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THE CORPORATION OF THE TOWN OF PLYMPTON-WYOMING
BY-LAW Number 45 of 2019
Being a By-Law to provide for the filling up, draining, cleaning and clearing of
land, and clearing of refuse
“Tidy Yard By-Law”
WHEREAS Section 11(2) of the Municipal Act, 2007 provides that a Municipality
may pass by-laws respecting matters for purposes related to the health, safety, and
well-being of the inhabitants of the Municipality, and Section 11(3) of the Municipal Act,
2001 provides that a Municipality may pass by-laws respecting matters within the
sphere of jurisdiction of drainage and flood control and waste management;
AND WHEREAS Section 127 of the Municipal Act, 2007 provides that a
municipality 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 WHEREAS Section 127 of the Municipal Act, 2007 provides that a
municipality may regulate when and how matters required under the by-law may be
done;
AND WHEREAS Section 127 of the Municipal Act, 2007 provides that a
municipality may prohibit the depositing of refuse or debris on land without the consent
of the owner or occupant of the land;
AND WHEREAS Section 127 of the Municipal Act, 2007 provides that a
municipality may define “refuse” for the purpose of the by-law;
AND WHEREAS Section 127 of the Municipal Act, 2007 provides that a
Municipality may regulate when and how the owner or occupant of land cleans and
clears the land or to clear refuse or debris from the land;
AND WHEREAS Section 128 of the Municipal Act, 2007 provides that a
municipality may prohibit and regulate with respect to public nuisances, including
matters that, in the opinion of Council, are or become or cause public nuisances, and it
is the opinion of Council that the failure to clear refuse and debris from land is a public
nuisance and a contributor to the spread of vermin;
AND WHEREAS Section 425(1) of the Municipal Act, 2007 provides that a
Municipality may pass by-laws providing that a person who contravenes a by-law is
guilty of an offence;
AND WHEREAS Section 446(2) of the Municipal Act, 2007 provides that a
Municipality may enter upon land at any reasonable time for the purpose of doing the
matter or thing that the person was directed or required to do and defaulted in doing;
AND WHEREAS Section 446(3) of the Municipal Act, 2007 provides that a
Municipality may recover the costs/expenses of doing a matter or thing as provided for
in Section 446(1) of the Municipal Act, 2001 from the person directed or required to do it
by action or by adding the cost/expenses to the tax roll and collecting them in the same
manner as property taxes;
AND WHEREAS Section 15 of the Police Services Act authorizes the
Municipality to appoint persons to enforce the by-laws of the Municipality and that such
persons are peace officers for the purpose of enforcing municipal by-laws;
THEREFORE the Municipal Council for the Corporation of The Town of
Plympton-Wyoming enacts as follows:
Page 1o0f9
Part 1
DEFINITIONS
1. Definitions
In this By-Law, the following definitions shall apply:
Building
“Building for the purposes of Graffiti cleaning and removal requirements of this By-Law,
includes a building, structure, erection, object, fence, retaining wall, paved or similarly
finished surface, vehicle, trailer and Waste container.
Cleared
“Cleared” means Lands:
(a) free of weeds or grass more than 20 centimeters (8 inches) in height;
(b) free of stock piles of soil or other aggregate material not required to complete the
grading of the lot on which the stock pile is located;
(c) free of water, by way of draining, disposal and/or treating, that is a health or
safety hazard, or is malodorous or is a breeding place for mosquitoes; and
(d) that are otherwise in full compliance with this By-Law.
Composting
“Composting” means the biological degradation or breakdown of organic material into a
dark soil-like material called humus.
Composting Container
“Composting Container’ means the holding unit used to store yard, garden and
household waste for the purpose of Composting.
Costs/Expenses
"Costs/Expenses" means all costs and/or expenses (including labour, materials and
disbursements) incurred by the Municipality in enforcing this By-Law (which, includes,
for greater certainty, the Enforcement Officer's time, preparation and issuance of
Notice(s), searching title, site visits, drafting correspondence, conducting title searches,
searching sheriff certificates, and any other action taken to bring the Land into
compliance with this By-law and the costs of the service of Servant/Agent retained to
assist the Municipality in doing so).
Domestic and/or Agricultural Waste
“Domestic Waste and/or Agricultural Waste” means any article, thing, matter or effluent
belonging to or associated with a residence, household, farm or dwelling unit that
appears to the Enforcement Officer to be waste material and includes but is not limited
to any of the following:
(a) grass clippings, tree cuttings, brush, leaves and garden refuse;
{(b) dead, dying or decaying trees, shrubs, bushes or vegetation;
{c) paper, cardboard, clothing;
(d) kitchen and table waste, of animal or vegetable origin resulting from the
preparation or consumption of food except any material of vegetable
placed in a Composting Container;
(e) cans, glass, plastic containers, dishes;
(f) new, used or decaying/decayed material resulting from or for the purpose
of construction, alteration, repair or demolition of any building or structure;
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(g) refrigerators, freezers, stoves or other appliances and furniture;
(h) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;
(i) a Motor Vehicle that appears by reason of its age, appearance,
mechanical condition or lack of current validated license plate to be
inoperative;
{j) inoperative mechanical equipment of any type, including agricultural
equipment;
(k) | automotive and mechanical parts and accessories;
(I} rubble, inert fill, fencing materials; and
(m) sewage.
Enforcement Officer
“Enforcement Officer’ means a Provincial Offences Officer as that term is defined in the
Provincial Offences Act, R.S.O, 1990, c. P.33 and such other person appointed by the
Municipality to enforce this By-Law.
Excavation
“Excavation” means any man-made opening or depression in the ground other than: (a)
an Excavation conducted pursuant to a pit license issued under the Aggregate
Resources Act, (b) an abandoned pit, (c) an irrigation pond, and (d) a fish pond or a
water garden.
Graffiti
"Graffiti" means one or more letters, symbols, figures, etchings, scratches, inscriptions,
stains or other markings that disfigure or deface a building, howsoever made, including
but not limited to: initials, slogans, emblems, logos or drawings, either written in ink,
spray paint, chalk, marker or any other writing implement on private property and visible
to the public.
Industrial and/or Commercial Waste
“Industrial and/or Commercial Waste” means any article, thing, matter or effluent
belonging to or associated with industry or commerce or any trade, business, calling or
occupation that appears to the Enforcement Officer to be waste material and includes
but is not limited to any of the following:
(a) piping, tubing, conduits, cable fittings or other accessories, or adjuncts to
the piping, tubing, conduits or cable;
(b) containers of any size, type or composition;
(c) — rubble, inert fill;
(d) mechanical equipment, mechanical parts, accessories or adjuncts to
mechanical equipment;
(e) articles, things, matter, effluent which are derived from or are constituted
from or consist of,
(i) agricultural, animal, vegetable, paper, lumber or wood products; or
(ii) mineral, metal or chemical products;
Whether or not the products are manufactured or otherwise processed;
(f) bones, feathers, hides;
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(g) dead, dying or decaying trees, shrubs, bushes or vegetation;
(h) paper or cardboard packaging or wrapping;
(i) material resulting from, or being part of, construction or demolition
projects;
(j) a Motor Vehicle, Inoperative, Derelict, Abandoned;
(k) a Motor Vehicle, Unlicensed;
(I) automotive and mechanical parts and accessories; and
(m) Sewage.
Land
“Land” means real property and includes grounds, yards, vacant lots or any part of a lot
that is not beneath a building.
Motor Vehicle
"Motor Vehicle” means an automobile, truck, motor home, motorcycle, and/or any other
vehicle propelled or driven other than by muscular power.
Motor Vehicle, Inoperative, Derelict, Abandoned
“Motor Vehicle Inoperative, Derelict, Abandoned” means a Motor Vehicle which is in
state of advanced disrepair having missing or damaged parts or deteriorated body
conditions that render it inoperative, and includes a Motor Vehicle that has been
evidently abandoned and left in a state of apparent disuse, regardless of whether it is
either operable or inoperable or licensed or unlicensed for operation.
Motor Vehicle, Unlicensed
“Motor Vehicle, Unlicensed” means a Motor Vehicle that is unlicensed in accordance
with the Highway Traffic Act , R.S.O. 1990, c. H. 8 and fails to display a current
validated sticker.
Municipality
“Municipality” means The Corporation of the Town of Plympton-Wyoming.
Owner
“Owner” includes the legal owner(s), lessee(s) and/or occupant(s) of the Land.
Refuse
“Refuse” means Waste and also includes any article, thing, matter, substance or
effluent that has been cast aside, discharged or abandoned or is discarded from its
usual and intended use or is used up, in whole or in part, or expended or worn out in
whole or in part, and such waste does not cease to be refuse by reason that it may be
commercially saleable or recyclable.
Rubble
“Rubble” includes broken concrete, bricks, stones, broken asphalt, patio or sidewalk
slabs.
Servant/Agent
"Servant/Agent” means any service provider who has been contracted or engaged to
carry out the works necessary to bring property into compliance with this By-Law which
may include but not limited to paid duty police officers, security personnel, property
estimators, professional engineers, qualified tradespeople, and municipal employees.
Sewage
“Sewage” includes any liquid or pelletized Waste containing human, vegetable, or
mineral matter but does not include roof water or storm run-off.
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Waste
"Waste" means Domestic and/or Agricultural Waste and/or Industrial and/or Commercial
Waste.
Woodlot
“Woodlot” has the meaning given to it in The Corporation of the County of Lambton
Woodlands Conservation By-Law, as amended.
Yard
“Yard” means the land around and appurtenant to the whole or any part of a building
and used or intended to be used or capable of being used in connection with that
building and, notwithstanding the foregoing, includes Land.
Part 2
GENERAL PROVISIONS
2.1 Administration -
This By-Law is administered by the Municipality and any other person, including
corporation, appointed by the Municipality to administer this By-Law and/or any part
thereof.
2.2. Land -filled up and drained — owner responsibility
Every Owner shall keep his Land free of standing water.
2.3. Excavations -— filled — exception — enclosed by barrier
Every Owner shall fill in any Excavation on the Land to an adjacent grade with non-
contaminated fill unless:
(a) the Excavation is enclosed completely by a fence having a minimum height of
at least 122 centimeters or 48 inches in height; or
(b) construction is proceeding on the Land where the Excavation is located for
which a valid building permit has been issued by the Municipality.
2.4 Water — exceeding 30 cm — drained exception
Every Owner shall drain Land of the accumulations of water that exceeds 30
centimeters (12 inches) in depth unless the water:
a) is completely enclosed by a temporary barrier of at least 122 centimeters
(48 inches) in height;
b) constitutes a storm water management pond approved by the Municipality;
c) constitutes a natural body of water or results from the periodic flooding of a
natural water course;
d) constitutes a water garden or fish pond; or
e) constitutes a private drain or a municipal drain or any part thereof.
2.5 Land -—cleared
Every Owner shail keep his Land Cleared and free of Refuse.
2.6 Dumping — prohibited — without lawful authority
No Owner shall throw, place, dump or deposit Refuse on private property or municipal
property without lawful authority.
2.7 Swimming pool — maintained
Every Owner shall keep or maintain water in a swimming pool in a condition which is
not: (a) a health or safety hazard, (b) foul-smeliing, or (c) a breeding place for
mosquitoes.
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2.8 Land — removal of refuse
Every Owner shall remove Refuse from his Land.
2.9 Storm water run-off - drainage
Every Owner shall direct storm water run-off generated on his Land away from
neighbouring lands. Every Owner shall grade and maintain his Land so as to prevent
ponding or the entry of water onto adjacent lands.
2.10 Ditches, private drains, swells and water courses
Every Owner shall maintain ditches, private drains, swells and water courses on his
Land to facilitate the unimpeded flow of water and to prevent ponding.
2.11 Storm Water or Roof Water Discharge
No Owner shall discharge storm water or roof water on to a sidewalk, walkway, steps,
porches or other pedestrian's access to a property that could be hazardous or result in a
potential safety risk to any other person.
2.12 Weeping tile, foundation, drain, roof drain or land drain
No Owner shall connect or discharge a weeping tile, foundation, drain, roof drain or land
drain into any sanitary sewage system.
2.13 Graffiti — removal
Every Owner shall clean Graffiti off of the exterior of any Building located on his Land.
Part 3
GENERAL PROHIBITIONS
3.1 Refuse, Grass, Weeds — not cleared — from land — prohibited
No Owner shall fail to keep his Land Cleared and free of Refuse.
3.2 Excavation — failure to enclose — prohibited
No Owner shall fail to enclose an Excavation with a temporary barrier of at least 122
centimeters or 48 inches in height.
3.3. Water — 30 cm deep — failure to drain — prohibited
No Owner shall fail to drain an accumulation of water on his Lands exceeding 30
centimeters (12 inches) in depth, except as permitted in 2.4.
3.4 Private property — refuse — deposit on
No Owner shall deposit Refuse on private property without lawful authority.
3.5 Municipal property — refuse — deposit on
No Owner shall deposit Refuse on public property without lawful authority.
3.6 Water in swimming pool — fail to maintain
No Owner shall fail to keep or maintain water in a swimming pool located on his Land in
accordance with the provisions of this By-Law.
3.7 Land use - prohibited
No Land shall be used as a place to store, keep, display, pile or accumulate in the open
any Waste, scrap, iron or other scrap metals, used building materials, clothing or
household goods, furnishings, fixtures, appliances, or any parts or portions thereof
unless such lot is specifically zoned and approved by the Municipality for such purpose.
3.8 Land use
Notwithstanding section 3.7 above, Lands may be used for the sale or display of
household goods, furnishings, apparel and similar articles provided such sale and
display is limited to not more than four (4) days in any calendar year.
3.9 Waste — Collection
Refuse shall be placed for collection in accordance with the Municipality's by-laws and
shall be disposed of.
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3.10 No obstruction of Enforcement Officer
No Owner shall hinder or obstruct, or attempt to hinder or obstruct, an Enforcement
Officer in the administration or enforcement of this By-Law.
3.11 Yards — Motor Vehicles
All Yards shall be kept free and clear of Motor Vehicle, Inoperative, Derelict, Abandoned
and Motor Vehicle, Unlicensed and all other dismantled, discarded, wrecked or
abandoned vehicles, farm machinery and equipment, railway cars, trailers, boats and
street-car bodies and kept free of Refuse and of parts of motor vehicles whether
inoperative or not unless the Lands upon which the Yard is situated:
(a) are licensed as a salvage yard in accordance with the Municipality's by-
laws; or
(b) constitute a waste disposal site for which an environmental certificate of
compliance has been granted pursuant to the Environmental Protection
Act, R.S.O. 1990, c. E.19, as amended; or
(c) is enclosed in a building; or
{d) _ constitutes a permitted use and is in conformity with the Municipality's
zoning by-laws or otherwise constitutes a legal non-conforming use under
the Planning Act, R.S.O. 1990, c. P.13.
3.12 Permitted Use
Notwithstanding Section 3.12, the use of sea containers, railway cars, street cars,
buses, trucks, trailers, vans and similar motor vehicles or parts thereof are permitted
provided they satisfy the provisions of the Municipality's zoning by-laws for accessory
buildings.
3.13 Graffiti - removal
No Owner shall fail to clean and remove Graffiti from the exterior of a Building on his
Lands.
Part 4
EXEMPTIONS
4.1. Collection of Waste — exemption
This By-Law does not apply to the placement or collection of Waste left at the curb in
accordance with the Municipality's waste collection by-law(s).
Part 5
INSPECTIONS AND NOTICES
(SCHEDULE A)
5.1. Enforcement Officer
The Enforcement Officer may, by written order ("Order") posted on the Land and either
provided personally to the Owner or sent to the Owner by registered mail, require the
Owner to take such action as may be necessary to bring the Land or structure in
compliance with this By-Law within the time period specified in the Order.
5.2 Notice
An Order given by an Enforcement Officer to an Owner shall identify the Land or
structure at issue and the violation(s) observed by the Enforcement Officer.
5.3. Address
Where an Order is to be sent by registered mail to an Owner, it shall be sent to the
attention of the Owner of the Lands at the address shown on the most up-to-date tax
assessment roll maintained by the Municipality.
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5.4 Deadline
An Order to an Owner shall also define the deadline, being the date and time, for the
Owner to comply with this By-Law, which deadline shall not be less than five (5) days
excluding Saturday, Sunday and public statutory holidays in the Province of Ontario.
5.5 Cost/Expense Notification
An Order to an Owner may advise that unless the Owner brings the Land into
compliance with this By-Law within the deadline stated in the Order, the Owner shall be
liable for the Costs/Expenses incurred by the Municipality in accordance with Section
6.4 to bring the Land into compliance with this By-Law.
5.6 Service
An Order is deemed served upon the Owner as follows:
(a) three (3) days after the Order is posted on the Lands or sent by registered mail;
and
(b) on the day the Order is served personally onto the Owner.
5.7 Inspection
The Enforcement Officer, with or without a Servant/Agent, may enter onto or inspect the
use of any land for the purpose of determining whether the land complies with this By-
Law.
5.8 Deface or Remove Notice
No Owner shall remove or deface an Order which has been posted on the Land
pursuant to this By-Law.
Part 6
ENFORCEMENT and OFFENCE
6.1 Offence —Penalty for Contravention
Any person who contravenes any provisions of this By-Law is guilty of an offence and
on conviction is liable to a fine and such other penalty as provided for in the Provincial
Offences Act, R.S.O, 1990, c. P.33. Each day that such an offence is committed, or
permitted to continue, shall constitute a separate offence and may be punishable as
such.
6.2. Continuation — repetition — prohibited — by order
The court in which a conviction has been entered and any court of competent
jurisdiction thereafter may make an order prohibiting the continuation or repetition of the
offence.
6.3 Enforcement Officer — entry to inspect
An Enforcement Officer with or without a Servant/Agent, may enter upon any Land at
any reasonable time to inspect and enforce compliance with this By-Law.
6.4 Default — not remedied — costs and expenses and removal
(a) Where an Owner has been by Order required to take such steps and actions to
comply with the provisions of the By-Law and has not done so, the Municipality may, in
default of it being done by the Owner as directed, cause it to be done at the Owner's
costs/expenses.
(b}) Where an Owner has defaulted in complying with the provisions of this By-Law, the
Municipality may recover all Costs/Expenses incurred in bringing the Lands into
compliance from the Owner by action or by adding the Cost/Expenses to the Land's tax
roll and collecting them in the same manner as property taxes.
(c) Where any items are removed from the Land, the items shall be immediately
disposed of by the Enforcement Officer and/or its Servant/Agent. The Municipality shall
have no liability whatsoever to any person for any reason for any items so disposed.
Page 8 of 9
Part 7
GENDER
All references to the masculine gender shall, where appropriate, include references to
the feminine gender and all references to the singular shall, where appropriate, include
references to the plural.
Part 8
TITLE
The short title of this By-Law is the Tidy Yard By-Law.
Part 9
SEVERIBILITY
If any section or sections of this By-Law or parts thereof are found by any court to be
illegal or beyond the power of the Municipality to enact, such section or sections or parts
thereof shall be deemed to be severable and all other sections or parts of this By-Law
shall be deemed to be separate and independent therefrom and continue in full force
and effect unless and until similarly found and this By-Law shall be enacted as such.
Part 10
COMMENCEMENT
This By-Law shall come into full force and effect upon passing hereof.
Part 11
REPEAL
By-Law 33 of 2009 is hereby repealed.
READ a first, and taken as read a second and third time and finally passed this 29" day
of May, 2019.
Mayor —/Lonry N r
& - =a (daacas
Page 9 of 9
Building Services Department Telephone: 519-845-5420
789 Broadway Street, Box 3000 Toll-free: 1-866-324-6912
Wyoming, ON NON 1TO Fax: 519-845-3817
COUNTY OF
LAMBTON
On behalf of Schedule A to By-law 45 of 2019
The Corporation of (Municipality)
Street Town, ON PC
Sent Registered Mail & Site Posted
ORDER TO REMEDY VIOLATION
Tidy Yard By-Law ** of 2019
TO: All persons listed on SCHEDULE “A” annexed hereto and forming part of this
Order
RE: Municipal Address: 977 municipal address
Legal Description: Example CON Lot RP etc
Municipality, County of Lambton.
BE ADVISED that on Month, Day, Year, an inspection of the property, as noted above,
revealed certain violations of the Municipality's Tidy Yard By-Law Number ** of 20**.
The violation(s) are set out in Schedule “B”, attached hereto, and forms part of this
ORDER.
IT IS HEREBY ORDERED THAT the violation(s) as set out in Schedule “B” be
remedied and the property brought into a condition of compliance with the prescribed
standards as set out in the Tidy Yard By-Law Number ** of 20** on or before:
Month Day, Year, Time
TAKE NOTICE that if such violation(s) are not remedied within the time specified in this
order, the MUNICIPALITY MAY CORRECT SUCH VIOLATIONS by REPAIR or
CLEARANCE at the expense of the owner.
Dated at Wyoming this ““th day of Month 20**, on behalf of The Municipality.
Name Name
Property Standards and Chief Building Official
By-Law Enforcement Officer Manager, Building Services
www.lambtononiine.ca Ny
That Matter
Schedule "A"
By-Law Number ** of 20**
Municipality
List all owners of land as defined in the By-Law, as applicable
Schedule "B"
Part 1 of 2
By-Law Number ** of 20**
Municipality
By-Law Description of By-Law:
Reference:
Note these references and list is not exhaustive.
Ensure your property is maintained within By-Law ** of 20**.
Attached is a copy of the Tidy Yard By-Law ** of 20**.
Schedule "B"
Part 2 of 2
By-Law Number ** of 20**
Municipality
DEFECIENCIES NOTED UPON INSPECTION
e Provide Bulleted Listing
REQUIRED ACTION
e Provide Bulleted Listing
REMINDER:
A re-inspection will take place on or after Month, Day, Year, Time.
As noted above, this Order will serve as the official notice to advise the Owner that the
property be brought into compliance and also serve as notice that the Municipality will
undertake the necessary works should the property remain in contravention after the
specified deadline as stated in the Order and the Owner shall be liable for all
Costs/Expenses incurred by the Municipality in accordance with the Tidy Yard By-Law
provisions.
No further notices will be provided.
The Municipality would appreciate your cooperation in this matter to avoid further legal
action.
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