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The Municipality of North Perth
By-law No. 6 - 2013
Being a By-law to regulate the maintenance of land in the Municipality of
North Perth
WHEREAS Section 11(s)(6) of the Municipal Act, 2007, S.O. 2001, c.25, as
amended, provides that a municipality may pass by-laws respecting the health,
safety and well-being of persons;
AND WHEREAS Section 127 of the Municipal Act, 2007, S.O. 2001, c.25, as
amended, provides that a municipality may require the owner or occupant to clean
and clear the property, not including buildings, or to clear refuse or debris from the
property, not including buildings;
AND WHEREAS Section 131 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, provides that a local municipality may prohibit and regulate the use of
any property for the storage of used motor vehicles for the purpose of wrecking or
dismantling them or salvaging parts from them for sale or other disposition;
NOW THEREFORE BE IT ENACTED as a By-law of the Municipality of North Perth
as follows:
1. Definitions
1.1. In this By-law:
“Compost” means the natural decomposition, in a composter, heap or
digester, of organic material to produce humus, and is comprised of the
following materials only: leaves, grass, shrub and hedge clippings, house
and garden plants, branches, all fruits and vegetable matter, coffee ground
and filters, tea bags, egg shells, pasta and bread;
“Debris” shall mean any material whatsoever capable of holding water, and
without limiting the generality of the foregoing, includes, but is not limited to,
tires, motor vehicles, boats, bird baths, wheelbarrows, containers of any kind
and garden fixtures;
“Derelict Motor Vehicle” shall mean a vehicle having missing bodywork
components or parts, including tires or damaged components, parts,
bodywork, glass or deteriorated or removed adjuncts, which prevents its
mechanical function, and includes a motor vehicle that is not licensed for the
current year;
“Good Repair” means not unsightly by reason of deterioration, neglect,
damage or defacement and free from injury accident hazard or health
hazard;
“Ground Cover” means organic or non-organic material applied to prevent
soil erosion such as concrete, flagstone, gravel, asphalt, grass or other
landscaping;
“Industrial Waste” shall mean any debris, refuse, sewage, effluent, discard
or garbage of a type arising from industrial waste or commercial operation, or
belonging to or associated with industry or commerce or industrial or
commercial property including, but not limited to, garbage, discarded material
or things, broken or dismantled things, materials or things exposed to the
elements, and deteriorating or decaying on a property due to exposure to the
weather;
“Inoperative Motor Vehicle” mean a motor vehicle having missing
bodywork, components or parts, including tires or damaged components,
The Municipality of North Perth
By-law No. 6 - 2013
Being a By-law to regulate the maintenance of land in the Municipality of
North Perth
parts, bodywork, glass or deteriorated or removed adjuncts, which prevents
its mechanical function, and includes any vehicle that does not display a
vehicle permit number plate with evidence of the current validation of the
permit affixed to it, issued under the Highway Traffic Act, or as issued by
another provincial, state or national government;
“Land” includes any part of a yard or lot within the Municipality of North
Perth;
“Motor Vehicle” includes an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power; but does not include
the cars of electric steam railways, or other motor vehicles running only upon
rails, or a motorized snow vehicle, traction engine, farm tractor, self propelled
implement of husbandry or road building machine within the meaning of the
Highway Traffic Act;
“Municipality” means the Municipality of North Perth;
“Nuisance” means that which causes offence, annoyance, trouble or injury
“Occupant” means any person or persons over the age of eighteen (18)
years occupying a Lot;
“Officer” means a municipal law enforcement officer, inspector or other
person appointed or employed by the Municipality to enforce by-laws,
statues and/or regulations;
“Owner” includes:
(a) The registered owner of the Lot;
(ob) | The person, for the time being, managing or receiving the rent from a
building on the Lot, whether on the person’s own account or as agent
or trustee of any other person, or who would receive the rent if the
building on the Lot were let; and,
(c) A lessee or occupant of a building on the Lot who, under the terms of
a lease, is required to repair and maintain the Lot in accordance with
the standards set out in this by-law;
“Person” means an individual, corporation, unincorporated association or
partnership;
“Pests” means rodents, vermin or insects;
“Refuse” means any article or thing that:
(a) | Has been cast aside, discarded or abandoned, whether of any value
or not;
(b) Has been used up, in whole or in part, whether of any value or not; or,
(c) Has been expended or worn out, in whole or in part, whether of any
value or not.
“Standing or Stagnant Water” includes but is not limited to water that is
void of movement by either natural or artificial means and includes moisture
The Municipality of North Perth
By-law No. 6 - 2013
Being a By-law to regulate the maintenance of land in the Municipality of
North Perth
or water that may cause health hazards as identified by the Perth District
Health Unit;
“Undesirable Material” includes:
(a) Refuse, rubbish, garbage, brush, waste, litter and debris;
(b) Injurious insects, termites, rodents, vermin and other pests;
(c) Growth of grass or weeds in excess of 20 centimetres (8”);
“Waste” means garbage, special collection materials, recyclable materials,
organic materials, yard waste;
“Weeds” means all noxious and local weeds designated as such under the
Weed Control Act R.S.O. 1990, C.W. 5.
Clean and Clear Yards
Every owner, lessee or occupant shall keep their ground, yard or vacant land
free from holes and excavations, adequately draining, graded, clean or
cleared up and free from conditions that may be being considered a health
hazard or nuisance by the surrounding lands and neighbourhood.
For the purpose of subsection 2.1, “keeping clear” includes:
a) The removal of dead, decayed or damaged trees or other natural growth and
the branches or limbs thereof which create an unsafe condition in relation to
their environment;
b) The removal, trimming, or cutting of weeds or grass more than 20
centimeters (8 inches) in height;
c) The removal of standing and stagnant water;
d) The removal of objects or conditions that create or might create a health, fire
or accident hazard;
e) The removal of any domesticated animal excrement;
f) The removal of all garbage, refuse and domestic or industrial waste of any
kind.
Every owner, lessee or occupant shall ensure that his or her land is free and
clear of infestation.
UNSAFE OR HAZARDOUS CONDITIONS
No Owner shall cause or permit an unfenced or unprotected pit, excavation
or other downward slope which causes a safety hazard on their property.
No Owner shall permit any well which is unprotected or which the presence
of which creates a risk, accident or injury.
No Owner shall fail to comply with an order issued by the Officer to take
remedial act and carry out remedial work to remove any standing or stagnant
water. Not limiting the foregoing, such order may include a direction to fill or
drain off the water or the treatment of the same with larvicide.
3.4
4.1
4.2
5.1
5.2
The Municipality of North Perth
By-law No. 6 - 2013
Being a By-law to regulate the maintenance of land in the Municipality of
North Perth
No Owner shall keep a swimming pool, hot tub, wading pool or artificial pond
unless it is maintained in good repair and working condition.
OUTSIDE STORAGE OF REFUSE, COMPOST OR RECYCLABLE
MATERIAL
Where refuse, compost or recyclable material is stored outside of the
enclosed walls of a building, the refuse, compost or recyclable material shall
be stored, by an owner or occupant, in a container suitable for such a
purpose and in a manner that does not attract pests or create a health or
safety hazard due to the nature of the storage or through deterioration or
misuse of the storage facility.
Every owner or occupant shall carry out all composting in accordance with
the following requirements:
a) Only in the rear yard of a dwelling unit;
b) Only in a container or digester and only on land on which a dwelling unit is
located;
c) Any compost containers or digesters used for composting shall be kept
covered tightly at all times, except when being emptied or filled;
d) Compositing in a pile is prohibited;
e) No feces shall be placed in a compost container or digester used for
composting;
f) No offensive odour shall be permitted to emanate from the compost
container, or digester used for composting;
g) Any compost container or digester used for composting shall be set back at
least 0.6 metres (1.97 feet) from any lot line;
h) No bones, meat, dairy or other fat products are permitted to be composted.
VEHICLES
Except as provided in the Municipality of North Perth Zoning By-law and
amendments thereto, no person shall use any land in the Municipality of
North Perth for storing inoperative motor vehicles or used motor vehicles for
the purpose of wrecking or dismantling them or salvaging parts thereof for
sale or other disposal.
No machinery, vehicle, boat, trailer or part thereof which is in an unusable,
wrecked, discarded, dismantled, partially dismantled or abandoned condition,
shall not be stored or allowed to remain on any land by an owner or occupant
unless otherwise permitted by a Zoning By-law.
EXCEPTIONS
a) Nothing in this by-law applies to prevent:
A lawfully licensed premises operating within the scope of a license that
specifically permits that which is prohibited by this by-law;
8.1
The Municipality of North Perth
By-law No. 6 - 2013
Being a By-law to regulate the maintenance of land in the Municipality of
North Perth
i. Construction proceeding under a valid building permit;
ii. The lawful outside storage of materials or things if this use is
permitted under and in compliance with, the Municipality of North
Perth Zoning By-law 6-ZB-1999.
INSPECTIONS
a) The Municipality may enter on land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are
being complied with:
i. This by-law; or,
ii. An order made under s. 431 of the Municipal Act, 2007.
b) For the purpose of conducting an inspection pursuant to s. 7 (a) of this by-
law, the Municipality may, in accordance with the provisions of s. 436 of the
Municipal Act, 2001:
i. Require the production for inspection of documents or things relevant
to the inspection;
ii. Inspect and remove documents or things relevant to the inspection for
the purpose of making copies or extracts;
iii, Require information from any person concerning a matter related to
the inspection; and,
iv. Alone or in conjunction with a person possessing special or expert
knowledge, make examination or take tests, samples, or photographs
necessary for the purpose of the inspection.
V. No person shall hinder or obstruct, or attempt to hinder or obstruct,
any person who is exercising a power or performing a duty under this
by-law.
NOTICE OF REMEDY
An Officer may, by personal service or by notice sent by registered mail to
the owner of the land or structure, require the Owner within the time specified
in the notice:
a) To clean, clear or remove from the land or structure: garbage, refuse or
domestic or industrial waste of any kind;
b) To cease using the land or structure for the dumping or disposing of
garbage, refuse, or domestic or industrial waste of any kind;
c) To temporarily cover over, screen, shield or enclose the garbage, refuse of
the domestic or industrial waste until such time as the garbage is removed in
the manner prescribed by the Officer;
d) To pull down, repair or renew any structure (including but not limited to
fences and retaining walls) (not including buildings) that by reason of its
ruinous or dilapidated state is an unsafe condition;
8.2
8.3
8.3
9.4
9.2
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The Municipality of North Perth
By-law No. 6 - 2013
Being a By-law to regulate the maintenance of land in the Municipality of
North Perth
e) To remove the inoperative motor vehicle(s);
f) To eliminate or remove any object or conditions that creates or might create
a health, fire or accident hazard;
g) To eliminate or remove the excrement of any domesticated animal.
Every notice sent by the Officer shall identify the land or structure.
Evert notice to an owner shall be sent to the address shown on the last
revised assessment roll or to the last known address.
In the event the Officer is unable to serve such notice under the provisions of
this Section, the notice may be posted in a conspicuous place on the
property, and the placing of the notice shall be deemed to be sufficient
service of the notice on the property owner.
RIGHT OF ENTRY
The Municipality, for the purpose of inspection and/or remedial action, may
enter upon the land and into structures other than a place actually used as a
dwelling house, at any reasonable time, without notice.
A person exercising a power of entry on behalf of the Municipality of North
Perth under this By-law must, on request display or produce proper
identification.
REMEDIATION
1 Where the owner is in default of doing any matter or thing directed or
required to be done under this by-law, an Officer may direct the completion
and enforcement of such at the owner’s expense.
.2 Where any matters or things are removed in accordance with subsection
10.1, such matters or things may be immediately disposed of by the Officer.
3 The Municipality may recover the remedial action and enforcement costs
incurred under subsection 10.1 by action, or by adding them to the tax roll
and collecting them in the same manner as taxes in accordance with Section
446 of the Municipal Act.
4 The Municipality may, prior to recovering costs incurred in subsection 10.1
pursuant to Section 446 of the Municipal Act by adding costs to the Municipal
Taxes, invoice owners requesting voluntary payment of said remedial action
costs.
.5 The Municipality may place a lien on the property as per Section 446 of the
Municipal Act on any remedial action.
OFFENCES
.1 Every person convicted of a breach of the provisions of this by-law shall be
guilty of an offence.
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The Municipality of North Perth
By-law No. 6.- 2013
Being a By-law to regulate the maintenance of land in the Municipality of
North Perth
2 Every person who is convicted of an offence under this by-law shall be
subject to a fine of not more than one thousand dollars ($1000.00) for each
offence. Such fines shall be recoverable under the Provincial Offences Act,
R.S.O. 1990, Chapter P. 22, as amended.
PENALTIES
1 The provisions of this by-law may be enforced pursuant to the provisions of
the Provincial Offences Act, R.S.O. 1990 c. P. 33 as amended, and where
any provision of this by-law is contravened and a conviction entered, in
addition to any other remedy and to any other penalty may also be prohibited
from continuing or repeating the offence in accordance with the provisions of
s. 444 of the Municipal Act, S.O. 2001, as amended.
2 Every person who is guilty of an offence under this by-law may, if permitted
under the Provincial Offences Act, R.S.O. 199, c. P. 33, as amended, pay a
set fine, and the Chief Judge of the Ontario Court, Provincial Division, shall
be requested to establish set fines as set out in Schedule “B” to this by-law.
OBSTRUCTION
1 In accordance with the provisions of the Municipal Act S.O. 2001, c. 25, as
amended, Section 426 (1), no person shall hinder, interfere with or otherwise
obstruct, either directly or indirectly, an officer, employee of the Municipality
of North Perth and/or agent in the lawful exercise or power or duty under this
by-law.
MUNICIPALITY NOT LIABLE
.1. The Municipality assumes no liability for property damage or personal injury
resulting from remedial action, remedial work and enforcement undertaken
with respect to any person or property that is subject of this by-law.
VALIDITY AND SEVERABILITY
1 Should any section, subsection, 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 of the enforceability of
any other provision of this by-law, or of the by-law as a whole.
SEPARATE OFFENCE
1 For the purpose of this by-law, each day of a continued offence shall be
deemed to be a separate offence.
SHORT TITLE
1 The short title of this by-law is the “Tidy Yards” By-law.
ENACTMENT
1 This by-law shall come into force and take effect immediately upon the final
passing thereof.
PA _
Read a first and second time this b ___ day of Li uy , 2013.
f
The Municipality of North Perth
By-law No. 6 - 2013
Being a By-law to regulate the maintenance of land in the Municipality of
North Perth
Mayor “Julie BRST ~
Clerk Patricia Berfelz ~
Read a third and final time and finally passed this (HR day of Yau
2013.
ie Julie Behrns
Oa lilets, ‘On LZ
Clerk Patricia Berfelz ’ 5
The Municipality of North Perth
By-law No. 6 - 2013
Being a By-law to regulate the maintenance of land in the Municipality of North Perth
Item
Column | Column 2
Column 3
Provision Creating or
Short Form Wording Defining the Offence
Set Fine
Fail to keep land free of hazardous holes and excavation 2.1
$300.00
Fail to trim or cut vegetation
$300.00
Fail to trim or cut weeds/grass, more than 20 cm (8 in) in height
$300.00
Fail to remove standing or stagnant water
$300.00
$300.00
Fail to remove animal excrement
$300.00
2
Fail to remove conditions creating a health, fire or accident hazard 2.
2
2
Fail to keep land clear of garbage, refuse, debris, domestic waste or industrial waste
$300.00
Fail to keep land clear of infestation
$300.00
IN [en [xt RKO IS Joo JON
°
Cause or permit a hazardous unfenced/unprotected pit, excavation or declivity
$300.00
Unprotected well that may cause an accident or injury
$300.00
Fail to Comply with an Order
$300.00
Fail to maintain swimming pool, hot tub, wading pool or artificial pond
$300.00
Fail to compost or store in a suitable container
$300.00
Compost other than at rear of dwelling unit
$300.00
Compost where no dwelling
$300.00
Compost/digester uncovered
$300.00
Compost in pile
$300.00
Placing feces in composter/digester
$300.00
Offensive odour from composter/digester
$300.00
DIA IN |e Xt tH [0 I [00 I JO
eed femmed reece’ freed fred freed emed frmed freed [emt [ONY
Composter/digester located closer than 0.6 metres from lot line
$300.00
—
N
Placing bones, meat, dairy of other fat products in composter/digester
of pee [SE Rk Se St ft ft
$300.00
“IN
N
Storing inoperative or used motor vehicle(s)
$300.00
on
CN
Storing derelict machinery, vehicle, boat, trailer or part thereof
a Sislalatad alcdlainasioiolslaiaisiaiaie
$300.00