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THE CORPORATION
OF THE
TOWN OF NIAGARA-ON-THE-LAKE
BY-LAW NO. 5190-19
A BY-LAW FOR MAINTAINING LAND IN A CLEAN AND
CLEAR CONDITION AND REPEAL BY-LAW 4114-07
WHEREAS Section 127 of the Municipal Act, 2001 S.O. 2001, c.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 land, not including buildings and to regulate when
and how such matters shall be done and 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 Town of Niagara-on-the-Lake;
AND WHEREAS this By-law shall be known and cited as the Clean Yard By-
law.
NOW THEREFORE the Council of The Corporation of the Town of Niagara-on-
the-Lake enacts as follows:
DEFINITIONS
1.1
"Refuse" includes but is not limited to debris, rubbish, junk, litter, paper,
paper products, disused materials, 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.
1.2
"Buffer" shall mean an area of land abutting a residential use on which all
grass and other living vegetation shall be maintained at a height of no
more than 200 mm (8 inches) for a depth of 10 meters (32.8 feet).
1.3
"Occupant" means any person or persons over the age of 18 years in
possession of property.
1.4
"Officer" means a Municipal Law Enforcement Officer appointed by by-
law and assigned the responsibility for enforcing and administering this
by-law.
1.5
"Person" means an
individual, firm,
corporation,
association or
partnership.
1.6
"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.
1.7
"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.
Page 2- Clean Yard By-law 5190-19
SCOPE
2.1.
Where a provision of this by-law conflicts with a provision of another by-
law in force in the Town of Niagara-on-the-Lake, the provision that
establishes the higher standard shall prevail in order to protect the
health, safety and welfare of the general public.
LOT MAINTENANCE
3.1
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 and objects or conditions that may create a
health, fire or accident hazard;
b)
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;
c)
Overgrown brush, undergrowth and noxious weeds as defined by
the Weed Control Act;
d)
Dilapidated, collapsed or partially constructed structures which are
not currently under construction;
e)
Injurious insects, termites, rodents, vermin or other pests; and,
f)
Dead, diseased, decayed or damaged trees or other natural
growth.
3.1.1
a)
All residential property shall be maintained so that all grass is
maintained at a height of no more than 20 em (8 inches);
b)
Notwithstanding 3.1.1.a) All non-residential property abutting
residential property maintain a buffer for the length of the lot line
between the residential and non-residential properties.
Every owner, lessee or occupant who fails to maintain land clean and
free from refuse is guilty of an offence.
3.2
No person shall throw, place or deposit any refuse as herein defined on
any property including Town, Regional, Provincial or Federal lands or the
property of any local Board or Commission or any private property within
the Town of Niagara-on-the-Lake, 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.
3.3
Section 3.2 shall not apply to garbage placed out for collection in
accordance with the Town's or Region's by-laws respecting garbage
collection.
3.4
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
rolls of the municipality or delivered personally to the owner, occupant or
person responsible for the property.
3.5
Where a notice has been sent pursuant to Section 3.5 and the
requirements of the notice have not been complied with, the Town 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 3.5 is
guilty of an offence.
Page 3- Clean Yard By-law 5190-19
DRIVEWAYS AND PARKING AREAS
4.1
All driveways and parking areas shall be surfaced with a suitable
material such as; gravel, concrete, asphalt, pavers or other material
designed for the purpose of surfacing.
4.2
No person shall park or store any vehicle, boat, trailer, recreational
vehicle or other conveyance on any area not properly surfaced as in
Section 4.1.
Any person who parks or stores a vehicle, boat, trailer, recreational vehicle or
other conveyance on an area which has not been properly surfaced is guilty of
an offence.
ADMINISTRATION AND ENFORCEMENT
5.1
If an article of this by-law is for any reason held to be invalid, the
remaining articles shall remain in effect until repealed.
5.2
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
and on conviction is liable to a fine as provided for in the Provincial
Offences Act, R.S.O. 1990, c.P.33.
5.3
By-Law No. 4114-07 is hereby repealed.
5.4
This by-Law shall come into force and take effect on the passing thereof.
READ A FIRST, SECOND AND THIRD TIME AND PASSED THIS 20TH DAY
OFJANUARY 2020