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CORPORATION OF THE TOWNSHIP OF RYERSON
By-Law # 05-21
Being a By-law to Provide for Maintaining Land
in a Clean and Clear Condition and to Rescind By-law No. 21-20
WHEREAS Sections 8, 9 and 11 of the Municipal Act, 2001, R.S.O. c.25 (herein after
referred to as the Municipal Act) permits a municipality to pass By-laws necessary 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 environmental well-being
of the municipality, the health, safety and well-being of persons, and the protection of
persons and property;
AND WHEREAS Section 122 of the Municipal Act, provides that a municipality may
require the owners or occupants of buildings to remove snow and ice from the roofs of
the buildings, and may regulate when and how the removal shall be undertaken;
AND WHEREAS Section 127 of the Municipal Act, permits a municipality to pass By-laws
requiring an owner or occupant of land to clean and clear the land, not including
buildings; to clear refuse or debris from the land, not including buildings; 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 for
defining "refuse;
AND WHEREAS Section 128 of the Municipal Act, permits a municipality to pass By-laws
to prohibit and regulate with respect to public nuisances, including matters that, in the
opinion of Council, are or could become or cause public nuisances;
AND WHEREAS Section 131 of the Municipal Act, permits a municipality to prohibit and
regulate the use of any land 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;
AND WHEREAS Section 425 of the Municipal Act, permits a municipality to pass By-laws
providing that any person who contravenes any By-law of the municipality passed under
the Municipal Act, is guilty of an offence;
AND WHEREAS Section 436 of the Municipal Act, permits a municipality to pass By-laws
providing that the municipality may enter on land at any reasonable time for the
purpose of carrying out an inspection to determine whether or not a By-law passed
under the Municipal Act, or a direction or order made under such a by-law are being
complied with;
AND WHEREAS Section 445 of the Municipal Act, provides that where a municipality is
satisfied that a contravention of a by-law has occurred, the municipality may make an
order requiring the person who contravened the by-law or who caused or permitted the
contravention or the owner or occupier of the land on which the contravention
occurred to do work to correct the contravention;
AND WHEREAS Subsection 446(3) of the Municipal Act, permits a municipality to
recover the costs of doing a matter or thing under Subsection 446(1) from the person
directed or 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.
AND WHEREAS the Township of Ryerson wishes to rescind By-law No. 21-20.
NOW THEREFORE the Council of the Township of Ryerson hereby enacts as follows:
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1.
Administration and Interpretation
1.1
Short Title
This By-law may be referred to as "Clean Yard By-law".
1.2
Administration
This By-law will be administered by the Clerk and may be enforced by the
Officers of the Township of Ryerson.
2.
Definitions
'By-Law' means this By-Law and preamble, as it may be amended from time to time.
'Council' means the municipal council of the Township of Ryerson.
'Derelict motor vehicle' means a vehicle having missing bodywork components or parts,
including tires or damaged components, parts, bodywork, glass or deteriorated or
removed adjuncts, which prevent its mechanical function, and includes motor vehicles
not licensed for the current year.
'Hobby Vehicle' means a vehicle that is actively being repaired or restored as a hobby
for the owner/occupant of the property, a race car, show car or similar vehicle that by
its special nature is not routinely used or licensed but is intended to show or display on
occasion.
'Officer' means the Municipal Bylaw Enforcement Officer or designate.
'Owner' means an owner, lessee or occupant or person for the time being
managing or receiving the rent from the property, whether acting as an agent or trustee
of any person aforesaid.
'Property' means land and includes; a parcel or tract of land capable of being conveyed
as a separate parcel whether occupied or not.
'Refuse or Debris' means any article, thing or matter that has been cast aside or
discarded or abandoned, whether of any value or not, or that has been used up in whole
or in part, or expended, or worn out in whole or in part. Without restricting or limiting
the generality of the foregoing, refuse or debris may include:
Garbage, rubbish, junk or litter
Excessive accumulations or pile of brush, leaves, grass which are not part
of a composting process
Unusable containers including buckets, dishes, plastic containers or cans
Unused, discarded or inoperable appliances such as stoves, refrigerators
furniture, machinery parts, pipes or tanks
Any unused, abandoned, dismantled or inoperative motorized or un-
motorized vehicle
Broken concrete or asphalt
Left over or unusable building materials
Dilapidated, collapsed or partially constructed structure(s) which are not
currently under construction or repair
'Repair' means the taking of any action as may be required so that the property shall
conform to the standards established in the Bylaw.
'Stagnant Water' means non-flowing, motionless or stale water that remains in a
location.
'Town' means the Township of Ryerson.
'Weed' means, as defined in the Weed Control Act as amended, a plant that is deemed
to be noxious weed under subsection 10(2) or designated as such under clause 24(a).
'Yard' means an open, uncovered space on a lot that is surrounding to a main building
and unoccupied by buildings or structures except as specifically permitted elsewhere in
this By-law. In determining yard measurements, the provisions of the Comprehensive
Zoning By-law shall be used.
Page 3 of 6
3.
Property Maintenance General Provisions
3.1
Every owner shall keep their front yard clean and free from any refuse and/or
debris except for flower gardens or other improvement to enhance the curb
appeal of the property;
3.2
Every owner shall keep their yard and property clean and free from any refuse
and debris except when the property is screened, secured or contained. Wild
flower, meadow and naturalized areas are permitted provided they do not
encroach within a one (1) meter buffer strip of the side or rear lot line and the
areas are managed under the Weed Control Act;
3.3
Every owner shall keep their yards and property in an orderly, tidy and litter free
manner;
3.4
No person shall use any land or structure within the Town for dumping, burying,
disposing or storing of refuse of any kind;
3.4.1 Exceptions provided all site regulations are adhered to:
a)
The Transfer Station Site(s)
b)
Municipal Clean Fill Areas
3.5
Every owner shall ensure their property is clean and free from any dead,
diseased, decayed or damaged tree or other natural growth including weeds;
3.6
Every owner shall ensure their grass and other vegetation is cut and trimmed so
as to not be more than six (6) inches in height and of a reasonably neat
appearance;
3.7
Every owner shall ensure their property and yard remains free and clear of
stagnant water by draining it or by implementing a strategy for reducing
mosquito breeding that has been approved by an Officer. This section shall not
apply to lands designated Environmental Protection or to marshes and swamps;
3.8
Every owner shall keep hedges, shrubs and trees adjacent to a roadway cut and
trimmed so as not to encroach the road allowance and to allow safe, unhindered
passage by pedestrians or vehicles.
4.
Hazardous or Unsafe Conditions
4.1
Every owner shall erect a fence or barrier around an excavation or fill in any
excavation on their land which is not completely enclosed by an adequate
barrier and/or fence;
4.2
Every owner shall ensure their swimming pool, hot tub, wading pool or artificial
pond is maintained in good repair and working condition;
4.3
Every owner shall ensure that any structure or other improvement to the land
remains in good and safe condition;
4.4
Every owner shall keep their yard and property free and clear of infestations of
injurious insects, termites, rodents, vermin or other pests.
5.
Derelict Motor Vehicles
5.1
Except as provided in the Town's Official Plan or Comprehensive Zoning By-law
as amended from time to time, no person shall use any property for:
5.1.1. the parking or storage of no more than one motor vehicle that is unfit to
be operated on a highway due to damage or poor repair.
5.1. 2 the wrecking or dismantling or salvaging of parts thereof for sale or other
disposal.
5.2
Section 5.1 shall not apply to a hobby vehicle while it is actively being worked on.
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6.
Enforcement
6.1
Right of Entry / Obstruction
6.1.1 Where power of entry under the Municipal Act, as amended, permits, an
Officer(s) of the Town may enter upon the premise for the purpose of
inspection, and/or remedial actions at any reasonable time, without
notice.
6.1.2 A person exercising a power of entry on behalf of the Town under the
Municipal Act, shall, on request, display or produce proper identification.
6.1.3 In accordance with the provisions of the Municipal Act, 2001, as
amended, no person shall hinder, interfere with or otherwise obstruct,
either directly or indirectly, an officer, employee of the Town in the
lawful exercise or power or duty under this By-law.
6.2
Offences
6.2.1 If an Officer has reasonable grounds to believe that a contravention of
the By-law has occurred, the Officer shall issue a notice requiring the
owner of the land and person who contravened the By-law or who
caused or permitted the contravention, or the owner or occupier of the
land on which the contravention occurred to discontinue the
contravention and/or perform remedial repairs to reach compliance with
this By-law.
6.2.2 Every person who contravenes this By-law is guilty of an offense.
6.2.3 Any person who is in contravention of any provision of this By-law or who
fails to comply with a notice to remedy shall be deemed to be committing
a continuing offence for each day that the offence remains in
contravention, or for each day they fail to comply with the notice to
remedy.
6.3
Remediation
If an Officer is satisfied that a contravention of this By-law has occurred the
Officer shall provide written notice to the owner or occupier of the land to
provide a reasonable time for voluntary remediation.
6.3.1 A notice of contravention shall outline:
i)
municipal address of the property on which the contravention
occurred
ii)
date of contravention
iii)
reasonable particulars of the contravention of the By-law
iv)
date that compliance shall be achieved
6.3.2 The notice may be served personally on the person, owner and /or
occupier to whom it is directed or by regular 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 mailing. Service on a corporation can be
made by registered mail to the corporate mailing address.
6.3.3 If the work required under the notice of contravention of this By-law, is
not done within the specified period, the Town in addition to all other
remedies it may have, may do the work at the owner's expense and may
enter upon the land at any reasonable time for this purpose.
6.3.3.1 If the costs for work pursuant to the provision of this By-law are not paid
by the owner to the Town within thirty (30) days of written demand
thereof, the Treasurer for the Town may add the costs, including interest,
to the tax roll for the lot and collect them in the same manner as
municipal taxes.
6.3.4. The Town assumes no liability for property damage or personal injury
resulting from remedial action or remedial work undertaken with respect
to any person or property that is subject of this By-law.
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6.4
Penalties
6.4.1 Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to the penalties as proved for in the
Provincial Offences Act, R.S.O. 1990, c.P.33 as amended.
6.4.2 A person who is convicted of an offence under this By-law is liable for
each day or part of a day that the offence continues, to a maximum fine
of $10,000 and the total of all the daily fines for the offence is not limited
to $100,000 as provided for in subsection 429(3)2 of the Municipal Act,
2001 as amended.
7.
Liability
7.1
The Town assumes no liability for enforcement of this By-law including:
7.1.1 shall not be liable to compensate any owner/ occupier or any other
person having interest in the subject property by reason of anything done
by or on behalf of the Town under the provisions of this By-law.
7.1.2 where any materials or things are removed in accordance with this By-
law the materials or things may be immediately disposed of by the
Officer and any recovered salvage value or other actual recovery of
money made upon such disposal shall be credited against costs; and
7.1.3 where a vehicle has been removed, impounded, or otherwise restrained
according to Section 170(15) of the Highway Traffic Act, RSO 1990, as
amended in violation of this By-law, all costs associated with the removal,
impoundment, will be the responsibility of the registered owner of the
vehicle.
8.
Validity
8.1
Should a court of competent jurisdiction declare a part of whole of any
provision of this By-law to be invalid or of no force and effect, the provision or
part is deemed severable from this By-law. It is the intention of Council that the
remainder survives and be applied and enforced in accordance with its terms to
the extent possible under the law so as to protect the public by ensuring a
minimum standard for maintenance of yards is maintained.
8.2
Where a provision of this By-law conflicts with the revision of another By-law,
Act or Regulation in force within the Township of Ryerson the provisions that
establish the higher standards to protect health and safety of person shall
prevail.
9.
Effect
9.1
This by-law shall come into force and take effect one year after
the date of final adoption.
Read a First, Second, and
Third time, Signed and the
Seal of the Corporation affixed
thereto and finally passed in
Original signed by George Sterling
Council this 2nd day of February 2021.
MAYOR
Original signed by Nancy Field
CLERK / DEPUTY CLERK
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Township of Ryerson
Appendix 'A'
PART 1 Provincial Offences Act
By-law No. 05 -21
CLEAN YARD BYLAW
ITEM
COLUMN 1
SHORT FORM WORDING
COLUMN 2
PROVISION
CREATING OR
DEFINING
OFFENCE
COLUMN 3
SET FINE
1.
Failure to keep front yard clean and free
from any refuse and/or debris
3.1
100.00
2.
Failure to keep yard and property clean and
free from any refuse and debris except when
screened, secured or contained
3.2
100.00
3.
Improper disposal, burying, dumping or
storage of refuse
3.4
100.00
4.
Failure to ensure grass and other vegetation
is cut and trimmed to not exceed six (6)
inches
3.6
100.00
5.
Failure to keep property and yard free and
clear of stagnant water
3.7
100.00
6.
Failure to fill in any excavation or provide
adequate barrier and/or fence
4.1
100.00
7.
Failure to ensure that any structure or
improvement to land remains in good and
safe condition
4.3
100.00
Note: the general penalty provision for the offences listed above is section 6.4 of By-law 05-21, a certified copy
of which has been filed.