By-law 33 of 2019 - Filling Up, Draining, Cleaning, Clearing of Land, and Clearing of Refuse — full text

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## THE CORPORATION OF THE VILLAGE OF POINT EDWARD ## BY-LAW NUMBER 33 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, 2001 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, 2001 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, 2001 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, 2001 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, 2001 provides that a municipality may define "refuse" for the purpose of the by-law; AND WHEREAS Section 127 of the Municipal Act, 2001 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, 2001 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, 2001 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, 2001 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, 2001 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 Village of Point Edward enacts as follows: ## 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 Bylaw 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 - (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; - (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; ## Part 1 DEFINITIONS - (i) inoperative mechanical equipment of any type, including agricultural equipment; - (K) automotive and mechanical parts and accessories; - 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" 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" 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; - (g) dead, dying or decaying trees, shrubs, bushes or vegetation; - (h) paper or cardboard packaging or wrapping; - (1) material resulting from, or being part of, construction or demolition projects; - (i) a Motor Vehicle, Inoperative, Derelict, Abandoned; - (k) a Motor Vehicle, Unlicensed; - (1) automotive and mechanical parts and accessories; and - (m) Sewage. "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. 2225 ## 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 Village of Point Edward "Owner" includes the legal owners), lessee(s) and/or occupants) 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. ## Waste Waste. "Waste" means Domestic and/or Agricultural Waste and/or Industrial and/or Commercial ## Woodlot "Woodlot" has the meaning given to it in The Corporation of the County of Lambton Woodlands Conservation By-Law, as amended. ## Yard ## 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 noncontaminated fill unless: "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 - (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; 2. 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 shall 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-smelling, or (c) a breeding place for mosquitoes. ## 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. ## 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. ## 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. ## 3.11 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. ## 3.12 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. ## 3.13 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. ## 3.14 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 ## 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. 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. ## 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 6.6 to bring the Land into compliance with this By-Law. ## 5.6 Appeal An Order shall advise the Owner of the Owner's option to appeal the Order and any requirements contained therein together with the person and/or position at the Municipality with whom such appeal shall be filed and the applicable deadline for filing such appeal. ## 5.7 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. ## 5.8 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. ## 5.9 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. ## 6.5 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. ## 6.6 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. - 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. ## GENDER Part 8 TITLE 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. 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 THIS BY-LAW read a, first, second and third time and finally passed this 25th day of June, 2019.  tand Name, Bev Hand Mayor Burns Name, Jim Burns Administrator-Clerk   ## Building Services Department Wyoming, ON NON 1TO On behalf of The Corporation of The Village of Point Edward 135 Kendall Street, Point Edward, ON N7V 4G6 Sent Registered Mail & Site Posted ## ORDER TO REMEDY VIOLATION Tidy Yard By-Law 33 of 2019 TO: All persons listed on SCHEDULE "A" annexed hereto and forming part of this Order RE: Municipal Address: 911 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. AND TAKE NOTICE that a person who considers the Order is unreasonable, the Owner may appeal the Order to the Clerk/Chief Administrative Officer within 2 (two) days of the Order being received, in the attached form and pursuant to Part 7 - Dated at Wyoming this **th day of Month 20**, on behalf of The Village of Point Edward Name Name  ## Schedule "A" By-Law Number 33 of 2019 Village of Point Edward List all owners of land as defined in the By-Law, as applicable ## Schedule "B" By-Law Number 33 of 2019 Part 1 of 2 Municipality | By-Law Reference: | Description of By-Law: | |---------------------|--------------------------| Note these references and list is not exhaustive. Ensure your property is maintained within By-Law 33 of 2019. Attached is a copy of the Tidy Yard By-Law 33 of 2019. ## Schedule "B" Part 2 of 2 By-Law Number 33 of 2019 Municipality ## DEFECIENCIES NOTED UPON INSPECTION - Provide Bulleted Listing ## REQUIRED ACTION - 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 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 or in accordance with an Appeal deadline 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.