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THE CORPORATION OF THE CITY OF SAULT STE. MARIE
BY-LAW 2012-10
YARD MAINTENANCE BY-LAW: (B.1.4.) Being a yard maintenance by-law for
the Corporation of the City of Sault Ste. Marie.
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, s. 8, provides that
the powers of a municipality shall be interpreted broadly so as to confer broad authority
on the municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality's ability to respond to municipal issues;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, s. 9, provides
that a municipality has the capacity, rights, powers, and privileges of a natural person
for the purpose of exercising its authority;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, s. 128,
provides that a local municipality may 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 offences and penalty provisions for contraventions are as set out in
section 425, 429 and 431 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended;
AND WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25, as amended, s. 445,
provides that if a local 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
AND WHEREAS Municipal Council of The Corporation of the City of Sault Ste. Marie is
deems yard maintenance regulations necessary to prevent nuisances and the
accumulation of waste, debris, and refuse.
[enacted by By-law 2023-109]
THE COUNCIL of The Corporation of the City of Sault Ste. Marie, ENACTS as follows:
1. Definitions
In this by-law:
"Chief Building Official" means the Chief Building Official (CBO) or any of his or her
designates
"City" means the Corporation of the City of Sault Ste. Marie
"debris" includes refuse, waste, discarded materials or garbage of any kind whatsoever
and includes, whether of value or not:
a) accumulations of litter, remains, garbage, rubble, waste, construction
material,
b) weighty or bulky items such as appliances, furnaces, furnace parts, pipes,
pipe fittings, water or fuel tanks placed in a condition or location where they
cannot or are not being used for their intended purposes,
c) paper, boxes, cartons,
d) dilapidated or abandoned furniture,
e) crockery, glass, cans, containers,
f) garden refuse and trimmings,
g) post-construction and -demolition project materials,
h) domestic and industrial waste,
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i) earth or rock fill,
j) mechanical equipment or equipment parts placed in a condition or location
where they cannot be used for their intended purposes, or
k) clothing or other household linens lying in an unprotected condition. [deleted
by By-law 2026-80]
"inoperative vehicles" means licensed or unlicensed motor vehicles, trailers, boats,
snowmobiles having missing, damaged, deteriorated or removed parts including, but not
limited to wheels, motor transmission, doors, glass or other parts or mechanical
equipment necessary for its safe operation.
"refuse" includes debris, waste, discarded materials or garbage of any kind whatsoever
and includes, whether of value or not:
a) accumulations of litter, remains, garbage, waste, construction material,
b) weighty or bulky items such as appliances, furnaces, furnace parts, pipes,
pipe fittings, water or fuel tanks placed in a condition or location where
they cannot or are not being used for their intended purposes,
c) paper, boxes, cartons,
d) dilapidated or abandoned furniture,
e) crockery, glass, cans, trimmings,
f) garden refuse and trimmings,
g) domestic and industrial waste,
h) earth or rock fill,
i) mechanical equipment or equipment parts placed in a condition or location
where they cannot be used for their intended purposes, or clothing or
other household linens lying in an unprotected condition. [enacted by By-
law 2026-80]
"turfgass" means ground cover of various perennial grasses for lawns which forms a
dense, uniform turf if mown. [enacted by By-law 2026-80]
"unsafe condition" means a public health, public safety or fire hazard. [enacted by By-
law 2026-80]
"yard" means a space, appurtenant to a building or structure, located on the same lot as
the building or structure, and which space is open, uncovered and unoccupied from the
ground to the sky except for such accessory buildings, structures or uses as are
specifically permitted.
2. Repeal By-law 76-185
By-law 76-185 is hereby repealed.
3. Every yard, including vacant lots shall be kept clean and free from:
a) turfgrass in excess of 20cm
b) growth of weeds and undergrowth that constitutes an unsafe condition
c) dead, decaying or damaged trees or other natural growth, or branches or
limbs that create an unsafe condition
d) refuse that constitutes an unsafe condition or prevents access to or exit from
the property
e) broken glass from any source including glass from windows, doors and
vehicles
f) holes, pits, excavations or trenches constituting an unsafe condition
g) inoperative, wrecked or dismantled vehicles or other machinery or any part
thereof, except in an establishment licensed or authorized to conduct and
operate such a business
h) dilapidated, collapsed or abandoned partially constructed structures
i) dilapidated, collapsed or abandoned partially constructed fences
j) abandoned or discarded appliance such as refrigerators, stoves and freezers
k) post-construction or -demolition material resulting from, or as part of,
construction or demolition projects. [amended by By-law 2026-80]
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4. Where a yard is in any of the aforementioned conditions, the City shall notify the
owner of the property in writing of the breach of a condition of this by-law.
a) The owner or occupant shall have minimum of seven days to bring his or her
yard into compliance with the provisions of this by-law.
i. The owner or occupant may request from the CBO an extension of time
to achieve compliance
ii. The CBO may extend compliance for a reasonable time
iii. The reasonable time for compliance shall be determined by the Chief
Building Officer
b) The owner or occupant shall adhere to the above written notice of breach of
this by-law by the Chief Building Official within the time prescribed in the
order. [enacted by By-law 2023-109]
5. After a reasonable time and in accordance with s. 436(1) and (2) of the Municipal
Act, the City may enter onto the property for the purpose of determining if
compliance has been achieved.
6. If, after an inspection under s.5 and after such a reasonable time as set out in s.4(a)
has passed, the CBO determined that the property or any portion thereof remains in
a non-complaint condition, the City may enter the premises and perform the work
necessary or authorize the entry and performance of the work. The work shall be
done at the expense of the owner of the property and the cost of such work and any
associated administrative fees shall be then due and payable to the City that shall
recover the expense in the same manner as municipal taxes. [amended by By-law
2026-80]
7. Without limiting s.6, the City may, in conjunction with bringing the yard into
compliance with this by-law, proceed with prosecution of the owner for breach of the
terms of this by-law. [amended by By-law 2026-80]
8. Every person who contravenes any provision of this by-law is guilty of an offence
and liable to a fine as provided for in the s.61 of the Provincial Offences Act R.S.O.
1990 c.P.33.
9.
Effective Date
This by-law takes effect on the day of its final passing.
PASSED in open Council this 9th day of January, 2012.
"Debbie Amaroso"
_____________________________
MAYOR - DEBBIE AMAROSO
"Malcolm White"
______________________________
CITY CLERK - MALCOLM WHITE
sd LEGAL\STAFF\BYLAWS\2012\2012-10 YARD MAINTENANCE BY-LAW.DOC