Lot Maintenance By-Law No. 75 of 2009 (Consolidated, incl. amendment 88 of 2020) — full text

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BY-LAW NUMBER 75 OF 2009 OF THE CITY OF SARNIA (As Amended by By-Law No. 66 of 2011, 87 of 2014, 57 of 2020 & 88 of 2020) "Being a By-Law to Provide for the Maintenance of Land in the City of Sarnia" WHEREAS Section 127 of the Municipal Act, 2001, as amended authorizes the Councils of local municipalities to pass by-laws for requiring and regulating the clearing and cleaning of land, which by-law or bylaws; (a) 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; (b) Regulate when and how matters required under clause (a) shall be done; (c) Prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land; and (d) Define "refuse" for the purpose of this by-law. AND WHEREAS the Official Plan for The Corporation of the City of Sarnia includes provisions relating to property conditions; THEREFORE the Council of The Corporation of the City of Sarnia enacts as follows: 1 SHORT TITLE This by-law may be cited as the "Lot Maintenance By-Law" 2 DEFINITIONS 2.1 In this by-law, the following definitions shall apply: "Agricultural purposes" shall mean use of lands for agricultural purposes as defined and in accordance with the City of Sarnia Zoning By-Law, "City" shall mean The Corporation of the City of Sarnia; "Cleared" shall mean the removal 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, and includes the removal of dead, decayed, or damaged trees or other natural growth Blw 87-14 "Collection Bins" means a plastic, wood or metal container intended for the collection or storage of waste, recyclables, or donated items; Blw 66-11 "Commercial Motor Vehicle" means a motor vehicle used for, or associated with, a commercial activity that: (i) exceeds a gross vehicle empty weight of 3000 kilograms, or (ii) exceeds a height of 2.6 metres; or (iii) exceeds an overall length greater than 6 metres. "Composting" shall mean the biological degradation or breakdown of organic material into a dark soil-like material called humus; "Composting Container" shall mean the holding unit used to store yard, garden and household waste for the purpose of composting not exceeding one square meter and 1.8 meters in height in size; Blw 57-20 "Daylight Triangle" means that portion of a corner lot within the triangular space formed by the street lines and a straight line drawn from a point in one street line to a point in the other street line, each such point being 5 metres (16.4 feet) measured along each street line from the point of intersection of the street lines; "Derelict Motor Vehicle" shall mean: (i) Any vehicle as defined by the Highway Traffic Act and includes snowmobiles, boats, trailers, recreational and all-terrain vehicles that are either: a. In such a state of disrepair or dismantlement as to be inoperative; or b. Deserted or abandoned. (ii) For the purpose of this By-Law, a vehicle shall have been deemed to have been deserted or abandoned if it is: a. without a license plate; b. has a license plate which is missing an annual sticker; or c. has a license plate but has an annual renewal sticker which has been expired for a period of three months or more. (iii) Notwithstanding (ii) above, if the Enforcement Officer is satisfied that any vehicle otherwise meeting the description in this section has not been deserted or abandoned, then it shall NOT be deemed deserted or abandoned. "Domestic waste" shall mean any article, thing, matter or effluent belonging to or associated with a residence, household or dwelling unit that appears to be waste material and includes but is not limited to the following classes of waste material: (a) grass clippings, tree cuttings, brush, leaves and garden refuse except any material placed in a composting container; (b) paper, cardboard, clothing; (c) all kitchen and table waste, of animal or vegetable origin resulting from the preparation or consumption of food except any material of vegetable origin placed in a composting container; (d) cans, glass, plastic containers, dishes; (e) new or used material resulting from or for the purpose of construction, alteration, repair or demolition of any building or structure; (f) refrigerators, freezers, stoves or other appliances and furniture; (g) furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks; (h) derelict motor vehicle, inoperative motor vehicle, vehicle motor parts and accessories, vehicle tires mounted or un- mounted on rims, mechanical equipment; (i) rubble, inert fill, fencing materials. "Enforcement Officer" means the Chief Building Official or designate, and any other person appointed as By-Law Enforcement Officer and/or acting under the instructions of the Council of the City of Sarnia to perform inspections pursuant to this by-law; "Industrial waste" shall mean any article, thing, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes, but is not limited to, the following classes of waste material: (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) paper or cardboard packaging or wrapping; (h) material resulting from, or as part of, construction or demolition projects; (i) derelict motor vehicle, inoperative motor vehicle, vehicle parts and accessories, vehicle tires mounted or un-mounted on rims, mechanical equipment. "Land" includes yards, vacant lots or any part of a lot which is not beneath a building; Blw 57-20 "Lot Line" means a line dividing one lot from another, or from a street or another public space; Blw 66-11 "Motor Vehicle" means any vehicle as defined by the Highway Traffic Act and further includes snowmobiles, boats, trailers, recreational and all-terrain vehicles "Naturalized area" means a portion of a lot where a lawn or perennial garden previously maintained by the owner which has been allowed to re-establish a reproducing population of native species, through a combination of natural regeneration and deliberate plantings of species or other species to emulate a natural area; "Owner" includes an owner, lessee, and occupant of the land; Blw 66-11 "Paved Surface" means a driveway or parking space surfaced and maintained with asphalt, concrete, brick, stone, block, or crushed stone. "Publicly Owned Land" means land owned by The Corporation of the City of Sarnia, Corporation of the County of Lambton, the St. Clair Region Conservation Authority, and any Ministry or Department of the Governments of Canada or Ontario; Blw 57-20 "Rear Yard" means a yard extending across the full width of the lot between the rear lot line of the lot and the foundation of any main building on the lot. If there is no rear lot line, there shall be deemed to be no rear yard; Blw 57-20 "Recreational Vehicle" means any vehicle as defined by the Highway Traffic Act and includes trailers, motorhomes, travel trailers, fifth wheels, tent trailers, hybrids, boat trailers, boats and personal watercrafts; "Rubble" includes broken concrete, bricks, broken asphalt, patio or sidewalk slabs and like materials; "Refuse" means 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 shall include domestic waste and industrial waste; Blw 57-20 "Side Yard" means a side yard immediately adjoining a sidewalk or lot line, extending from the front yard to the rear lot line; Blw 57-20 "Street" means a public highway which provides the principal means of vehicular access to abutting lots and includes its sidewalks and boulevards; "Wildflower Meadow" means a specialized habitat managed within a naturalized area, which is dominated by native species of flowers and grasses. "Woodlot" shall mean an area of trees in excess of 0.2 hectares. 3 Lot Maintenance Standards Blw 88-20 3.1 Every person who owns, leases or occupies land shall be responsible for keeping all such lands cleared including for the removal of weeds and/or grass in excess of 6 inches in height. 3.2 Every person shall keep all lands which he, she or they may own, lease or occupy, cleaned of all refuse. Blw 88-20 3.3 No person shall fail to enclose an excavation with a temporary barrier at least 48 inches in height. Blw 88-20 3.4 No person shall fail to drain an accumulation of water exceeding 12 inches in depth. 3.5 No person shall deposit refuse on privately owned lands without lawful authority. 3.6 No person shall deposit refuse on publicly owned lands without lawful authority. 3.7 Every owner shall keep all surfaces used for vehicular traffic and parking in good repair. 3.8 Every owner shall maintain steps, walks, and other similar areas in a manner so as to afford safe passage. Blw 66-11 3.9 No person shall cause or permit the parking of a Motor Vehicle in a front or exterior side yard of a residential property other than on a paved surface. Blw 66-11 3.10 No person shall cause or permit the parking of a Commercial Motor Vehicle on a residential property. Blw 87-14 3.11 No person shall place, cause or allow to be placed, a collection bin on lands without written permission from the property owner and where required City site plan approval. Blw 57-20 3.12 No person shall cause or permit the parking of Recreational Vehicles on a residential property." 4 EXEMPTIONS Blw 88-20 4.1 Section 3.3 of this by-law does not apply to land on which construction is proceeding under a valid building permit. 4.2 Section 3.4 of this by-law does not apply to natural bodies of water. 4.3 Section 3.1 of this by-law shall not apply to land which is lawfully used for outdoor storage of materials in compliance with the applicable zoning and licensing bylaws and regulations. 4.4 Sections 3.1, 3.3, and 3.4, of this by-law do not apply to any lands used for agricultural purposes. Blw 88-20 4.6 Section 3.1 of this by-law does not apply to a wildflower meadow or a naturalized area provided that those areas are managed in accordance with the Weed Control Act. 4.7 Section 3.1 of this by-law does not apply to any lands used as a wood Lot purposes 4.8 This by-law does not apply to the placement or collection of waste in accordance with the City of Sarnia's Waste Collection By-law as amended. Blw 88-20 4.9 This By-law does not apply to any government or publicly- funded agency or organizations that delivers or supports government operations and services. Blw 57-20 4.10 This by-law does not apply to Recreational Vehicles that are parked on a paved surface from May 1st to October 31st and are not located in a daylight triangle or within 0.60 m of a sidewalk or lot line. Blw 57-20 4.11 This by-law does not apply to Recreational Vehicles that are stored on a paved surface from November 1st to April 30th, provided they are located in a side yard or rear yard, and are located a minimum of 0.60 m from a sidewalk or lot line. Blw 57-20 4.12 A home owner may request special permits for up to two occasions to park their recreational vehicle on a paved surface in a front yard between November 1st and April 30th where the intended exemption does not exceed 14 days on each occasion. 5 LIABILITY 5.1 Every owner, lessee and occupant of the lands within the territorial limits of the City of Sarnia are jointly and severally liable to ensure compliance of such lands and premises with the standards prescribed by this by-law. 6 RIGHT OF ENTRY 6.1 For the purpose of ensuring compliance with the provisions of this by-law an Enforcement Officer may, at all reasonable times, enter upon and inspect any property to determine compliance to this by-law or an order made under the authority of this by-law. 7 ADMINISTRATION AND ENFORCEMENT Blw 88-20 7.1 If a person is found to have contravened any of the provisions of this by-law, the City may issue a notice to the person to remedy the contravention setting out the reasonable particulars of the contravention, the location of the land on which the contravention occurred, and the date by which there must be compliance with the notice. Blw 88-20 7.2 Every person to whom a notice is issued under this by-law shall comply with the notice within the time set in the notice. Blw 88-20 7.3 Where any act or thing required to be done in accordance with this by-law is not done, the City may cause the matter or thing to be done and shall recover the costs of so doing by adding the costs to the tax roll of the property and collecting them in the same manner and with the same priority as municipal taxes." Blw 88-20 7.4 Every person who contravenes any provision of this by-law is guilty of an offence as provided for in subsection 429(1) of the Municipal Act, 2001, and all such offences are designated as continuing offences as provided for in subsection 429(2)(a) of the Act. Blw 88-20 7.5 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 minimum fine of $500.00 and a maximum fine of $10,000.00 and the total of all daily fines for the offence is not limited to $100,000.00 as provided for in subsection 429(3)1. of the Act. Blw 88-20 7.6 When a person has been convicted of an offence under this by-law, the Superior Court of Justice, or any court of competent jurisdiction, thereafter may, in addition to any penalty imposed on the person convicted, issue an order: a) prohibiting the continuation or repetition of the offence by the person convicted; and, b) requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. Blw 88-20 7.7 In the event that any provisions of this by-law contradict, are inconsistent with, or are otherwise incapable of being construed in conjunction with the provisions of the City's Zoning By-law No 85 of 2002, the provisions of this by-law shall take precedence over those contained in the Zoning By- Law No 85 of 2002. Blw 88-20 7.8 Should any part of this By-Law be declared by a court to be invalid, the remaining provisions shall remain in full force and effect, and the By-Law shall be read as if the offending section has been struck out. 8 REPEAL - ENACTMENT 8.1 Sections 2.2, 2.3, 2.5, 2.7, 4.1, and 5.1 of the Property Standards By-law, By-law 67 of 2005, as amended are hereby repealed. 8.2 This by-law comes into force on the day it is finally passed. FINALLY PASSED this 11th day of May, 2009. "Mike Bradley" ______________________________ Mayor "Brian W. Knott" ______________________________ City Solicitor/Clerk