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CORPORATION OF THE TOWNSHIP OF McNAB/BRAESIDE
By-Law No. 2016-35
Being a By-law respecting the cleaning up of yards and vacant lots in the Township of
McNab/Braeside.
Whereas Sections 11(2) clauses 5 & 6, 127, 128 and 131 of the Municipal Act 2001, SO 2001 c. 25
as amended authorizes municipalities to pass by-laws for requiring the cleaning and clearing of
yards, for prohibiting the depositing of refuse on private and public lands; and for prohibiting
automotive wrecking yards; and
Whereas Section 127 of the Municipal Act 2001, $.O. 2001, c.25, as amended, permits a
municipality may pass by-laws requiring an 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 for regulating when and how such matters shall be done, for prohibiting the disposal of
refuse or debris on land without the consent of the owner or occupant of land and for defining
"refuse"; and
Whereas Section 446 of the Municipal Act 2001, SO 2001 c. 25 permits a municipality to enact
a by-law to require that a matter or thing be done by a person and in default, the matter or
thing may be done by the municipality at the person's expense and further that the costs of
doing so may be added to the tax rolls and collected in the same manner as taxes; 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, and to ensure the
continued enjoyment of property for residents and property owners in the Township of McNab
/ Braeside;
Now Therefore the Council of the Corporation of the Township of McNab / Braeside enacts
as follows:
1. Application
This by-law shall apply to all properties within the Township of McNab / Braeside which
are used for residential, commercial, industrial and institutional purposes.
2. Definitions:
(a) "boulevard" means the area between the right of way limit and the curb. Also
referred to as "road edge" in this document. See also "inner boulevard” and
"outer boulevard".
(b) “Derby Car” means a motor vehicle designed or intended to be used in a
Demolition Derby
{c) "Corporation" means the Corporation of the Township of McNab / Braeside;
{d) “inner boulevard" means that portion of the road edge between the curb and the
sidewalk,
{e) “notice” means a notice as set out in Appendix "A” of this Bylaw;
(f) “occupant” means the registered owner of property, tenant or occupant or
person for the time being managing or receiving the rent from the property,
whether on his own account or on account of an agent or trustee of any person,
or any one of the aforesaid;
(g) “officer” means a person or entity employed directly or indirectly to provide
Municipal Law Enforcement Services on behalf of the Corporation as its agent and
includes his/her designate assigned the responsibility for enforcing and
administering this by-law;
(h) “outer boulevard" means that portion of the road edge between the sidewalk
and the right of way limit.
By-Law #2016-35 - Clean Yards Page 2 of 6
(i)
(k)
(1)
(m)
“nroperty" means any parcel of land or registered water lot and, without limiting
the generality of the foregoing, shall mean lands and/or premises appurtenant to
a building or structure, whether residential, commercial, industrial or institutional,
and includes vacant property;
"refuse" or "debris" means any article, thing or matter that has been cast aside
or discarded or abandoned, whether of any value or not, or that has been used
up in whole or in part, or expended, or worn out in whole or in part;
Without restricting the generality of the foregoing, refuse or debris may include:
i) garbage, rubbish, junk or litter.
ii) excessive accumulations or piles of grass clippings, tree and
garden cuttings, brush and leaves which are not part of a
horticultural or composting process;
iii) unusable containers such as crockery, dishes, glassware,
bottles, plastic containers and cans;
iv) discarded paper, paper products, cardboard, clothing;
v) unused, discarded or inoperable appliances such as stoves,
refrigerators and other such appliances, furniture,
machinery parts, pipes, water or fuel tanks;
vi} any unused, abandoned, dismantled or inoperative vehicle;
vii) any wrecked, dismantled, discarded vehicle or automotive
parts or accessories, mechanical parts, unmounted or
mounted tires, accessories or adjuncts to any vehicle or
mechanical equipment;
viii) any all-terrain vehicle, motor home, motorized snow
vehicle, motorized recreational vehicle or camper, traction
engine, farm or lawn tractor, road-building machine or a
vehicle drawn, propeiled or driven by any kind of power,
including horse power or manpower, boat, watercraft or
trailer or part thereof, which is in a wrecked, discarded,
dismantled, inoperative or abandoned condition unless it is
necessary for the operation of a business lawfully situated on the
property;
ix) broken concrete or asphalt pavement, patio/sidewalk
slabs, unusable building materials;
x} discarded, unused or stored materials resulting from or as
part of construction, alteration, repair or demolition of any
building or structure, or old or decayed lumber;
xi) any refuse or debris, or any other materials, objects or
conditions that may create a health, fire or accident hazard;
xii) dilapidated, collapsed or partially constructed structures
which are not currently under construction or repair;
xiil) discarded, dead, diseased, decayed or damaged trees or
brush not neatly stacked and intended for use for heating
purposes;
“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;
“right-of-way” means the corridor of land owned by a municipality
within which a road is located. This includes the road pavement and
boulevards on either side.
"vehicle" means an automobile, motorcycle, motor assisted bicycle,
traction engine, farm tractor or farm machinery, road building machine,
construction vehicle, bulldozer, backhoe, excavator, grader, asphalter, earth
mover, compactor, crane, lift, skid steer, generator, welder, street car or other
vehicle running only on rails, motorized snow vehicle, off road vehicle, trailer,
boat, bicycle, or any vehicle drawn, propelled or driven by any kind of
By-Law #2016-35 - Clean Yards Page 3 of 6
3. Scope
power, including but not limited to mechanical power, muscular power — or
wind power.
This By-law does not apply so as to prevent a farm operation or practice meeting the
definition of “agricultural operation" and “normal farm practice” under the Farming and
Food Production Protection Act, 1998, SO 1998, c.1 as amended from carrying out a
normal farm practice as provided for and defined under that Act.
4, General Standards
a)
b)
d)
e)
f)
g)
h)
Every owner, tenant or occupant of property shall maintain said property clean and
free from refuse and/or debris.
No owner, tenant or occupant of property shall permit Commercial waste bins
or dumpsters on residential properties except on a temporary basis during
construction or demolition projects.
Every owner, tenant or occupant of property shall keep the vegetation on the
property maintained so that its height is maintained not to exceed a maximum
of approximately 15 cm (6 inches}.and free from any overgrowth of weeds such
as dandelions, ragweed, and thistles. Any noxious weeds must be controlled
and/or removed from the property.
Every owner, tenant or occupant of property shall keep grass or improved surfaces
adjacent to a particular private property, within the right-of-way, between the
private property and the road curb line or road edge of pavement referred to as
the inner or outer boulevard shall be maintained in a state of good repair as set
out in this by-law by the owner, tenant or occupant of the private property, and
kept in a clean, clear and safe condition.
Property located in the following zones, as designated in the Township of McNab
/ Braeside Comprehensive Zoning Bylaw as amended, shall be exempt from the
above provision: Environmental Protection (EP}, Open Space (0S), and any
exception zones to these zones.
Every owner, tenant or occupant of property shall keep hedges, shrubs and trees
adjacent to a public sidewalk, walkway or roadway cut and trimmed so as not to
encroach into the sidewalk and to allow safe, unhindered passage by pedestrians
or vehicles.
No person shall throw, place or deposit, or permit any person to throw,
place or deposit, any refuse or debris as herein defined on any property
within the Township of McNab / Braeside without the written consent of
the property owner, and only then in accordance with this by-law.
Every owner, tenant or occupant shall keep their property free and clear of
infestations of injurious insects, termites, rodents, vermin or other pests.
No owner, tenant or occupant of residential land shall store any unused,
inoperative or unlicensed motor vehicles, Derby Cars, vehicle parts, or other
inoperative or derelict equipment or machinery on the property unless the subject
item(s) are stored in a side or rear yard and the subject item(s) are screened from
view from any street or from any residential other residential property or the
subject item(s) are stored out of sight in an enclosed structure.
The above provisions shall not apply to owner, tenants or occupants of land zoned
to permit the land to be used for such purposes by the Township’s Comprehensive
Zoning By-law OR to owner, tenants or occupants of residential land who are
actively restoring not more than two vehicles, providing that the vehicles are
stored in an enclosed permanent structure and restoration work is located in such
a manner so as to be screened from view by neighbouring property owners,
tenants or occupants, or from adjacent roadways.
By-Law #2016-35 - Clean Yards Page 4 of 6
i) No owner, tenant or occupant of land shall keep a swimming pool, hot tub,
wading pool or artificial pond unless it is maintained in good repair and
working condition.
5. Liability
Pursuant to Section 448 of the Municipal Act, SO 2001, c, 25 as amended, no proceeding
for damages or otherwise shall be commenced against a member of Council or an officer,
employee or agent of the municipality or a person acting under the instructions of the
officer, employee or agent for any act done in good faith in the performance or intended
performance of a duty or authority under this by-law for any alleged neglect or default in
the performance in good faith of the duty or authority.
6. Right of Entry
Pursuant to Section 435 and 436 of the Municipal Act, SO 2001, c.25 as amended, an
officer may enter upon property, at any reasonable time, for the purpose of carrying out
inspections of or on such property to determine whether or not the provisions of this by-
law are being complied with.
In accordance with the provisions of Section 426(1) of the Municipal Act, SO 2001,
¢.25 as amended, no person shall hinder, interfere with, or otherwise obstruct, either
directly or indirectly, an officer in the lawful exercise or power or duty under this by-law.
7. Administration and Enforcement
a) When any property is not maintained to the requirements of this by-law, the
officer may notify the owner, tenant or occupant, or other person responsible for
the maintenance of the property, using the Notice in Appendix "A" attached
hereto, directing that the property be made to comply with the provisions of the
by-law within a defined period of time, but not less than 48 (forty eight) hours
from the date of the Notice. Said Notice shall be sent by registered mail to the last
known address as shown on the last revised assessment rolls of the municipality
or delivered personally to the owner, tenant or occupant or person responsible
for the property.
b) Where a Notice has been sent pursuant to Section 7a) and the requirements of
the Notice have not been complied with, the officer may order that the work be
done at the expense of the owner, tenant or occupant.
An Order to Remedy shall be sent by registered mail to the last known address as
shown on the last revised assessment rolls of the municipality or delivered
personally to the owner, tenant or occupant or person responsible for the property.
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, pursuant to Section 446(3) of
the Municipal Act, SO 2001, c. 25, as amended. The municipality has the option to
apply a $200.00 administration fee to this process should it be necessary.
Cc) An Order shall be in the form as set out in Appendix "B" to this by-law.
d) In the case of a health, safety or fire hazard, an officer may order that the hazard
be removed forthwith without the Notice as described in Section 7a) being
completed.
e) in the event an officer is unable to serve a Notice and/or Order by registered mail
or personally, the Notice and/or Order may be posted in a conspicuous place on
the property, and the placing of the Notice and/or Order shall be deemed to be
sufficient service of the Notice and/or Order on the property owner.
f) For clarity, where the owner, tenant or occupant fails to comply with an
Order issued under this by-law within the time specified for compliance,
the Township in addition to all other remedies:
i) shall have the right to enter in and upon the lands and to restore the lands
and carry out remedial action specified in the Order at the owner's
expense; and
By-Law #2016-35 - Clean Yards Page 5 of 6
8.
9.
10.
a)
ii) shall not be liable to compensate such owner, tenant or occupant or any
other person having interest in the property by reason of anything done by
or on behalf of the Township under the provisions of this Section; and
iii) where any materials or things are removed in accordance with this
Section, the materials or things may be immediately disposed of by the
officer and any recovered salvage value or other actual recovery of
money made upon such disposal! shall be credited against costs; and
iv) where a vehicle has been removed, impounded, restrained or immobilized
according to Section 170(15) of the Highway Traffic Act, RSO 1990, as
amended, in violation of this by-law, all costs associated with the removal,
impoundment, restraining or immobilization will be the responsibility of
the registered owner of the vehicle.
Offences
Any person who contravenes any provision of this by-law is guilty of an offence,
and upon conviction is liable to the penalties as provided for in the Provincial
Offences Act, R. S. O. 1990, c. P. 33 as amended.
b) A person who is convicted of an offence under this by-law is liable, for each day or
part of a day that the offence continues, to a minimum fine of $200.00 and a
maximum fine of $10,000.00 and the total of all of the daily fines for the offence is
not limited to $100,000.00 as provided for in subsection 429(3)2 of the Municipal
Act, 2001, S.0 2001, c.25, as amended.
Validity
a) Should a court of competent jurisdiction declare a part or whole of any provisions of
this by-law to be invalid or of no force and effect, the provision or part is deemed
severable from this by-law. It is the intention of Council that the remainder survives
and be applied and enforced in accordance with its terms to the extent possible
under the law so as to protect the public by ensuring a minimum standard for
maintenance of yards is maintained.
b) Where a provision of this by-law conflicts with the provisions of another bylaw, Act or
Regulation in force within the Township of McNab / Braeside, the provisions that
establish the higher standards to protect the health and safety of persons shall prevail.
Enactment
BE IT FURTHER ENACTED, that all By-Laws or parts thereof, and all or any resolutions of Council
contrary thereto, or inconsistent herewith, be and the same are hereby repealed
READ a first time this 7, day of June, 2016.
READ a second time this 7*, day of June, 2016.
READ a third and final time and passed this 7", day of June, 2016.
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Ff LLG Ai rola s (OAL
MAYOR
CAO/CLERK
By-Law #2016-35 - Clean Yards Page 6 of 6
CORPORATION OF THE TOWNSHIP OF McNAB/BRAESIDE
By-Law No. 2016-35
PART 1 PROVINCIAL OFFENCES ACT
item Column 1 Column 2 Column 3
Short Form Wording Provision creating or Set Fine
defining offence
1 Fail to Maintain Property - Debris Section 4.a) $200.00
2 Commercial Waste Bin — Prohibited Section 4. b} $200.00
Residential
3 Fail to Maintain Property -Weeds/ | Section 4. c) $200.00
Overgrowth
4 Fail to Maintain Surfaces Adjacent to | Section 4. d) $200.00
Private Property
5 Fail to Maintain Hedge, Shrub or Tree | Section 4. e) $200.00
6 Littering Section 4. f} $200.00
7 Permit Littering Section 4. f) $200.00
8 Permit Infestation — Section 4. g) $200.00
Insects / Rodents / Vermin
9 Storage Prohibited Section 4. h) $200.00
10 Pool/ Hot Tub / Pond — Not Section 4. i) $200.00
Maintained
Note: the penalty provision for the offences listed above is section 8(a) of bylaw 2016-35, a
certified copy of which has been filed.