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THE CORPORATION OF THE TOWNSHIP OF SPRINGWATER
BY-LAW NUMBER 2014-037
A By-law regarding Clean, Safe Properties.
WHEREAS sub-section 8(1) of the Municipal Act, 2001, S.O 2001 CH 25, herein referred
to as "the Act" provides that the powers of a municipality under this 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 sub-section 8(2) of the Act provides that in the event of ambiguity in whether
or not a municipality has the authority under this or any other Act to pass a by-law or to
take any other action, the ambiguity shall be resolved so as to include, rather than
exclude, powers the municipality had on the day before this Act came into force; and
WHEREAS sub-section 8(3) of the Act provides that a by-law under sections 10 and 11
of the Act respecting a matter may,
(a) regulate or prohibit respecting the matter;
(b) require persons to do things respecting the matter;
(c) provide for a system of licences respecting the matter.
WHEREAS sub-section 8(4) of the Act provides that without limiting the generality of
subsections (1), (2) and (3) and except as otherwise provided, a by-law under the Act
may be general or specific in its application and may differentiate in any way and on any
basis a municipality considers appropriate; and
WHEREAS sub-section 11(2) of the Act provides that a lower-tier municipality may pass
by-laws respecting the following matters
a) Economic, social and environmental well-being of the municipality;
b) Health, safety and well-being of persons;
c) Protection of persons and property, including consumer protection.
WHEREAS the Health Protection and Promotion Act, R.S.O. 1990, c. H.7 authorizes the
Medical Officer of Health to act to prevent the spread of disease; and
WHEREAS standing water provides a breeding environment for mosquitoes that may
carry the West Nile Virus and other mosquito borne diseases and thereby endangers the
health of the inhabitants through the spread of disease;
The Township of Springwater By-law 2014-037
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WHEREAS Section 425 of the Act provides that 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 Council intends that this by-law will permit the Township to take action where
debris and lack of maintenance/care fosters noxious weed growth, broadleaf infestations
or ground cover or other conditions that may create a health hazard;
NOW THEREFORE, the Council of the Corporation of the Township of Springwater
enacts as follows:
1.
Short Title
1.1.
This By-Law may be referred to as "The Clean, Safe Properties By-Law".
2.
Scope
2.1
The requirements set forth in this by-Law are hereby prescribed and
adopted as the minimum requirements for residential properties.
2.2
No person shall allow conditions on a property which pose or constitute an
undue or unreasonable hazard or risk to life, limb or health of any person
on or about a property.
2.3
This by-law does not apply so as to prevent a farm, meeting the definition
of "agricultural operation" under the Farming and Food Production
Protection Act, 1998, S.O. 1998, c.1, from carrying out a normal farm
practice as provided for and defined under that Act.
3.
Interpretations and Definitions
3.1
Terms Defined: Unless otherwise expressly stated, terms shall, for the
purpose of this by-Law, have the meaning indicated in Section 3 of this By-
Law.
3.2
Terms Not Defined: Where terms are not defined under the provisions of
this by-Law, they shall have the meanings ascribed to them their ordinarily
accepted meanings, and such as the context herein may imply.
3.3
"boat" means any vessel which floats on the surface of the water and is
capable of carrying people or material whether motorized or not and
includes but is not limited to pleasure craft, scows, personal water craft,
canoes, row boats, pontoon boats and commercial boats, when on the
water or on land;
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3.4
"exterior property areas" means the property, exclusive of buildings and
accessory buildings, and generally means the yards and gardens;
3.6
"ground cover" means organic or non-organic material applied to prevent
the erosion of the soil, e.g., concrete, flagstone, gravel, asphalt, grass or
other forms of landscaping;
3.7
"long grass" means a grass taller than 25.4 cm (10 inches).
3.8
"Medical Officer of Health" means the Medical Officer of Health for the
Simcoe Muskoka District Health Unit;
3.9
"owner" includes,
(1) the person for the time being managing or receiving the rent of the land
or premises in connection with which the word is used, whether on the
person's own account or as agent or trustee of any other person, or who
would receive the rent if the land and premises were let; and
(2) a lessee or occupant of the property who, under the terms of a lease, is
required to repair and maintain the property in accordance with the
standards for the maintenance and occupancy of property;
3.10
"person" means any human being, association, firm, partnership,
incorporated company, corporation, agent or trustee, and the heirs,
executors or other legal representatives of a person to whom the context
can apply, according to law;
3.11
"property" means a building or structure, or part of a building or structure,
and includes the lands and premises appurtenant thereto and all mobile
structures, mobile buildings, mobile homes, outbuildings, fences, retaining
walls, and erections thereon, whether heretofore or hereafter erected, and
also includes vacant property;
3.12
"salvage yard" includes a scrap yard, junk yard and wrecking yard, whether
or not an active business is carried on therein, or such yard is used for
storage purposes;
3.13
"standing water", means any water which is not continuously in movement
by natural or mechanical means that is found in a Catch Basin, debris or
depression but does not include a Natural Body of Water or water contained
within a municipally owned drain, Catch Basin or stormwater management
facility;
3.14
"Township" shall mean the Corporation of the Township of Springwater;
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3.15
"unsafe condition" means any condition that poses or constitutes an undue
or unreasonable hazard or risk to life, limb or health of any person on or
about the property, or where such condition fosters an environment for the
breeding of inspects known to spread illness or virus as identified by the
Medical Officer of Health for the Simcoe Muskoka District Health Unit.
3.16
"weed - noxious" means, as defined in the Weed Control Act, R.S.O. 1990,
c. W5, as amended.
3.17
"weed - broadleaf" means a weed as identified by the Ministry of
Agriculture Food and Rural Affairs, as may be amended.
4.
Penalty and Offence
4.1.
Exterior property areas, yards, shall be kept free from:
(a)
rubbish, garbage, brush, waste, litter and other debris;
(b)
Noxious, and/or broadleaf weeds in significant volumes or
infestations,
(c)
overgrown hedges and bushes, in relation to their
environment,
(d)
ground cover, such as grass, not longer than 25.4 cm/10
inches,
(e)
dead, decayed, or damaged trees, or other natural growth and
the branches and limbs thereof which creates an unsafe
condition;
(f)
wrecked, dismantled, derelict, inoperative, discarded, unused
or unlicenced vehicles or trailers, except in an establishment
licenced or authorized to conduct and operate such a
business, and then only in an arrangement such as to prevent
an unsafe condition or an unsightly condition and screened
from view from adjacent properties;
(g)
wrecked, dismantled, derelict, inoperative, discarded or
unused boats and any component parts thereof, except in an
establishment licenced or authorized to conduct and operate
such a business, and then only in an arrangement such as to
prevent an unsafe condition or an unsightly condition and
screened from view from adjacent properties;
(h)
machinery or any parts thereof, or other objects or parts
thereof, or accumulations of material or conditions that create
an unsafe condition or an unsightly condition out of character
with the surrounding environment; and
(i)
dilapidated or collapsed structures or erections and any
unprotected well or other unsafe condition or unsightly
condition out of character with the surrounding environment.
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(j)
Standing Water on a Property to accumulate in any debris
unless protected or unless the water is replaced every 4 days;
(k)
Standing Water on a property to accumulate in any
depression;
(l)
Standing Water on a property to accumulate in a Catch Basin
unless the Catch Basin has been effectively treated with a
larvicide;
(m)
a swimming pool, swimming pool cover, hot tub or artificial
pond located on a property to contain Standing Water.
(2)
Suitable ground cover shall be provided to prevent erosion of the soil.
4.2
Failure to maintain exterior property areas, yards, as prescribed in section
4.1 of this By-law is guilty of an offence and upon conviction is liable to a
fine as prescribed under the Provincial Offences Act, R.S.O. 1990, as
amended.
5.
Additional Remedy
5.1
Municipal Law Enforcement Officer (MLEO) appointed under this By-law
may give the owner and/or occupant of any yards, vacant lots, grounds or
buildings who contravenes this By-law, a notice in writing delivered or sent
to the owner and/or occupant by prepaid registered mail to their last known
address directing the said owner and/or occupant to remedy the
contravention within the time stipulated in the notice and notifying them that
in default of compliance with the notice, the Township shall perform the work
at the owner's and/or occupant's expense;
5.2
The owner or occupant of any yards, vacant lots, grounds or buildings who
contravenes this By-law, may be subject to a User Fee or Charge as may
be established by Council from time to time to offset the costs associated
with the administration and enforcement of this By-law and shall upon
demand pay such fee or charge to the Township. If an owner or occupant
fails to pay the fee or charge to the Township within a period of 90 days
from the date of such notice or invoice, such fee or charge, or outstanding
portion thereof, may be added to the tax roll for the subject property and be
collected in like manner as municipal taxes.
5.3
In the event that the owner and/or occupant fails to comply with the
directions in the notice set out in section 5.1, the Township may do or cause
to be done the work so specified and the cost thereof may be recovered
from the said owner and/or occupant by court action or the same may be
recovered in like manner as municipal taxes;
5.4
In the event that the presence of material presents, in the opinion of
Municipal Law Enforcement Officer (MLEO), an unsafe, hazardous or
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dangerous condition or to present a danger to public health, the notice
referred to in paragraph 5.1 may be dispensed with.
6.
Administration and Enforcement
6.1
A person appointed by the Township of Springwater as Municipal Law
Enforcement Officer (MLEO) is authorized to enforce this by-law, and the
MLEO shall use their discretion in determining the application of the By-law
upon a property.
6.2
No person shall hinder or obstruct an MLEO in the enforcement of this By-
law.
6.3.
Owners and occupants of property shall comply with the requirements
prescribed in this By-law, and shall comply with an order issued under this
By-law requiring compliance.
6.4.
After inspecting a property, where a Municipal Law Enforcement Officer
(MLEO) is of the opinion that the property is in compliance with this By-law,
the MLEO may issue a letter of compliance to the owner.
6.5
Every person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine as provided for in the
Provincial Offences Act, R.S.O, 1990, c. p.
6.6
The Township of Springwater owned properties or properties leased by the
Township shall be exempt from the provisions of this By-law.
7.
Power of Entry
7.1
In accordance with section 436(1) of the Municipal Act, 2001, a Municipal
Law Enforcement Officer (MLEO) may enter upon land at any reasonable
time for the purpose of carrying out an inspection to determine whether or
not the provisions of this By-law are being complied with.
8.
Severability
8.1
If a court of competent jurisdiction declares any section or part of this by-
law invalid, it is the intention of Council that the remainder of the By-law
shall continue in force.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 25th day of
August, 2014.
The Township of Springwater By-law 2014-037
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(Original Signed By)
_____________________________________
Linda Collins, Mayor
(Original Signed By)
_____________________________________
John Daly, Clerk