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The Corporation of the Township of North Kawartha
North Kawartha
By-law # 91 /11
A by-law to require owners and occupiers of land to clean and clear the land.
Whereas Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, may require the
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 prohibit the
depositing of refuse or debris on land without the consent of the owner or occupant
of the land.
And Whereas the Council of the Corporation of the Township of North Kawartha
deems it necessary and expedient, and in the public interest to enact a by-law to
prohibit litter of private or municipal property for all residential, seasonal,
rural/agricultural, commercial and industrial uses;
And Whereas the Township of North Kawartha deems it necessary to regulate
when and how the cleaning and clearing of land within the Township shall be done.
Now Therefore the Council of the Corporation of the Township of North
Kawartha enacts as follows:
1.
Definitions for the purpose of this By-law:
(a) "Commercial or Industrial Waste" means any article, thing,
matter or any effluent belonging to or associated with industry or
commerce or concerning or relating to manufacture or concerning
or relating to any trade, business, calling or occupation that
appears to be waste material.
(b) "Heavy pick-up wastes" means weighty or bulky articles such as
furniture, bed springs, mattresses, barrels, boxes, water and fuel
tanks (empty only), and any other discarded material which would
normally accumulate at a dwelling.
(c) "Household wastes" means ashes, garbage, rubbish, discarded
material, clothing, waste paper, broken crockery, glassware, and
other such articles as would normally accumulate at a dwelling, but
shall not include weighty or bulky articles such as stoves,
mattresses, furniture, barrels, boxes, trees, discarded truck and
automobile parts, tires or batteries, manufacturer's waste water
and fuel tanks, liquid waste, straw, hay and manure, carcass of
any dead or live bird, animal feces, natural soil, earth, sand, clay,
gravel, stones or other excavated materials, and fence wire.
(d) "Municipal property" means any property under the jurisdiction of
the Municipality.
(e) "Municipality" means the Corporation of the Township of North
Kawartha.
(f) "Occupier" includes a lessee, tenant, mortgagee in possession or
any other person in possession of any premises.
(g) "Officer" means a municipal by-law enforcement officer appointed
by the Township of North Kawartha.
(h) "Order" means an order issued by an officer under subsection 6
(i) "Owner" means the person identified in the most recent tax roll as
the owner of any premises.
(j) "Person" means a natural person, unincorporated association or
organization, firm, partnership, private club, corporation, agent or
trustee and the heirs, executors, administrators, or other legal
representatives of a person to whom the context can apply
according to the By-Law.
(k) "Private property" means privately owned property zoned for
residential, seasonal, rural/agricultural, commercial or industrial
use.
(l) "Premises" means any grounds, yard, parking lot, vacant land or
other parcel of land, including Private Property, but does not
include any buildings.
(m) "Refuse or Debris" shall include sand, rock, gravel, liquids,
domestic garbage, asphalt, concrete or pieces thereof or any
commercial or industrial waste.
(n) "Waste material" includes:
i.
garbage, rubbish, discarded building materials, refuse
or junk, boulders, trees or tree stumps;
ii.
table waste, paper, cartons, crockery, glassware, cans,
garden refuse, earth or rock fill, old or decayed lumber;
iii.
vehicle that appears by reason of its appearance,
mechanical condition or lack of current licence plates to
be inoperative;
iv.
derelict, abandoned or inoperable machinery, mechanical
equipment, automotive and mechanical parts, derelict or
abandoned vessels, appliances, furnaces, heat or fuel
tanks and furnishings, both household and commercial;
v.
agricultural waste or sewage, or any liquid waste
accumulated from home or place of business beyond
what may be permitted by the Ministry of Agriculture and
Ministry of Environment under the Nutrient Management
Act;
vi.
animal carcasses
(j)
"Wastes" shall mean any or all of the definitions of this section
for the purposes of this By-law, including heavy pick-up wastes,
household wastes, refuse or debris and waste material.
2.
Offences
2.1
Where on any premises there is Waste material, Refuse or Debris, the
owner or occupier of the premises shall remove the Waste material,
Refuse or Debris so that the premises are left in a clean condition.
2.2
No owner shall allow or permit the creation, presence or existence of
any Refuse or Debris, Waste material or Wastes in or upon any yards,
vacant lots, grounds or buildings which such owner owns, rents,
occupies or has an interest in, whether such interest is legal or
equitable.
2.3
No person shall throw, place or deposit any Refuse or Debris, Waste
material or Wastes on private property or on the property of the
municipality or any local board thereof without authority from the owner
or occupant of such property.
3.
Removal
Where the property owner or municipal authorities are required to remove
any Refuse or Debris, Waste material or Wastes deposited on their property,
the full cost of such removal shall be recoverable from the person responsible
or the property owner responsible for such littering or discarding.
4.
Notice unauthorized dumping in municipal property containers
The municipality shall post notice that unauthorized dumping in a container or
dumpster placed on municipal property is prohibited in accordance with this
By-law.
5.
Inspections
5.1
The By-law Enforcement Officer, or other person appointed for the
purpose of enforcing this By-law may, at any reasonable time, enter
upon any premises for the purpose of carrying out an inspection to
determine whether or not the provisions of this by-law have been
complied with.
5.2
No person shall prevent, hinder or interfere or attempt to prevent,
hinder or interfere with an inspection undertaken by an officer or other
person appointed for the purpose of enforcing this By-Law.
6.
Order to Comply
6.1
Where an officer is satisfied that there has been a contravention of
any provision of this by-law, the officer may issue an order requiring
the owner or occupier of the premises on which the contravention has
occurred to do work to correct the contravention.
6.2
An order shall set out,
(a)
Reasonable particulars of the contravention;
(b)
The location of the premises;
(c)
The general nature of the work required to be done to correct
the contravention; and
(d)
The date by which the work must be done.
6.3
An order may be served by,
(a)
Personally delivering it to the owner or occupier;
(b)
Sending it by registered mail to the owner at the address of the
owner shown on the last revised assessment roll for the
premises or the last known address of the owner; or
(c)
Sending it by registered mail to the occupier at the last known
address of the occupier.
6.4
If the address of an occupier is unknown or the Municipality is unable
to effect service on an owner of occupier in accordance with
subsection 6.3, a placard setting out the terms of the order may be
placed in a conspicuous place on or near the owner's or occupier's
property.
6.5
Service of an order under this section shall be deemed to have been
effected on the date that it is delivered personally, three days after it
was mailed, or the date that it is posted on the property, as the case
may be.
7.
No person shall fail to comply with an order.
8.
Remedial Action
8.1
Where an order has been issued and compliance has not been
achieved by the date specified in the order, the Municipality may cause
the work set out in the order to be done.
8.2
The Municipality may recover the costs of doing any work undertaken
pursuant to subsection 8.1, together with an administration charge of
$75.00, from the person required to do it by action or by adding the
costs to the tax roll and collecting them in the same manner as
property taxes.
9.
Other Legislation
If this By-law conflicts with the provisions of any Provincial Statute and/or By-
law of the County of Peterborough, the provisions of that Provincial Statute
and/or By-law prevail to the extent of the conflict.
10.
Validity and Severability
Should any section, sub-section, clause, paragraph or provision of this By-law
be declared by a court of competent jurisdiction to be invalid or
unenforceable, the same shall not affect the validity or enforceability of any
other provisions of the By-law or of the By-law as a whole.
11.
Penalty
Every person who contravenes any provision of this By-law is guilty of an
offence and liable upon conviction to a penalty not exceeding $5,000.00
Exclusive of costs and the provisions of the Provincial Offences Act, R.S.O.
1990, c. P.33, as amended, shall apply to the said fine.
12.
Short Title
This By-law shall be cited as the Clean and Clear By-law.
13.
Repeal
By-law #11/05 is repealed
13.
Force and Effect
This By-law shall come into full force and effect upon the day of final passage
thereof.
Read a first time on the 4th day of October, 2011.
Read a second and third time and passed in open Council on the 4th day of
October, 2011.
________________________________
Jim Whelan, Reeve
_______________________________
Connie Parent, Clerk