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By-law 2020-50
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The Corporation of the Municipality of Meaford
By-law Number 2020-50
Being a by-law respecting yard and boulevard
maintenance
Whereas, Section 5 (3) of the Municipal Act, S.O. 2001, c.25 provides that
municipal power shall be exercised by by-law; and
Whereas, Section 9 of said Act provides municipalities with broad authority
to legislate on matters related to the spheres of jurisdiction outlined in
section 11; and
Whereas, Council has the authority to pass by-laws respecting matters
related to public highways under its jurisdiction under subsection 27(1) of the
Municipal Act, 2001; and
Whereas, Section 127(a) of the Municipal Act, 2001 enables a municipality to
pass by- laws requiring the owner of lands to clean and clear the land; and
Whereas, Section 128 of the Municipal Act, 2001 enables a municipality to
pass by-laws which prohibit and regulate public nuisances, including matters
which in the opinion of Council are or could become or cause public nuisance;
and
Whereas, nuisance weeds may result in allergic reactions or health problems
for individuals and can disrupt ecological systems and nuisance weeds have an
impact on the health, safety and well-being of the inhabitants of the
Municipality and the natural environment; and
Whereas, long grass and nuisance weeds may pose a risk to safety and fire
safety, may impair visual sight lines, may create habitats for mosquitos,
rodents or other insects and animals and contributes to neighbourhood blight;
and
Whereas, Council of the Corporation of the Municipality of Meaford deems it
expedient and necessary to adopt a by-law to prescribe standards for yard
and boulevard maintenance.
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The Council of the Corporation of the Municipality of Meaford enacts
as follows:
1.0
Scope and Interpretation
1.1
The standards for maintenance of property set forth in this By-law
are hereby prescribed and adopted as the minimum requirements
for all property within the Municipality for the purposes of
enhancing the quality of communities and/or neighbourhoods, to
protect the health, safety and well-being of the public, and to
ensure the continued enjoyment of property for residents and
owners of the Municipality.
1.2
This By-law does not apply so as to prevent a farm, meeting the
definition of "agricultural operation" under the Farming and Food
Production Protection Act, 1998, S.O. 1998, c.1, from carrying
out a normal farm practice as provided for and defined under
that Act.
2.0
Conflict and Applicability
2.1
Where the provisions of this By-law conflict with the provision of
any other By-law in force in the Municipality the provision that
establishes the higher standard to protect the health, safety and
welfare of the general public shall prevail.
2.2
Where the provisions of this By-law conflict with any Act, the
provisions of the provincial standard shall prevail.
2.3
In the case of a conflict between this By-law and the permitted
uses of the Municipality Zoning By-laws and/or respective site
plan agreements, the provisions that establish the highest
standards to protect the health and safety of the public shall
apply.
2.4
Every owner of property situated within the Municipality,
including those areas within the Niagara Escarpment
Development Control area, shall maintain such property to the
applicable, prescribed and adopted minimum standards for all
property within the Municipality.
3.0
Definitions - General and Interpretation
3.1
Definitions of words and phrases used in this by-law that are not
included in the list of definitions in Section 5.0 of this by-law
shall have the meaning that are commonly assigned to them in
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the context in which they are used, taking into account the
specialized terms by the various trades and professions to which
the terminology applies.
3.2
The words used in the present tense include the future, words in
the masculine gender include the feminine and neuter; the
singular number includes the plural, and the plural includes the
singular.
3.3
The word "metre" shall be represented by the abbreviation "m",
the word "centimetre" shall be represented by the abbreviation
"cm", the word "millimetre" shall be represented by the
abbreviation "mm", and the word "feet" shall be represented by
the abbreviation "ft".
4.0
Definitions - Specific
4.1
"Appliances" includes, but is not limited to, a fridge, stove,
dishwasher, clothing washer or dryer.
4.2
"Boat" means any personal watercraft or similar vessel that is
designed and intended to permit the operator the ability to travel
upon the surface of water.
4.3
"Boulevard" means the part of a public street that is not used, or
intended to be used, for vehicle travel by the general public, and
is situated between the travelled portion of the road and all of
the adjoining property lines.
4.4
"Costs" means all monetary expenses incurred by the
Municipality during and throughout the process of any remedial
work, including interest. Costs may include an administrative
surcharge amount as determined by the Municipality's Fees and
Charges By-law.
4.5
"Compost" means a collection of humus material such as kitchen
and table waste, grass clippings, plant trimmings, weeds or
other leaves that are biodegradable waste.
4.6
"Compost Structure" is a self-contained container designed for
compost of other materials, constructed to confine compost.
4.7
"Corporation" means the Corporation the Municipality of
Meaford.
4.8
"Destroy" includes, but is not limited to, pulling or removing
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weeds, cutting weeds at their roots or stalks before the seeds
have developed sufficiently to ripen after cutting, or plowing or
cultivating the soil in which plants are growing.
4.9
"Derelict" shall mean a vehicle, machinery, trailer, motorized
snow vehicle, off-road vehicle, boat or vessel any other
recreational vehicle that:
a)
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; or
c)
Is not in roadworthy condition; or
d)
Is in a wrecked, dismantled, discarded, inoperative or
abandoned condition; or
e)
Is in a state of disrepair or is unsightly by reason of
missing doors, glass, or body parts; or
f)
Has broken or missing parts of such sufficiency so as to
render it incapable of being licensed to operate, where
such licensing is necessary.
4.10 "Derelict 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; or
b)
Not in a roadworthy condition; or
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 lawful operable
condition unless otherwise demonstrated by an authorized
By-law 2020-50
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licensed mechanic but does not include an antique or
historic motor vehicle which is actively being restored as a
collectors or historic vehicle.
4.11 "Domestic Waste" means any debris, rubbish, garbage, article,
matter or effluent usually belonging to or associated with a
residence, household or dwelling unit and includes but is not
limited to the following examples:
a)
Accumulation or deposits of grass clippings, weeds, brush,
tree and garden cuttings;
b)
Litter, food remains, rubbish, and trash, excluding
properly kept and maintained Compost piles and
Compost Structures;
c)
Paper, cartons, cardboard, clothing;
d)
Cans, glass, plastic containers, dishes or crockery;
e)
Rubble, including concrete, bricks, asphalt, patio or
sidewalk slabs;
f)
Human and animal waste.
4.12 "Exterior Property Areas" means a property, exclusive of a
building and any accessory buildings.
4.13 "Graffiti" shall mean one or more letters, symbols, marks,
etchings, pictorial representations, messages or slogans,
howsoever made, that disfigures or defaces a structure or thing,
but does not include any of the following:
a)
A sign, public notice, or traffic control mark authorized by
the Municipality;
b)
A sign, public notice or traffic control mark authorized by
Provincial or Federal law;
c)
Art murals.
4.14 "Ground Cover" means organic or non-organic material applied
in a manner to prevent the erosion of soil and/or materials
and/or the accumulation of mud, including but not limited to,
concrete, gravel, flagstone, patios, asphalt, interlocking stone, or
other forms of landscaping.
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4.15 "Historic vehicle" means a motor vehicle that is;
a)
At least 30 years old; and
b)
Substantially unchanged or unmodified from
original manufacturers product; and
c)
Appropriately insured for storage or use on the highway.
4.16 "Industrial Waste" means any debris, rubbish, garbage, article,
matter, or effluent belonging to or associated with industry or
commerce or concerning or relating to manufacturing or
concerning or relating to any trade, business, calling or
occupation and includes but is not limited to the following
examples:
a)
Articles, things, matter or effluent which in whole or in
part or fragments thereof, are derived from or are
constituted from or consist of, agricultural, animal,
vegetable, paper, lumber, or wood products, or mineral,
metal or chemical products;
b)
Containers of any size, type or composition;
c)
Material resulting from, or as part of, construction or
demolition projects;
d)
Paper, cardboard, packaging or wrapping;
e)
Rubble, inert fill;
f)
Bones, feather, hides.
4.17 "Infestation" means the overrunning of a property by vermin,
rodents and insects.
4.18 "Landscape Feature" shall mean fences, retaining walls, bird
baths, floral planters, fountains, statues, gazeboes, trellises and
other decorative features.
4.19 "Long Grass" includes any grasses which exceeds 20.35 cm (8
inches) in height, except on vacant property which exceeds 25
cm (10 inches) in height.
4.20 "Municipality" means the Corporation of the Municipality of
Meaford, or the land within the geographic limits of the
Corporation of the Municipality of Meaford as the context
requires.
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4.21 "Natural Garden" means a defined area of vegetation that has
been deliberately planted or cultivated with species of
wildflowers, shrubs, perennials, ornamental grasses or
combinations of them, consistent with a managed and natural
landscape.
4.22 "Naturalized Property" means property that is owned by the
Municipality of Meaford, County of Grey, the Provincial or Federal
Government or Grey Sauble Conservation Authority that is left in
a naturalized condition for the purposes of recreation or to
protect the surrounding environment or any woodland as defined
in the Municipality's Tree Protection By-law, and any successor
thereof.
4.23 "Noxious Weed" means a plant as defined in the Weed Control
Act, R.S.O. 1990,c. W. 5, as amended, that is deemed to be a
Noxious Weed under subsection 10 (1) or section 24 (a) of that
Act, as amended.
4.24 "Nuisance" means the use of land that creates, or is likely to
create, destructive, offensive or unhealthy gas or fumes, dust,
odour, noise, vibrations; or the unsightly storage of goods,
wares, salvage or machinery parts, junk, waste or other material
in such a manner that such may become hazardous or injurious
with respect to the health and safety; or otherwise prejudices
the character of the surrounding area or interferes with the
normal enjoyment or any use of activity in respect of land or
building.
4.25 "Officer" means a Municipal Law Enforcement Officer as
appointed by the Council of the Corporation of the Municipality of
Meaford, an OPP Officer, or any other person appointed by By-
law.
4.26 "Owner" means:
a)
the person for the time being managing or receiving the
rent of the land or premises, whether on the person's own
account or as agent or trustee of any other person, or who
would receive the rent if the land and premises were let;
and
b)
a lessee or occupant or tenant of the property who, under
the terms of a lease, is required to repair and maintain
the property in accordance with the standards for the
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maintenance and occupancy of property.
4.27 "Person" includes an individual, sole proprietorship, partnership,
limited partnership, trust, corporation, and an individual in his or
her capacity as a trustee, executor, administrator, or other legal
representatives.
4.28 "Property" means a building or accessory building, or part of a
building or accessory building, and includes the lands and
premises appurtenant thereto and all mobile structures, mobile
buildings, mobile homes, outbuildings, fences, retaining walls,
and erections thereon, whether heretofore or hereafter erected
and includes Vacant Property.
4.29 "Remedial work" means all work necessary for the correction or
elimination of a contravention of this By-law as cited in any
order issued under this By- law, including any such condition or
health hazard, actual or potential, that the contravention may
pose.
4.30 "Salvage" means saving and utilization of waste paper, scrap
metal, vehicles, parts of vehicles and trailers, appliances or other
materials.
4.31 "Safe Condition" means a condition that does not pose or
constitute an undue or unreasonable hazard or risk to life, limb
or health of any person on or about the property, and includes a
structurally sound condition.
4.32 "Standing Water" means any body of stagnant water, other than
a natural body of water that exists on a permanent basis or is
contained within a Municipal owned stormwater management
facility. This does not include standing water that is part of a
swimming pool, hot tub, wading pool or artificial pond that is
maintained in good repair;
4.33 "Street" means a highway as defined in Section 26 of the
Municipal Act, 2001.
4.34 "Unsafe Condition" means any condition that poses or
constitutes an undue or unreasonable hazard or risk to life, limb
or health of any person on or about the property.
4.35 "Vacant Property" means a property that does not have a
principal residence or any other accessory structure.
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4.36 "Vermin" means a mammal, bird or insect injurious to humans,
game or crops including, but not limited to, foxes, rats, mice,
moles, owls, weasels, ants, cockroaches, silverfish, fleas, bugs,
bedbugs or lice.
4.37 "Waste" means any waste including Domestic Waste, Industrial
Waste, Derelict machinery, and Derelict Vehicles.
4.38 "Weed" means a noxious weed designated by or under the
Weed Control Act, R.S.O. 1990, c. W.5, and any weed
designated as a local or noxious weed under a By-law.
4.39 "Zoning By-law" means a By-law passed under section 34 of the
Planning Act R.S.O. 1990 to regulate the use of lands, buildings
and structures.
5.0
Exterior Property Area - Maintenance
5.1
Every owner shall ensure all exterior property areas are kept in a
neat and tidy condition and do not present an unsafe condition.
5.2
Every owner of exterior property areas shall keep their ground,
yard or vacant property free from holes and excavation.
5.3
Every owner of exterior property shall ensure that the ground,
yard or vacant property is adequately drained, graded, clean or
cleared up and free from conditions that are out of character
with the surrounding lands and neighbourhood.
5.4
Without limiting the generality of subsection 5.1 and 5.2, all
owners shall ensure all exterior property areas are kept clean
and free from:
a)
Noxious weeds, and growth of other weeds, grass, and
ground cover in excess of 20.32 centimetres (8 inches)
and 25 centimetres (10 inches) in height on vacant
property;
b)
Waste;
c)
Standing water;
d)
Injurious insects, termites, rodents, vermin and other
pests and any condition that may promote an infestation;
e)
All animal excrement so as to minimize significant
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accumulation;
f)
Dead, decayed, or damaged trees, or other natural growth
and the branches and limbs thereof which create an unsafe
condition; and
g)
Deep ruts and holes.
5.5
Without limiting the generality of subsection 5.1 and 5.2, all
owners shall maintain all ground cover, hedges, bushes and
shrubs on all exterior property areas which are overgrown and
unkempt in relation to their environment;
5.6
Subsection 5.4 (a) of this by-law in reference to long grass and
ground cover does not apply to:
a)
Natural gardens;
b)
Naturalized property;
c)
Municipality owned property and parks, lands and open
spaces as identified in the municipality's Zoning By-law,
which shall continue to be maintained in accordance with
the care and maintenance objectives as defined by the
Municipality;
d)
Sections 5.4 (a) and(e) do not apply to a property that is
zoned Agricultural or Rural under the Municipality's Zoning
By-law, where the predominant use is for agricultural
purposes; and
e)
Any other government authority or utility corporation.
5.7
Subsection 5.4 (b) of this by-law does not apply to the owner of
a property when any wrecked, discarded, dismantled, partially
dismantled or abandoned machinery, motor, vehicles,
recreational vehicles, trailers, mobile home or other chattels or
parts thereof are on a property where they are required and
used for a lawful business purpose in accordance with the
Municipality's Zoning By-laws and any other applicable
legislation.
5.8
Subsection 5.4 (b) of this by-law does not apply to the owner of
a property where a Historic Vehicle is kept. Proof of insurance
shall be made available to the officer upon request.
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5.9
Every owner shall ensure a suitable ground cover is provided to
prevent erosion of the soil. Where grass forms a part of the
Ground Cover and has been killed, such dead areas shall be re-
sodded as often as required so as to restore the grass to a living
condition
5.10 Every owner shall ensure hedges, plantings, trees or other
landscaping required by the Municipality as a condition of site
development or redevelopment shall be maintained in a living
condition or shall be replaced with equivalent landscaping, so as
to carry out its intended function and maintain an attractive
appearance.
5.11 Every owner shall ensure landscaping and general maintenance
of the exterior property areas shall not detract from the
landscaping and the general maintenance of the neighbourhood
of which they are a part.
5.12 Every owner shall ensure an abandoned or unused well, septic
tank or a hole on a property is safely filled in, covered and
protected.
5.13 Every owner shall ensure all roofs and components of a roof on
buildings shall be maintained so as to prevent any snow and/or
ice accumulation where there is a risk of injury to any person.
5.14 Every owner shall ensure Vacant Land is graded, filled or
otherwise drained so as to prevent recurrent ponding.
5.15 Every owner of land shall ensure ice-box, refrigerator, freezer or
other container is not placed in an exterior property area for
disposal without first removing all locks and doors or taking
some other adequate precautionary measure to prevent a person
from being trapped in an ice-box, refrigerator, freezer or other
container.
5.16 Every owner shall maintain all landscape features on exterior
property areas in good repair.
5.17 Every owner of property who plants hedges, shrubs, trees or
other plants in the exterior property areas shall be planted and
maintained in a manner that, at the discretion of the
Municipality, does not:
a)
Adversely affect the safety of the public;
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b)
Adversely affect the safety of vehicular or pedestrian
traffic;
c)
Constitute an obstruction of view for vehicular or
pedestrian traffic; or
d)
Wholly or partially conceal or interfere with the use of any
hydrant or water valves.
5.18 Every owner of property shall maintain all adjoining boulevards
that abuts or adjoins their property and:
a)
Shall not place or deposit snow or ice on the portion of a
street normally used for pedestrian or vehicular traffic;
b)
May place or deposit snow and ice on their adjoining
boulevard until it becomes a nuisance or unsafe hazard;
and
c)
Shall not place, deposit or drop groundcover or equipment
on the boulevard or street without the approval or written
permission to do so from the Municipality.
5.19 Notwithstanding section 5.18, the owner of property is not
required to maintain the adjoining boulevard in a manner that is
out of character with the surrounding lands and neighbourhood.
5.20 Every owner or person shall not place, deposit or discard any
waste on the boulevard, without the approval of the Municipality
or in accordance with the Waste and Recycle By-law and any
successor thereof.
5.21 Every owner or person of property shall ensure that:
a)
All steps, pedestrian walkways, driveways, parking spaces
and other similar areas on their exterior property area are
maintained so as to avoid an unsafe condition and provide
a safe passage for pedestrians, mobility devices for persons
with a disability, baby carriages and vehicles;
b)
Any naturalized area within their exterior property area does
not encroach above or onto any adjacent property; and
c)
Where any naturalized area on their exterior property area
is located within a sight line triangle, as defined by the
Zoning By-law, such naturalized area shall comply with the
By-law 2020-50
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maximum height regulations in the zoning by-law respecting
sight line triangles.
6.0
Municipal Responsibilities
6.1
The responsibility of the owner of property for the maintenance
of the Boulevard as described in Section 5.18 (a), (b) and (c) of
this By-law does not apply to:
a)
Medians and traffic islands located in streets;
b)
Street trees, hedges, shrubs and maintained natural
gardens planted by the Corporation;
c)
Boulevards in which the land is adjoined and abuts
Municipality owned land other than a highway; and
d)
Where, in the opinion of the Officer, the owner of exterior
property area and of the adjoining land cannot maintain
the Boulevard due to steep grades, walls, fences, or other
constraints.
7.0
Using Boulevards for Municipal Purposes
7.1
Nothing in this By-law shall prevent the Municipality from
altering, opening or otherwise using any Boulevard for municipal
purposes.
8.0
Composting
8.1
Every owner that establishes one or more compost heaps or
compost structures shall maintain it in a clean and sanitary
condition and meet the requirements in section in 8.2, 8.3 and
8.4 of this by-law.
8.2
Every owner shall maintain the compost structure or compost
pile in such a manner as to deter animals.
8.3
No owner shall place, deposit or discard compost or other food
sources which encourage or feed wildlife.
8.4
Every owner shall ensure compost heaps or compost structures:
a)
Are for the sole use for the owner in which the compost is
deposited;
b)
Are limited to the disposal of acceptable compostable
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material in accordance with standards established by the
Ontario Ministry of the Environment and local health
authorities;
c)
Do not consist of any animal matter (meat, dairy, feces,
bones or animal fats);
d)
Are kept free of pests, such as rodents, vermin, termites
and injurious insects and any condition that may promote
an infestation;
e)
Are not located in the front yard of the exterior property
area;
f)
Is maintained in a composter or a compost heap in the
exterior property area that is not larger than two square
metres (21.5 square feet) and one metre (39 inches) in
height;
g)
Are not located closer than 1.0 meters to any side or rear
property lot line; and
h)
Is not located closer than six metres to any side or rear
property line where the compost heap or compost
structure is greater in size than one square metre.
8.5
Agricultural uses are exempt from sections 8.3 (d) and as
permitted by the Zoning By-law.
9.0
Graffiti
9.1
No person shall place, or permit to be placed, graffiti on
property.
9.2
The owner of a property shall keep the property free of graffiti.
10.0 Firewood
10.1 No owner shall keep firewood on the property unless actually
used for wood burning on the property.
10.2 Firewood shall be kept stored in neat and orderly piles.
11.0 Litter
11.1 No person shall throw, place or deposit waste on Municipal
property without the written authority of the Municipality.
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12.0 Inspection
12.1 For the purpose of ensuring compliance with this By-law, an
Officer may, at all reasonable times, enter upon and inspect any
land to determine whether or not the following are being
complied with:
a)
This By-law;
b)
A direction or order made under this By-law; or
c)
A prohibition order made under s. 431 of the Municipal Act,
2001.
12.2 An officer may undertake an inspection pursuant to an order
issued by a provincial judge or justice of the peace under section
438 of the Municipal Act, 2001 where he or she has been
prevented or is likely to be prevented from carrying out an
inspection under section 12.1.
13.0 Order/Notice to Discontinue Activity
13.1 When any property or boulevard is not maintained to the
requirements of this By-law, the Officer may notify the owner or
other person responsible for the maintenance of the property or
boulevard, by issuing an Order/Notice directing the owner to
comply with the provisions of this By-law immediately on the
boulevard, and within a defined period of time, but not less than
seventy-two (72) hours on a property. Every person shall
comply with such an order.
13.2 Every Order/Notice sent by the Officer shall identify the land and
structure and outline the deficiencies to correct within a specified
time limit.
13.3 Every Order/Notice shall be sent to the last known address as
shown on the last revised assessment roll of the Municipality, or
posted on the subject property in a conspicuous location, or
delivered personally to the owner or person responsible for the
property or the boulevard.
13.4 Service by mail or registered mail shall be deemed served to be
effective on the fourth day after the Order/Notice is mailed.
13.5 Service by email shall be deemed served and effective on the
third day after the Order/Notice is sent.
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14.0 Work Order/Notice
14.1 Where an Order/Notice has been sent pursuant to Section 13
and the requirements of the Order have not been complied with,
the Municipality may direct that Remedial Work be done at the
expense of the Owner.
15.0 Remediation - work done by owner or person
15.1 If an Officer determines that an owner has created a
contravention/violation on the boulevard which constitutes an
unsafe hazard, the Officer may cause the owner or person to
discontinue the contravention immediately and require the
boulevard to be repaired as necessary, at the expense of owner.
15.2 If there is evidence that the person in possession of the Land is
not the registered property owner of the Land, then the
Order/Notice shall be served on both the registered property
owner and any person in possession of the property.
16.0 Remediation - work done by Municipality
16.1 Where an owner or person, who has been served with a
Order/Notice of Contravention/Violation under Section 13 herein,
fails to comply with the Order/Notice, an Officer or any
authorized agent on behalf of the Corporation may enter on the
Property at any reasonable time and complete the work required
to bring the exterior property area and boulevards into
compliance with the provisions of this By-law as set out in the
Order/Notice.
16.2 The Municipality may recover its costs of remedying a violation
of this By-law by invoicing the owner or person, by initiating
court proceedings or by adding the costs, including interest, to
the tax roll in the same manner as municipal taxes in accordance
with section 446 of the Municipal Act, 2001.
16.3 The exercise of any one remedy defined in section 16.2 shall not
preclude the exercise of any other available remedy.
16.4 The Municipality may charge a fee for inspection and
administration services pursuant to the Municipality Fees and
Charges By-law.
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17.0 Enforcement and Penalty provisions
17.1 The enforcement of this By-law shall be conducted by an Officer.
17.2 An Officer may enter on land at any reasonable time for the
purposes of carrying out an inspection to determine whether or
not the By-law is complied with.
17.3 Every person who contravenes any provision of this By-law, or
every director or officer of a corporation, who knowingly concurs
in the contravention by a corporation is guilty of an offence and
upon conviction is liable to:
a)
On a first offence, to a fine, not more than $1,000.00; and
b)
On a second offence and each subsequent offence, to a
fine of not more than $5,000.00.
17.4 Every person who contravenes any provision of this bylaw is
guilty of an offence and upon conviction shall be subject to a fine
as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.
33, as amended.
17.5 No person shall hinder or obstruct, or attempt to hinder or
obstruct, any Officer exercising a power or performing a duty
under this By-law.
17.6 Every person who is alleged to have contravened any of the
provisions of this By-law shall identify themselves to an Officer
upon request. Failure to do so shall be deemed to have hindered
or obstructed an Officer in the execution of his or her duties.
17.7 Upon conviction, any penalty imposed under this By-law may be
collected under the authority of the Provincial Offences Act,
R.S.O. 1990, c. P. 33, as amended.
17.8 If a person is convicted of an offence under this By-law, the
court in which the conviction has been entered and any other
court of competent jurisdiction may, in addition to any other
remedy and to any penalty imposed, make an order prohibiting
the continuation or repetition of the offence by the person
convicted.
18.0 Schedules
18.1 That the plants identified in Schedule A, attached hereto and
By-law 2020-50
Page 18 of 20
forming part of this by-law, are hereby defined as noxious weeds
as per the Weed Control Act, R.S.O. 1990 c. W.5.
19.0 Severability
19.1 Notwithstanding any section, subsections, clause, paragraph or
provision of this By-law, or parts thereof may be declared by a
court of competent jurisdiction to be invalid, unenforceable,
illegal or beyond the powers of Council to enact, such section or
sections or parts thereof shall be deemed to be severable and
that all other sections or parts of this By-law are separate and
independent therefrom and enacted as such as a whole. The
same shall not affect the validity or enforceability of any other
provisions of this By-law or of the By-law as a whole.
20.0 Repeal
20.1 That by-law 2009-74 and 2012-35 are hereby repealed.
21.0 Short Title
21.1 This by-law shall be known as the "Yard Maintenance By-law".
22.0 Effective Date
22.1 This by-law shall come into force and take effect upon passing.
Read a first, second and third time and finally passed this 27th day
of July, 2020.
Barb Clumpus, Mayor
Matthew Smith, Clerk
By-law 2020-50
Page 19 of 20
Schedule A - Noxious weeds
As per, Weed Control Act, R.S.O. 1990 c. W.5
ITEM
COMMON NAME
SCIENTIFIC NAME
1.
Black Dog-strangling
Vine
Vincetoxicum nigrum (L.) Moench
2.
Buckthorn, European
Rhamnus cathartica L.
3.
Coltsfoot
Tussilago farfara L.
4.
Common Barberry
Berberis vulgaris L.
5.
Common Crupina
Crupina vulgaris, Cass.
6.
Cypress Spurge
Euphorbia cyparissias L.
7.
Dodder spp.
Cuscuta spp.
8.
Dog-strangling Vine
Vincetoxicum rossicum (Kleopow) Barbar.
9.
Giant Hogweed
Heracleum mantegazzianum Sommier &
Levier
10.
Hemlock, poison
Conium maculatum L.
11.
Jointed goatgrass
Aegilops cylindrica Host
12.
Knapweed spp.
Centaurea spp.
13.
Kudzu
Pueraria montana (Lour.) Merr.
14.
Leafy Spurge
Euphorbia esula L.
15.
Poison-ivy
Toxicodendron radicans (L.) Kuntze
16.
Ragweed spp.
Ambrosia spp.
17.
Serrated tussock
Nassella trichotoma Hackel ex Arech.
18.
Smooth bedstraw
Galium mollugo L.
19.
Sow-thistle spp.
Sonchus spp.
20.
Tansy Ragwort
Senecio jacobaea L.
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21.
Thistle, Bull
Cirsium vulgare (Savi) Tenore
22.
Thistle, Canada
Cirsium arvense (L.) Scopoli
23.
Wild chervil
Anthriscus sylvestris (L.) Hoffmann
24.
Wild parsnip
Pastinaca sativa L.
25.
Woolly Cupgrass
Eriochloa villosa (Thunb.) Kunth