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1
THE CORPORATION OF THE
TOWNSHIP OF SOUTH GLENGARRY
BY-LAW 11-2020
FOR THE YEAR 2020
BEING A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF LAND
IN A CLEAN, CLEAR AND SAFE CONDITION
WHEREAS, the Municipal Act, 2001, c.25 S 5 (1) provides that the powers
of a municipal corporation are to be exercised by its council;
AND WHEREAS the Municipal Act, 2001, c. 25 S. 5(3) provides that the
powers of every council are to be exercised by by-law.
AND WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c.25
(hereinafter referred to as the "Municipal Act") provides that the powers of a
municipality under the Municipal Act or any other Act 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 Section 9 of the Municipal Act provides that a municipality
has the capacity, rights, powers and privileges of a natural person for the
purpose of exercising its authority under the Municipal Act or any other Act;
AND WHEREAS pursuant to Section 11(2) of the Municipal Act, a
municipality may pass by-laws respecting the environmental well-being of
the municipality, the health, safety and well-being of the persons and the
protection of persons and property;
AND WHEREAS pursuant to Section 127 of the Municipal Act, a
municipality may define what constitutes debris and refuse and may require
the owner or occupant of land to clean and clear land, to clear refuse or
debris from the land, to regulate how cleaning and clearing is to be done
and to prohibit the depositing of refuse or debris without the consent of the
owner or occupant of the land;
AND WHEREAS pursuant to Section 128 of the Municipal Act, a
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 pursuant to Section 131 of the Municipal Act, a
municipality may 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 pursuant to Section 425 of the Municipal Act, a
municipality may pass by-laws providing that a person who contravenes a
by-law of the municipality passed under this Act is guilty of an offence;
AND WHEREAS pursuant to Section 426 of the Municipal Act, no person
shall hinder or obstruct, or attempt to hinder or obstruct, any person who is
exercising a power or performing a duty under this Act or under a by-law
passed under this Act;
AND WHEREAS pursuant to Section 436 of the Municipal Act, a By-Law
Enforcement Officer may enter upon any land at any reasonable time for
the purpose of carrying out an inspection to determine compliance with this
by-law;
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AND WHEREAS pursuant to Section 446(1) of the Municipal Act, a
municipality may direct or require a person to do a matter or thing and 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;
AND WHEREAS pursuant to Section 446(3) of the Municipal Act, a
municipality may recover the costs of doing a matter or thing under
subsection (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;
NOW THEREFORE the council of the Corporation of the Township of South
Glengarry hereby enacts the following as a by-law;
SHORT TITLE
This by-law may be referred to as the "Clean Yard By-Law".
PART 1 - DEFINITIONS
1.1
In this by-law;
a) "Boulevard" means that portion of a highway between the Town property
line and roadway, which is not used or intended for use for vehicular travel
by the general public and includes any landscaped areas that are separated
from private property by sidewalks.
b) "Buffer Strip" means a maintained clearance of 1.5m from the property line.
c) "Compost" means the natural decomposition of organic materials to produce
humus in a compost container, pile or digester.
d) "Council" means the Council for the Corporation of the Township of South
Glengarry
e) "Derelict Motor Vehicle" means a motor vehicle having, missing, or
damaged components or parts, including tires, bodywork or glass or a motor
vehicle that does not bear a valid licence plate including a current validation
sticker.
f)
"Domestic Waste" means any debris, rubbish, refuse or garbage of any type
arising from the subject residence, belonging to or associated with the
subject house or use of the subject house or residential property, including
but not limited to garbage, discarded material or things, yard waste, broken
or dismantled things and materials or things exposed to the elements and
deteriorating or decaying on a property due to exposure to the weather.
g) "Forested" means a full or partial cover of land with forest; plants and trees.
h) "Ground Cover" means one or more species of grass or suitable vegetation.
i)
"Industrial Waste" means any debris, rubbish, refuse or garbage of any type
arising from an industrial or commercial operation, or belonging to or
associated with industry or commerce or industrial or commercial property
including but not limited to garbage, discarded material or things, broken or
dismantled things, yard waste, materials or things exposed to the elements
and deteriorating or decaying on a property due to exposure to the weather.
j)
"Landscape Feature" means a fence, retaining wall, gazebo, trellis and
similar decorative features.
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k) "Manager" means the Township's Manager of Municipal Law Enforcement
and his or her designate or successor;
l)
"Motor Vehicle" means an automobile, truck, motorcycle, snowmobile,
trailer, recreational vehicle and any other vehicle propelled or driven by
other than muscular power, but does not include the cars of an electric or
steam railway or other vehicles running solely upon rails or a traction engine,
farm tractor, self-propelled implement of husbandry or road building
machine within the meaning of the Highway Traffic Act, R.S.O. 1990, c. H.8,
as amended.
m) "Naturalized Area" means a natural or ecological succession when land is
not mowed, ploughed or cut, with the absence of noxious weeds. For the
purposes of this By-Law a Naturalized area refers to vacant lots.
n) "Normal Farm Practice" refers to the definition in the Farming and Food
Production Act.
o) "Noxious weed" means a plant that has been listed in the Schedule of Noxious
Weeds found in Regulation 1096 made under the Weed Control Act.
p) "Officer" means an officer of the Township responsible for enforcement of by-
laws.
q) "Owner" means the registered owner of land, the owner in trust, a mortgagee
in possession and includes a person, firm, partnership, corporation,
company, association or organization of any kind and its principal(s).
r) "Principal Building" means a building which, by reason of its use, constitutes
the primary purpose for which the lot is used.
s) "Property" means any land within the Township of South Glengarry including
yards and vacant lots.
t) "Rural Settlement Areas" means all areas as defined by the Township's
Comprehensive Zoning By-Law.
u) "United Counties" means the United Counties of Stormont, Dundas and
Glengarry.
v) "Urban Settlement Area" means all areas as defined by the Township's
Comprehensive Zoning By-Law.
w) "Waste" means a substance or material that is unusable or unwanted and
includes but is not limited to:
(i) animal feces;
(ii) broken or discarded material;
(iii) disconnected appliances and parts of such appliances;
(iv) firewood not stacked neatly;
(v) indoor furniture;
(vi) inoperative machinery, inoperative motor vehicles, parts of such
machinery not packaged for immediate shipment or parts of vehicles not
packaged for immediate shipment;
(vii) material resulting from construction, demolition, repair or
renovation
projects,
(viii)piping, ducting, tubing, conduits, cable, wire and fittings or related
accessories not packaged for immediate shipment;
(ix) torn or cut twigs or branches;
(x) waste lumber,
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(xi) domestic, yard, or industrial waste.
x) "Yard" means the land other than publicly owned land around or appurtenant to the
whole or any part of a residential or non-residential property and used or capable
of being used in connection with the property.
y) "Yard Waste" includes grass clippings, trees or parts thereof, brush and
leave.
PART 2 - GENERAL PROVISIONS
Vegetation
2.1
Every owner or occupant of property shall keep vegetation in the yard of
their
property clean and cleared up.
a)
Paragraph 2.1 does not apply to any normal farm practice.
b)
For the purposes of paragraph 2.1, to "clean" or "clear up" means:
i.
For property located inside Rural and Urban Settlement Areas to keep all
vegetation cut to a height of equal to or less than 20 cm, except:
1. ornamental plants;
2. shrubs or trees;
3. cultivated fruits or vegetables;
4. plants buffering or otherwise protecting a natural feature such as
a
watercourse; or
5. naturalized areas.
ii.
Notwithstanding section 2.1 b) i all Naturalized areas shall maintain a buffer
strip equal to or more than 1.5m from all property lines cut to a maximum of
20cm.
iii.
For property of 2.5 hectares or less that is developed or a vacant property
of 4000m2 or less, located in any zone outside of those mentioned in sub-
paragraph 2.1 b) i. to keep all vegetation within 1.5m of the property line cut
to a height of equal to or less than 20cm, except;
1. ornamental plants;
2. shrubs or trees;
3. cultivated fruits or vegetables; or
4. plants buffering or otherwise protecting a natural feature such as a
watercourse;
5. forested area of property.
iv.
to remove all noxious weeds; and
v.
to maintain the yard so as to prevent instability including but not limited to
the erosion of the soil.
Waste
2.2
Every owner or occupant of a property shall keep the yard of their property
free and clear of all waste.
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a) Every owner or occupant of property shall keep the boulevard adjacent to
their
property
free
and
clear
of
all
domestic
waste.
b) Every owner or occupant of a property shall keep all hedges and trees
adjacent to a public sidewalk or roadway cut and trimmed to allow safe
unhindered passage.
2.3
No person shall use the yard of any property within the Township for
depositing of any waste.
2.4
Subject to paragraph 2.4 paragraphs 2.2 and 2.3 do not apply to:
a) property used by the Township for the purpose of depositing waste; or
b) property used for the purpose of depositing waste under federal, provincial
or municipal authority.
2.5
No person other than the Township or a person with federal, provincial or
municipal authority shall deposit waste on property described in
subparagraph 2.4 b).
2.6
Every owner or occupant of a property shall ensure that all waste which
accumulates on their property is:
a) when not placed out for collection in accordance with applicable Township
by-laws, in containers:
i.
made of rigid, watertight construction;
ii.
provided with a tight-fitting cover, which may be removed only when the
container is empty or is being actively loaded;
iii.
maintained in good condition without holes or spillage; and
iv.
closed, or emptied, rinsed and cleaned when not in use, to prevent the
escape of offensive odour or waste; and
v.
kept in a side or rear yard located against a building, structure, fence or
retaining wall and arranged in an orderly manner; and
b) not allowed to accumulate for longer than 14 days.
c) Notwithstanding section 2.6, all waste accumulated on a property due to
construction may be properly disposed of in a dumpster or similar container
for the duration of a building permit or to a maximum of 3 months for
construction where a permit is not required; unless otherwise authorized by
the Manager due to the type of construction.
Compost
2.7
No owner shall establish one or more compost piles or structures except in
accordance with the following:
a) the compost pile or structure is for the sole use of the owner or occupant of
the property on which the compost pile or structure is located;
b) that only acceptable compostable material as outlined by the Ontario
Ministry of the Environment and local health authorities are placed within
the compost pile or structure;
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c) the compost pile or structure is no larger than 1 square metre (10 square
feet) in area or 1.8 metres (6 feet) in height;
d) the compost pile or structure is not located in any front yard as defined in
the Township Zoning By-Law and not located closer than 0.6 metres (2 feet)
from any side or rear property line;
e) the compost pile or structure is enclosed on all sides by concrete block or
lumber or a similar material or within a commercial plastic container
designed for composting;
f)
the compost material is kept covered with yard waste, soil or humus at all
times;
g) the compost pile or container is maintained so as to not attract vermin or
animals or create a nuisance by way of offensive odours.
Drains
2.8
Every owner or occupant of property on which there is a private drain shall
keep
their drain operational and in good repair.
2.9
No owner or occupant of property shall obstruct or permit the obstruction of
a
private drain on their property.
2.10
No owner or occupant of property shall obstruct, or cause or permit the
obstruction of a watercourse on their property.
Swimming Pool, Hot Tub, Artificial Ponds
2.11
Every owner or occupant of property shall ensure that water from a
swimming pool, hot tub, artificial pond, rain barrel or similar water container
is
not
drained
on
to
an
adjacent
property.
2.12
Every owner or occupant of property containing a swimming pool, hot tub,
wading pool or artificial pond shall maintain such swimming pool, hot tub,
wading pool or artificial pond in good repair and working condition and free
of standing water.
Unsafe or Hazardous Conditions
2.13
Every owner or occupant of property shall ensure that any well, cistern,
cesspool,
privy vault, pit or excavation:
a) in active use, is secured by a fence with a warning sign;
b) not in active use, is permanently sealed or secured by a fence, cover or
other means.
2.14
Every owner or occupant of property shall keep the surfaces of steps, walks,
driveways, parking spaces and similar areas of their property maintained
and free of snow and ice so as to afford safe passage under their normal
use.
2.15
Every owner or occupant of property shall keep the yard of their property
clean and free from any objects or conditions that might create a health, fire
or accident hazard or an unsafe condition.
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PART 3 - ADMINISTRATION AND ENFORCEMENT
3.1 This by-law shall be enforced on a basis of written complaints, unless the
Manager is aware of an obvious unsafe condition warranting correction.
3.2 The Manager will not inspect the entire premises or suite but will inspect
only those items which are the subject of the written complaint.
3.3 Notwithstanding 3.2, the Manager may inspect other areas or items believed
to
be
unsafe.
3.4 The Manager is authorized to administer and enforce this By-law including
but not limited to:
a)
arranging for:
i.
the assistance or work of Township staff, or Township agents;
ii.
the making of orders or other requirements and the imposition of conditions
as authorized under this By-law;
iii.
the obtaining of court orders or warrants as may be required;
iv.
the commencement of such actions on behalf of the Township to recover
costs or restrain contravention of this By-law as deemed necessary; and
b)
prescribing the format and content of any forms or other documents required
under this By-law.
3.5 The Manager may assign Officers to enforce this By-law and Officers so
assigned or appointed by Council to enforce this By-law shall have the
authority to:
a)
carry out inspections;
b)
make orders or other requirements as authorized under this By-law; and
c)
give immediate effect to any orders or other requirements made under this
By-law.
3.6 The Manager may assign duties or delegate tasks under this By-law to be
carried out in the Manager's absence or otherwise.
Entry and Inspections
3.7 An Officer may enter on land at any reasonable time and in accordance with
the conditions set out in sections 435 and 437 of the Municipal Act, 2001 for
the purpose of carrying out an inspection to determine whether or not the
following are being complied with:
a)
this By-law;
b)
a direction or order made under this By-law;
c)
an order made under s. 431 of the Municipal Act, 2001.
3.8 An Officer may, for the purposes of the inspection under Section 3.7 and in
accordance with the conditions set out in section 436 of the Municipal Act,
2001:
a)
require the production for inspection of documents or things relevant to the
inspection;
b)
inspect and remove documents or things relevant to the inspection for the
purpose of making copies or extracts;
c)
require information in writing or otherwise as required by the Officer from
any person concerning a matter related to the inspection; or
d)
alone or in conjunction with a person possessing special or expert
knowledge, make examinations or take tests, samples or photographs
necessary for the purposes of the inspection.
3.9 An Officer may undertake an inspection pursuant to an order issued by a
provincial judge or justice of the peace under Section 438 of the Municipal
Act, 2001, in accordance with the conditions set out in that section, where
he or she has been prevented or is likely to be prevented from carrying out
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an inspection under Sections 3.7 and 3.8.
3.10 No Person shall interfere with or obstruct an Officer while performing their
duties under this by-law.
Orders including Delivery
3.11 If an Officer is satisfied that a contravention of this By-law has occurred, he
or she 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 property on which the contravention occurred to do work to correct
the contravention.
3.12 An order under Section 3.11 shall set out:
a)
reasonable particulars of the contravention adequate to identify the
contravention and the location of property on which the contravention
occurred;
b)
the work to be completed;
c)
the date or dates by which the work must be completed; and
d)
notice that if the order is not complied with, then the work may be done at
the expense of the owner;
e)
notice that if the cost of work plus administration fees are not paid in time,
they may be recovered by adding the amount to the tax roll for the Property.
3.13 Delivery of an order to discontinue a contravening activity made under
Section 3.11 or an order to do work made under Section 3.12 may be given
personally or by registered mail to the last known address of:
a)
the owner; and
b)
such other persons affected by the order as an Officer determines.
Delivery by registered mail shall be deemed to have taken place on the fifth
day after the date of mailing.
3.14 In addition to delivery in accordance with Section 3.13, an order to
discontinue contravening activity made under Section 3.11 or an order to do
work made under Section 3.9 may be delivered by an Officer placing a
placard containing the order in a conspicuous place on the property where
the contravention occurred.
3.15 Where a time frame is set out in an order for carrying out any action, an
Officer may extend the time for compliance beyond the established time
frame provided such extension is required and is acceptable to the Officer.
Township Carrying Out Work
3.16 Where a person does not comply with a direction or a requirement within an
order, under this By-law to do a matter or thing, the Manager, in addition to
all other remedies, may cause the Property to be brought into compliance
with this by-law. For this purpose, the Manager with such assistance by
others as may be required, may enter onto the Property at any reasonable
time without further notice to the Owner in order to do such work necessary
to achieve compliance with this by-law at the person's expense.
3.17 In the event that an order has been served on a person in accordance with
Section 2.1 of this by-law, such order shall serve to be notice requiring
compliance with this by-law for the entire calendar year.
3.18 The Township may recover the costs of doing a matter or thing under
Section 2.1 by action or by adding the costs to the tax roll and collecting
9
them in the same manner as property taxes and such costs shall include an
administration fee of 30 per cent (30%). The amount of the Township's
costs, including interest to the date payment is made in full, constitutes a
lien upon the land, upon the registration of a notice of lien upon the land.
Penalties
3.19 Every person who contravenes any provision of this by-law is guilty of an
offence and, upon conviction, is liable to:
a)
a set fine as set out in Schedule "A'; or
b)
a fine as provided for in section 61 of the Provincial Offences Act, R.S.O
1990, c. P.33.
3.20 Where a person is convicted of an offence under this by-law, the Ontario
court of Justice or any court of competent jurisdiction thereafter may, in
addition to any other penalty imposed on the person convicted, make an
order prohibiting the continuation or repetition of the offence by the person
convicted.
Validity and Severability
3.21 If a court of competent jurisdiction should declare any section or part of a
section of this by- law to be invalid, such section or part of a section shall
not be construed as having persuaded or influenced Council to pass the
remainder of the by-law, and it is hereby declared that the remainder of the
by-law shall be valid and shall remain in force.
3.22 Where a provision of this by-law conflicts with the provision of another by-
law in force within the Township, the provisions that establish the higher
standards to protect the health, safety and welfare of the general public shall
prevail.
Repeal
3.23 On the date this by-law comes into effect, By-Law 28-03 as amended shall
be hereby repealed.
3.24 This By-law shall come into force upon the date of passing by Council.
READ A FIRST TIME THIS 2ND DAY OF MARCH, 2020
READ A SECOND TIME THIS 6TH DAY OF APRIL, 2020.
READ A THIRD TIME, PASSED, SIGNED AND SEALED IN OPEN COUNCIL THIS
20TH DAY OF APRIL, 2020.
MAYOR: CLERK:_____________________
SCHEDULE 'A'
CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
Set Fine Schedule
Part 1 Provincial Offences Act
By-Law No.11-2020: Clean Yard By-law
Item Short Form Wording
Provision
Creating or
Defining of
Offence
Set Fine
1
Fail to keep vegetation less than 21
cm.
2.1 b) i
$250.00
2
Fail to keep vegetation less than 21
cm within 1.5m of property line.
2.1 b) ii
$250.00
3
Fail to keep vegetation less than 21
cm within 1.5m of property line.
2.1 b) iii
$250.00
4
Fail to remove noxious weeds.
2.1 b) iv.
$250.00
5
Fail to keep yard free of waste.
2.2
$250.00
6
Fail to keep waste stored in
containers.
2.6 a)
$250.00
7
Allow waste to accumulate for more
than 14 days.
2.6 b)
$250.00
8
Fail to keep compost pile to less
than 1sqm in area.
2.7 c)
$250.00
9
Fail to keep compost pile to less
than 1.8m in height.
2.7 c)
$250.00
10
Fail to keep compost pile at least
0.6m from property line.
2.7 d)
$250.00
11
Fail to keep compost pile enclosed.
2.7 e)
$250.00
12
Fail to keep compost pile
maintained.
2.7 g)
$250.00
13
Obstruct or permit to obstruct a
private drain on property.
2.9
$250.00
14
Allow water to drain from a
swimming pool, hot tub, wading
pool, or similar water container
onto an adjacent property.
2.11
$250.00
15
Fail to maintain swimming pool, hot
tub, wading pool, or similar water
container in good repair.
2.12
$250.00
16
Fail to protect pit, excavation, or
well in active use.
2.13 a)
$350.00
17
Fail to protect pit, excavation, or
well not in active use.
2.13 b)
$350.00
18
Obstructing an Officer.
3.10
$350.00
Note: The general penalty provision for the offences listed above is Section 3.19 of By-
law no. 11-20, a certified copy of which has been filed.
1
SCHEDULE 'B'
CORPORATION OF THE TOWNSHIP OF SOUTH GLENGARRY
By-Law No.11-2020: Clean Yards By-law
Service Use and Activity Charges
Item Service or Activity Fee
Fee
1.
1st Order.
Where the informal notice has not been complied with, for the
first Order issued in respect to any property.
$ 50.00
2.
Subsequent Orders.
Where there has been a previous Order issued, each
subsequent Order issued thereafter.
$ 350.00
3.
Township undertakes to complete the work.
Where the Township undertakes to complete the work
required to comply with any final order.
Cost of the work
performed plus
an administrative
fee of 30%
4.
Certificate of Compliance.
Where after inspecting a property, an Officer, may on the
request of the Owner, issue the Owner a certificate of
compliance.
$25.00