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THE CORPORATION OF THE TOWNSHIP OF MAPLETON
BY-LAW 2012-049
Being a by-law for maintaining land in a clean
and clear manner
WHEREAS Section 127 of the Municipal Act, 2001 S.O. 2001, ¢.25 as
amended authorizes Municipalities to pass by-laws for requiring the owner or
occupant of land to clean and clear the land, not including buildings, or to clear
refuse and debris from the !fand, not including buildings and to regulate when
and how such matters shall be done to prohibit the depositing of refuse or
debris on land without the consent of the owner or occupant of the land and to
define “refuse” for the purpose of the by-law;
AND WHEREAS Section 128(1) of the Municipal Act, 2001 S.O. 2001, c.25 as
amended authorizes municipalities to 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 446 of the Municipal Act, 2001 S.O. 2001, c.25 as
amended authorizes municipalities to direct that where an owner has
defaulted, the municipality may have the default remedied at the owner's
expense and add the cost to the tax roll;
AND WHEREAS it is deemed desirable to enact this by-law to extend the
useful life of individual properties to enhance the quality of communities and
neighbourhoods, to protect the safety, health and well-being of the public and
to ensure the continued enjoyment of property for residents and property
owners in the Township of Mapteton.
NOW THEREFORE the Council of the Corporation of The Township of
Mapleton enacts as foliows:
DEFINITIONS
1.1 “Derelict" shall mean any vehicle, machinery, trailer, boat or vessel;
a) which has broken or missing parts of such sufficiency so as to render
it incapable of being licensed to operate (where such licensing is
necessary) in its current condition but shall not include a motor
vehicle actively being repaired or restored by the owner; or
b) which is in a wrecked, dismantled, discarded, inoperative or
abandoned condition.
1.2 “Derelict Motor Vehicle” means a motor vehicle as defined in the Highway
. Traffic Act that is;
a) inoperative by reason of removed wheels, battery, motor,
transmission or other parts or equipment necessary for its operation,
b) not in roadworthy condition:
c) in a state of disrepair or unsightly by reason of missing doors, glass or
body parts, or
d) inoperable and appears incapable of use as a means of lawful
transportation or has an industry standard book value as a means of
transportation that is less than the cost of repairs required to put it into
a jJawful operable condition unless otherwise demonstrated by an
authorized licensed mechanic;
but does not include an antique or historic motor vehicle which is
actively being restored as a collectors or historic vehicle;
1.3 “Long grass" means grass which has an average height of 30.5cm (12
inches) or more.
Township of Mapleton By-law Number 2012-049
Page 2 of 4
1.4 “Occupant” means any person or persons over the age of eighteen (18)
years in possession of the property.
1.5 “Officer” means a Municipal Law Enforcement Officer appointed by by-
flaw and assigned the responsibility for enforcing and administering this
by-law. :
1.6 “Person” means an individual, firm, corporation, association or
parinership.
1.7 “Refuse” includes, but is not limited to, debris, rubbish, junk, litter,
paper, paper products, disused materials, salvage, appliances, devices,
apparatus, machinery, disused furniture, old clothing, old or decayed
lumber, construction or demolition debris, tires and wrecked,
dismantled, inoperative, unplated or unused vehicles, trailers or boats.
1.8 “Repair” means the provision of such facilities and the making of
additions or alterations or the taking of such action as in restoring,
renovating or mending as may be required so that the property shall
conform to the standards as established in this by-law.
1.9 “Vehicle” includes a motor vehicle, trailer, traction engine, farm tractor,
road building machine, bicycle, boat, motorized snow vehicle, and any
vehicle drawn, propelled, or driven by any kind of power including
muscular power.
1.10 “Yard” means the land other than publicly owned land around or
appurtenant to the whole or any part of a residential or non-residential
property and used or capable of being used in connection with the
property.
SCOPE
2.1 Where a provision of this by-law conflicts with a provision of another by-
law in force in the Township of Mapleton, the provision that establishes
the higher standard shall prevail in order to protect the health, safety
and welfare of the general public.
LOT MAINTENANCE
3.4 Every owner, lessee or occupant of land shall maintain said land clean
’ and free from refuse, including but not limited to:
a) rubbish, junk, debris, derelict vehicles and objects; or
b) a condition that may create a health, fire or accident hazard
c) wrecked, dismantled, discarded, unplated or abandoned
vehicles, boats, machinery or trailers unless it is necessary for
the operation of a business lawfully situated on the property;
d) grass or weeds over 30.5 cm (12 inches) in height, brush and
~ undergrowth and noxious weeds as defined by the Weed Control —
Act;
e) dilapidated, collapsed or partially constructed structures which
are not currently under construction;
f) injurious insects, termites, rodents, vermin or other pests; and,
g) dead, diseased, decayed or damaged trees or other natural
growth.
h) any unsightly condition out of character with the surrounding
environment
Every owner, lessee or occupant who fails to maintain land clean and free
trom refuse is guilty of an offence.
Township of Mapleton By-law Number 2012-049
Page 3 of 4
3.2
3.3
3.4
3.5
3.6
3.7
3.8
Surface conditions of yards shall be maintained so as to:
a) prevent ponding of storm water;
b) prevent instability or erosion of soil;
c) not exhibit an unsightly appearance;
d) be kept free of garbage and refuse;
e) be kept free of deep ruts and holes;
f) provide for safe passage under normal use and weather
conditions, day or night.
Vacant land shal! be graded, filled or otherwise drained so as to prevent
recurrent ponding.
No person shail throw, place or deposit any refuse as herein defined on
any property including Municipal, Regional, Provincial or Federal lands
or property of any local Board of Commission or any private property
within the Township of Mapleton, without the written consent of the
property owner.
Any person throwing, placing or depositing refuse on any property
without the written consent of the owner is guilty of an offence.
Section 3.4 shall not apply to garbage placed out for collection in
accordance with County of Wellington Recycling and Waste collection
Bylaw.
When any land is not maintained to the requirements of this by-law, the
Officer may notify the owner, occupant or other person responsible for
the maintenance of the property, in writing, directing that the land be
made to comply with the provisions of the by-law within a defined period
of time, but not less than seventy two (72) hours. Said notice shall be
sent to the last known address as shown on the last revised
assessment roll of the municipality or delivered personally to the owner,
occupant or person responsible for the property.
Where a notice has been sent pursuant to Section 3.6 and the
requirements of the notice have not been complied with, the
Corporation of the Township of Mapleton may direct that the work be
done at the expense of the owner or occupant. The expense incurred
may be recovered by action or by adding the costs to the tax roll and
collecting them in the same manner as taxes. Any person failing to
comply with a notice sent pursuant to Section 3.6 is quilty of an offence.
Pursuant to the current fees and charges by-law the Township of
Mapteton may charge a fee (Set out in Schedule ‘I') for inspection and
administration services, and a Certificate of Compliance issued under
Section 15.5(2) of the Ontario Building Code.
ADMINISTRATION AND ENFORCEMENT
4.1
4.3
This By-law shall apply to all property within the limits of the
Municipality and shall be enforced on a written complaint basis only.
The written complaint shall include the name, address and telephone
number or other contact information of the complainant. Failure to
provide the required complainant information shall render the complaint
incomplete and it will not be investigated.
If an article of this by-law is for any reason held to be invalid, the
remaining articles shall remain in effect until repealed.
Any person who contravenes any of the provisions of this by-law or who
fails to comply with the written order of an Officer is guilty of an offence
Township of Mapleton By-law Number 2012-049
Page 40f4
and on conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c.P.33.
READ a first and second time this 26th day of June, 2012.
READ a third time and passed this 26th day of June, 2012.
CZ Like
Mayor Bruce Whale
Loc pporn ae
CAO Clerk Patty Sinnamon