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Motion CW--69--2023
THE CORPORATION
OF THE COUNTY OF PRINCE EDWARD
BY-LAW NO. 78-2023
BEING A BY-LAW TO THE OWNERS OR OCCUPANTS OF PRIVATE PROPERTY TO
MAINTAINGRASS AND TO SUPPORT
FOR NATURALIZATION OF YARDS AND A BY-
LAW TO REPEAL BY-LAW 699-2001
WHEREAS
Section 8, 9 and 11 of the Mun/cipalAct, 2001, c. 25 as amended (the "Act")
permits a municipality to pass by--lawsnecessary
or desirable for municipal purposes,
and in
particular paragraphs
5, 6 and 8 of Subsection
11 (2), authorize by-laws respecting the
economic, social and environment well--beingof the municipality, the health, safety and well-
being of persons,
and the protection of persons and property;
AND WHEREAS
Section 127 of the Act permit a municipality to pass by--lawsrequiring an
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 building; for regulating when and how such matters shall
be done; for prohibiting the disposal of refuse or debris on land without the consent of the owner
or occupant of the land; and to define refuse;
AND WHEREAS
section 435 and 436 of Act establishes
the conditions under which an
employee, officer or agent of the municipality may enter onto private property for the purpose of
carrying out an inspection to determine whether a by-law is being complied with;
AND WHEREAS
sections 441 and 441.1 of Act state that a municipality can add unpaid fines to
the tax roll of the property of the person who owes them;
AND WHEREAS sections 444 and 445 of Act state that a municipality can order someone in
contravention
of a by--|awto discontinue the contravening
activity or to order this person, a
property owner or occupant, or someone
who caused or permitted the contravening
activity to
correct the contravention;
AND WHEREAS section 13 of the Noxious Weeds Act allows for an inspector who finds
noxious weeds or weed seeds
on land in the area within theirjurisdiction
may order the person
in possession
of the land to destroy the noxious weeds or weed seeds.
AND WHEREAS
section 10 of the Noxious Weeds Act permits that single tier municipalities or a
_ Motion CW-69-2023
AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c.25 as amended
states
that Ifa municipality has the authority under this or any other Act or under a by--lawunder this or
any other Act to direct or require a person to do a matter or thing, the municipality may also
provide that, in default of it being done by the person directed or required to do it, the matter or
thing shall be done at the person's
expense.
2006, c. 32, Sched. A, s. 184.
AND WHEREAS Section 11 (1) of the Municipal Act, 2001, S.O. 2001, c.25 as amended,
provides that Councils of municipalities may pass by--lawsrespecting
property standards;
AND WHEREAS on April 13, 2023 Committee approved motion CW--69--2023to support
naturalization areas.
NOW THEREFORE the Council of The Corporation of the County of Prince Edward enacts as
follows:
1. Definitions.
A. Director means The Director of Corporate and Legislative Services,
or his or her
designate.
B. Lawn Area means ground, yards, or vacant lots, excluding areas utilized for active
agricultural purposes
and zoned agricultural property.
C. Lot means a parcel of land in a Prince Edward County.
D. Naturalized Areas are portions of a lot where the lawn of an owner or occupant has re-
established a reproducing population of native North American species, through a
combination of natural regeneration
and deliberate plantings of native species not
including Noxious Weeds.
These exclude areas
being utilized for agriculture.
E. Officer means an employee
of Prince Edward County whose duties include the
enforcement of this by--|awor a member of the Ontario Provincial Police.
F. Owner means the owner, occupant,
person in charge of the premises.
H. Person
means an individual, association,
firm, partnership, corporation, trust,
organization,
trustee,
agent or legal representative
of an individual.
I. The County means
The Corporation of the County of Prince Edward
Motion CW-69-2023
L. Local Weeds
means any of the species designated
as Local Weeds
by the County and
included in Schedule A to this By-law.
2.
Regulations:
A. No Owner of private land shall have, or be permitted to have, or allow to grow, any
noxious weeds designated
under the Weed Control Act, R.R.O. 1990, Regulation 1096,
and/or any designated
Local Weeds
by The County on their Lot;
B. No Owner of a private Lot on which Turfgrass is grown shall permit Turfgrass or
weeds to exceed 20 centimeters
in height;
C. Residents
who wish to create Naturalized Areas not containing turfgrass or noxious
weeds within their lot shall be exempt from Section 2B. Exemptions in this Section shall
not relieve an Owner from responsibilities under Section 2A;
D. No Owner shall allow vegetation
or naturalized areas
on private land to obstruct or
encroach
sidewalks
or roadways;
E. No Owner shall allow vegetation
or naturalized areas
on private land to restrict or
encroach
upon driver and pedestrian sight lines at intersections,
driveways, sidewalks,
walkways, or visibility to all traffic control devices; and
3.
Entry to Inspect
A. An Officer may enter onto a property to conduct an inspection where:
1. A complaint has been received about the property in question indicating the
property is in contravention
of By--Law78-2023;
2. An Order has been issued against the property owner, and a follow up inspection
is required to ensure compliance with the Order or;
3.
Reasonable
grounds exist indicating a regulation under this by--|awhas not been
met.
B. For the purposes
of an inspection under this By--law,an Officer may:
1. Require, for inspection, the production of documents
or things relevant to the
inspec?on;
2. Require information from any person concerning a matter related to the inspection;
3. Verify the presence
or absence
of noxious weeds;
Motion CW-69-2023
4.
No Obstructions
A. No person shall obstruct, hinder or interfere in any way with any person designated
to
enforce this By--law.
5. Written Notice
A. An officer who finds private land in contravention
of this By--lawmay give a written
Order to the Owner of the land requiring compliance with this By--lawwithin the time
period specified in the Order but no sooner than 72 hours after the Order is given.
B. An Order pursuant
to this by--|awmay be served personally on the person to whom it is
directed or by registered
mail to the last known address
of that person, in which case it
shall be deemed to have been given on the third day after it is mailed.
C. if the address of the Owner is unknown or The County is unable to effect service on
the Owner under Subsection
B, a placard stating the terms of the Order and placed in a
conspicuous
place upon the land shall be deemed
to be sufficient notice.
6.
Failure to comply; removal by The County; costs.
A. Ifany Owner fails to carry out the requirements
of an Order under this By--Law,the
County may do or cause to be done the remedial action necessary
to meet the
requirements
of the Order and add all costs to the tax roll to be collected in the same
manner as property taxes.
B. Any person who fails to comply with the standards
set out in this By--law,may be
charged an Administrative Penalty of $200.00 for a first offence and be subject to a
penalty of $400.00 for any subsequent
offences.
Every Person who contravenes
a
provision of this by--law,including an Order issued under this By--lawis guilty of an
o?ense.
7. Enforcement and Penalties
A. The provisions of this By--lawshall be enforced by a Municipal Law Enforcement
Officer or other individual duly appointed by the County for the purposes
of enforcing this
By--law.
B. Every person who contravenes
a provision of this By--law,including an Order issued
under this By--law,is guilty of an offence and is liable to such fines and penalties as are
Motion CW--69-2023
8.
Severability
Ifany provision of this By--lawor the application thereof to any person shall to any extent
be held to be invalid or unenforceable, the remainder of this By--lawor the application of
such provision or requirement to all persons other than those to which it is held to be
invalid or unenforceable,
shall not be affected thereby and each provision and
requirement of this By--lawshall be separately valid and enforceable to the fullest extent
permitted by law.
9. THAT By-law 699-2001 a By--lawto the owners or occupants
of private property to cut
grass and weeds on their lands and remove the cuttings be hereby repealed in its
entirety.
10.THAT this By-law shall come into force and take effect on the date of its passing.
Read a first, second, and third time and finally passed this 25th day of April, 2023
Ste e Ferguson,
MAYOR
-Catalina
Blum
erg, CLERK
Motion CW--69--2023
Schedule A
Prohibited Local Weeds
and Invasive Plants:
The following plants are deemed
by Prince Edward County to be noxious plants for the
purposes of this By--Law:
1. Glossy buckthorn (Frangula alnus)
2.
Himalayan Balsam (Impatiens glandulifera)
3. Japanese
knotweed (Reynoutria japonica var. japonica)
4.
Phragmites
(Phragmites
australis subsp. australis)