of
any such remedy shall not preclude the exercise of any other available
remedy.
13. Offence and Penalty
1) Any person who contravenes any provision of this By -Law or a notice issued
hereunder is guilty of an offence and, upon conviction, is liable to a minimum
fine of $ 300. 00 and
a maximum
fine of not more than $ 15, 000. 00.
2) A director or officer of a corporation who knowingly concurs in a violation or
contravention
by the corporation
of any provision of or notice under this By -
Law is guilty of an offence and, upon conviction, is liable to a minimum fine of
300. 00 and a maximum
fine of not more than $ 15, 000. 00.
3) If either a notice has been issued under this By -Law or any Court of competent
Jurisdiction
has issued an Order in respect of this By -Law and such notice or
Order has not been complied with, then any ongoing contravention of such
notice or Order shall be deemed
to be a continuing
offence for each day or
part thereof that the said notice or Order is not complied with.
4) Any person who contravenes any provisions of this By -Law so as to constitute
or commit a continuing offence shall be liable to a fine of not less than $ 300. 00
and not more than $ 15,000.00 for each day or part of a day that such offence
continues. The total of any such daily fines for such continuing
offence shall
not exceed $ 100, 000. 00.
5) In the event of conviction of an offence of this By -Law, the Court entering such
conviction or any other Court of competent jurisdiction may, in addition to any
other penalty, make an Order prohibiting the continuation or repetition of the
offence by the person so convicted.
6) No person shall hinder or obstruct an Officer in the performance of their duties
while they are exercising a power or authority under this by-law.
14.
Severability
1) If a Court of competent jurisdiction declares any section or part of this By -Law
invalid, the remainder of this By -Law shall continue in force unless the Court
makes an order to the contrary.
15. Effective Date
1) This By -Law shall come into full force and take effect on the date it is
passed.
READ a FIRST and SECOND, time this 20th day of June, 2024.
READ a THIRD time and FINALLY PASSED this 20th day of June, 2024.
M
y
r, D. Giguere
Clerk, A, Adams
O
OFFICE OF THE REGIONAL SENIOR JUSTICE
ONTARIO
COURT OF JUSTICE
WEST REGION
80 DUNDAS
STREET, 10th FLOOR, UNIT L
LONDON, ONTARIO
N6A 6A8
CABINET
DU JUGE PRINCIPAL
RÉGIONAL
COUR
DE
JUSTICE
DE L' ONTARIO
RÉGION
DE L' OUEST
80, RUE DUNDAS, 10e ÉTAGE, UNITÉ L
LONDON ( ONTARIO)
N6A 6A8
TELEPHONE/ TÉLÉPHONE ( 519) 660-2292
FAX/ TÉLÉCOPIEUR (
519) 660- 3138
April 22, 2026
Greetings,
Re: Set Fines - Provincial Offences Act - Part 1 By-law 24-24, Lot
Maintenance By-Law
Enclosed herewith is the Part 1 original Order and original schedule of set fines for
the above referenced Bylaw, the Bylaw indicated in the schedules.
The setting of the fines does not constitute my approval of the short form of wording
used to describe the offences.
Please ensure that a copy of the said documents is forwarded to your local
Provincial Offences Court together with a certified copy of the Bylaw.
Yours truly,
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Encl.
tz
ONTARIO 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 By-law 24-24 of the Township of Malahide
attached hereto are the set fines for those offences. This Order is to
take effect April 22, 2026.
Dated at London this 22nd day of April 2026.
M. Edward Graham
Regional Senior Justice
Ontario Court of Justice
Part 1: Provincial Offences Act
TOWNSHIP OF MALAHIDE BY-LAW 24-24
TITLE: Lot Maintenance By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision Creating or Defining Offence
Set Fine
1
Fail to comply regulation, standard or prohibition
4 (1) $
300.00
2.
Fail to keep land drained
5 (1) $
300.00
3.
Fail to keep land cleaned and cleared of waste material
5 (1) $
300.00
4.
Owner - Fail to fill in excavation
5 (3) $
450.00
5.
Connect weeping tile, foundation drain, or roof drain into private drain
servicing land or lands
5 (5) $
300.00
6.
Permit weeping tile, foundation drain, or roof drain into private drain
servicing land or lands
5 (5) $
300.00
7.
Lay drain into private drain servicing lands or lands
5 (5) $
300.00
8.
Permit laying of drain into private drain servicing land or lands
5 (5) $
300.00
9.
Discharge extraneous flow into private drain
5 (5) $
300.00
10.
Permit discharge of extraneous flow into private drain
5 (5) $
300.00
11.
Fail to alter or repair private drain to disconnect extraneous flows
5 (6) $
300.00
12.
Fail to drain lands of surface or ground water - unsafe or dangerous condition
5 (7) $
300.00
13.
Owner - Fail to cut and trim hedges adjacent to sidewalk or highway - passage
5 (9) $
150.00
14.
Owner - Fail to cut and trim trees adjacent to sidewalk or highway - passage
5 (9) $
150.00
15.
Owner - Fail to cut and trim hedges adjacent to sidewalk or highway - view
5 (9) $
150.00
16.
Owner - Fail to cut and trim trees adjacent to sidewalk or highway - view
5 (9) $
150.00
Part 1: Provincial Offences Act
TOWNSHIP OF MALAHIDE BY-LAW 24-24
TITLE: Lot Maintenance By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision Creating or Defining Offence
Set Fine
17.
Use land for dumping, depositing, or depositing of waste material
5 (10) $
300.00
18.
Cause use of land for dumping, depositing, or depositing of waste material
5 (10) $
300.00
19
Permit use of land for dumping, depositing, or depositing of waste material
5 (10) $
300.00
20.
Use land for storage of vehicle without current license plate
5 (11) $
300.00
21
Use land for storage of motor vehicle for purpose of wrecking or dismantling
5 (11) $
300.00
22.
Use land for storage of motor vehicle for purpose of salvaging of parts
5 (11) $
300.00
23.
Use land for storage of vessel for purpose of wrecking or dismantling
5 (12) $
300.00
24.
Use land for storage of vessel for purpose for salvaging of parts
5 (12) $
300.00
25.
Cause Solid Commercial Waste Container to overflow normal capacity
5 (13) $
300.00
26.
Permit Solid Commercial Waste Container to overflow normal capacity
5 (13) $
300.00
27.
Cause Grease Container to overflow normal capacity
5 (13) $
350.00
28.
Permit Grease Container to overflow normal capacity
5 (13) $
350.00
29.
Cause foul or offensive odor to emanate from Solid Commercial Waste Container
5 (14) $
300.00
30.
Permit foul or offensive odor to emanate from Solid Commercial Waste Container
5 (14) $
300.00
31.
Cause foul or offensive odor to emanate from Grease Container
5 (14) $ 300.00
Part 1: Provincial Offences Act
TOWNSHIP OF MALAHIDE BY-LAW 24-24
TITLE: Lot Maintenance By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision Creating or Defining Offence
Set Fine
32.
Permit foul or offensive odor to emanate from Grease Container
5 (14) $
300.00
33.
Fail to remove snow from adjacent sidewalk
5 (15) $ 100.00
34.
Fail to clear away snow from adjacent sidewalk
5 (15) $ 100.00
35.
Fail to remove ice from adjacent sidewalk
5 (15) $ 100.00
36.
Fail to clear away ice from adjacent sidewalk
5 (15) $ 100.00
37.
Fail to remove dirt from adjacent sidewalk
5 (16) $ 100.00
38.
Fail to clear away dirt from adjacent sidewalk
5 (16) $ 100.00
39.
Fail to remove debris from adjacent sidewalk
5 (16) $
100.00
39.
Fail to remove debris from adjacent sidewalk
5 (16) $
100.00
40.
Fail to clear away debris from adjacent sidewalk
5 (16) $
100.00
41.
Fail to remove litter from adjacent sidewalk
5 (16) $
100.00
42.
Fail to clear away litter from adjacent sidewalk
5 (16) $
100.00
43.
Permit tree, bush, or hedge to grow to height of more than 1 metre within
4 metres of corner
5 (17) $
150.00
44.
Fail to keep land clean and clear of dilapidated or collapsed buildings or structures
5 (18) $
450.00
45.
Fail to keep land clean and clear of parts of dilapidated or collapsed buildings
or structures
5 (18) $
450.00
46.
Fail to keep yard in a clean and sanitary condition - dog(s) allowed to run
5 (19) $
150.00
Part 1: Provincial Offences Act
TOWNSHIP OF MALAHIDE BY-LAW 24-24
TITLE: Lot Maintenance By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision Creating or Defining Offence
Set Fine
47.
Fail to keep pen in a clean and sanitary condition - dog(s) allowed to run
5 (19) $
150.00
48.
Fail to remove feces from yard or pen - dog(s) allowed to run
5 (19) $
150.00
49.
Fail to remove refuse from yard or pen- dog(s) allowed to run
5 (19) $
150.00
50.
Fail to remove dropped or scattered food from yard or pen - dog(s) allowed
5 (19) $
150.00
to run
51.
Fail to keep land clean and clear of object(s)- creation of health, fire or
5 (20) $
400.00
safety hazard( s)
52.
Fail to keep land clean and clear of object( s)- creation of potential health,
5 (20) $
400.00
fire or safety hazard( s)
53.
Fail to keep grass in condition to prevent unsightly or unreasonable growth
6 (1) (a) $
100.00
54.
Fail to keep trees in condition to prevent unsightly or unreasonable growth
6 (1) (a) $
100.00
55.
Fail to keep bushes in condition to prevent unsightly or unreasonable growth
6 (1) (a) $
100.00
56.
Fail to keep hedge in condition to prevent unsightly or unreasonable growth
6 (1) (a) $
100.00
57.
Fail to keep landscaping material in a unsightly condition
6 (1) (a) $
150.00
58.
Fail to keep grass in living condition
6 (1) (b) $
150.00
59.
Fail to take reasonable steps to keep grass in living condition
6 (1) (b) $
150.00
60.
Fail to keep trees in living condition
6 (1) (b) $
100.00
61.
Fail to take reasonable steps to keep trees in living condition
6 (1) (b) $
100.00
Part 1: Provincial Offences Act
TOWNSHIP OF MALAHIDE BY-LAW 24-24
TITLE: Lot Maintenance By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision Creating or Defining Offence
Set Fine
62.
Fail to keep bushes in living condition
6 (1)(b) $
100.00
63.
Fail to take reasonable steps to keep bushes in living condition
6 (1) (b) $
100.00
64.
Fail to keep hedges in living condition
6 (1) (b) $
100.00
65.
Fail to take reasonable steps to keep hedges in living condition
6 (1) (b) $
100.00
66.
Fail to keep other landscaping material in living condition
6 (1) (b) $
100.00
67.
Fail to take reasonable steps to keep other landscaping material in living condition
6 (1) (b). $
100.00
68.
Plant, grow, or maintain a natural garden that contains a noxious weed
7 (2) (b) (i) $
300.00
69.
Plant, grow, or maintain a natural garden in urban area- fail to maintain a growth 7 (2) (b) (i) $
300.00
set back from highway
70.
Plant, grow, or maintain a natural garden in urban area- fail to maintain a growth 7 (2) (b) (ii) $
300.00
set back from sidewalk
71.
Fail to keep land adequately drained of surface water
8 (1) (a) $
150.00
72.
Fail to keep land adequately drained of surface water- unsuitable disposal s
8 (1) (a) $
150.00
73.
Discharge surface water onto driveway
8 (1) (b) $
150.00
74.
Discharge surface water onto entranceway
8 (1) (b) $
150.00
Part 1: Provincial Offences Act
TOWNSHIP OF MALAHIDE BY-LAW 24-24
TITLE: Lot Maintenance By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision Creating or Defining Offence
Set Fine
75.
Discharge surface water onto walkway
8 (1) (b) $
150.00
76.
Discharge surface water onto sidewalk
8 (1) (b) $
150.00
77.
Discharge surface water onto stair
8 (1) (b). $
150.00
78.
Discharge surface water onto steps
8 (1) (b) $
150.00
79.
Discharge surface water onto adjacent land
8 (1) (b) $
150.00
80.
Discharge surface water onto highway
8 (1) (b) $
150.00
81.
Discharge surface water onto highway- create unsafe condition
8 (1) (b) $
250.00
82.
Cause discharge of roof drainage onto ground less than 1.0 metre from building
8 (1) (c) $
250.00
83.
Permit discharge of roof drainage onto ground less than 1.0 metre from building
8 (1) (c) $
250.00
84.
Cause fill piled on land to remain unlevelled- longer than 14 days
8 (1) (e) $
200.00
85.
Permit fill piled on land to remain unlevelled- longer than 14 days
8 (1) (e) $
200.00
86.
Cause fill piled on land to remain uncovered- longer than 30 days
8 (1) (f) $
300.00
Part 1: Provincial Offences Act
TOWNSHIP OF MALAHIDE BY-LAW 24-24
TITLE: Lot Maintenance By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision Creating or Defining Offence
Set Fine
87.
Permit fill piled on land to remain uncovered- longer than 30 days
8 (1) (f) $
300.00
88.
Fail to locate permitted outdoor storage in safe condition
9 (1) (a ) $
250.00
89.
Fail to maintain permitted outdoor storage in safe condition
9 (1) (a) $
250.00
90.
Fail to pack stored items in a neat and orderly fashion- permitted outdoor storage
9 (1) (a) $
250.00
91.
Fail to stack stored items in a neat and orderly fashion- permitted outdoor storage 9 (1) (a) $
250.00
92.
Fail to pack stored materials in a neat and orderly fashion - permitted
9 (1) (a) $
250.00
outdoor storage
93.
Fail to stack stored materials in a neat and orderly fashion - permitted
9 (1) (a) $
250.00
outdoor storage
94.
Fail to store items in appropriate bins, containers, structures, or enclosures
9 (1) (a) $
250.00
permitted outdoor storage
95.
Fail to store materials in appropriate bins, containers structures, or enclosures
9 (1) (a) $
250.00
permitted outdoor storage
96.
Fail to enclose outdoor storage area with fencing to specifications
9 (1) (b) $
250.00
97.
Fail to enclose outdoor storage area to screen all stored items and materials
9 (1) (b) $
250.00
98.
Locate fenced outdoor storage enclosures within 6.0 metres of highway
9 (1) (c) $
250.00
Part 1: Provincial Offences Act
TOWNSHIP OF MALAHIDE BY-LAW 24-24
TITLE: Lot Maintenance By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision Creating or Defining Offence
Set Fine
99.
Fail to landscape exterior sides of fenced outdoor storage enclosure
9 (1) (d) $
150.00
100.
Fail to maintain fence(s) or fencing in general repair s
10 (1) (a) $
150.00
101.
Fail to maintain fence(s) or fencing free from loose or insufficiently secured
10 (1) (a) $
150.00
materials or elements
102.
Fail to maintain fence( s) or fencing free from rotten, warped, or broken
10 (1) (a) $
150.00
materials or elements
103.
Fail to maintain fence( s) or fencing in a safe condition
10 (1) (b) $
250.00
104.
Fail to maintain fence( s) or fencing in a structurally sound condition
10 (1) (b) $
250.00
105.
Fail to maintain fence(s) or fencing capable of sustaining its own weight
10 (1) (b) $
250.00
and reasonable load
106.
Fail to maintain fence(s) or fencing free of dangerous objects
10 (1) (c) $
250.00
107.
Fail to maintain fence(s) or fencing reasonably plumb
10 (1) (d) $
250.00
108.
Fail to comply with notice
13 (1) $
300.00
Part 1: Provincial Offences Act
TOWNSHIP OF MALAHIDE BY-LAW 24-24
TITLE: Lot Maintenance By-law
ITEM
COLUMN 1
COLUMN 2
COLUMN 3
Short Form Wording
Provision Creating or Defining Offence
Set Fine
109.
Hinder an officer
13 (6) $
600.00
110.
Obstruct an officer
13 (6) $
600.00
NOTE: The penalty provision( s) for the offence( s) indicated above is section 13.0 of By-Law No. 24-24 a certified copy of which by-
laws has been filed.