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CORPORATION OF TOWNSHIP OF STRATHROY-CARADOC
BY-LAW NO. 60-06
A BY-LAW TO PROHIBIT REFUSE AND DEBRIS ON PRIVATE PROPERTY
WITHIN THE TOWNSHIP OF STRATHROY-CARADOC
WHEREAS Section 127 of the Municipal Act, S.O. 2001, c.25, provides that a
municipality may pass by-laws to 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; and further to regulate when and how matters
required under this section shall be done; and to define ‘refuse’ for the purpose of
the by-law;
AND WHEREAS Section 128 of the Municipal Act, S.O. 2001, c.25, provides that
a municipality may 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 130 of the Municipal Act, S.O. 2001, c.25, provides that
a municipality may pass by-laws to regulate matters not specifically provided for
by the Municipal Act (2001) or any other act for purposes related to the health,
safety and well-being of the inhabitants or the municipality;
AND WHEREAS Section 427 (1) of the Municipal Act, $.O. 2001, c.25, provides
a municipality with the authority to direct or require that a matter or thing be done,
the municipality may, in the same or another by-law direct that, in default of it
being done by the person directed or required to do it, such matter or thing shall
be done at the person's expense;
AND WHEREAS Section 427 (2) of the Municipal Act, S.O. 2001, c.25, provides
that for the purposes of Subsection 427 (1), the municipality may enter upon land
and into structures at any reasonable time;
AND WHEREAS Section 427 (3) of the Municipal Act, S.O. 2001, c.25, provides
that the municipality may recover the costs of doing a thing or matter under
Subsection 427 (1) from the person directed or required to do it and the
municipality may recover the costs by action or by adding the costs to the tax roll
and collecting them in the same manner as taxes;
AND WHEREAS the Council of the Corporation of the Township of Strathroy-
Caradoc deems it necessary to ensure all property within the Township are kept
in a clean and tidy manner, free of hazards and nuisances;
NOW THEREFORE BE IT ENACTED BY THE COUNCIL OF THE
CORPORATION OF THE TOWNSHIP OF STRATHROY-CARADOC AS
FOLLOWS:
Short Title
(1)
This by-law may be referred to as the “Untidy Yards By-law”
Definitions
(1)
(6)
(7)
(8)
(9)
“Agricultural Operation” shall mean an agricultural, aquacultural,
horticultural or silvicultural operation that is carried on in the
expectation of gain or reward.
“Compost” shall mean contained or open composting of discarded
organic material including plant material such as leaves, grass
clippings, and kitchen waste, but does not include animal matter.
“Council” shall mean the Council of the Corporation of the
Township of Strathroy-Caradoc.
“Debris” shall mean refuse as defined within this by-law.
“Ground Cover’ shall mean organic or non-organic material that
prevents soil or sand erosion such as concrete, flagstone, gravel,
asphalt, grass or other landscaping.
“Good Repair’ shall mean maintained in such a condition so as to
be free from accident or fire hazard, structurally sound, in good
working order, and not unsightly by reason of deterioration, damage
or defacement.
“Irrigation Pond” shall mean a pond or excavation created and
maintained by man and which contains water, the use of which, is
for the controlled application of water to land associated with an
agricultural operation.
“Long Grass” shall mean grass, weeds, or organic growth of any
kind exceeding twenty (20) centimetres in height or length, but for
the purposes of this by-law, shall not include organic growth
intended for horticultural, ornamental or agricultural purposes, or
organic growth that is considered a native species which is
documented as a part of a prairie or savannah habitat.
“Motor Vehicle” shall mean an automobile, motorcycle, motor
assisted bicycle, recreational vehicle, boat, watercraft, motorized
snow vehicle, all-terrain vehicle and any other vehicle propelled or
driven otherwise than by muscular power.”
(10)
(11)
(12)
(13)
(14)
(15)
(16)
“Municipal Law Enforcement Officer” shall mean a person
appointed by the Council of the Corporation of the Township of
Strathroy-Caradoc for the purposes of enforcing the Township's by-
laws and for the purposes of this by-law shall include the Strathroy-
Caradoc Police Service or any other police agency.
“Natural Body of Water” shall mean a creek, stream, bog, marsh,
river, pond or lake created or maintained by the forces of nature
and which contains water, but does not include artificial or man-
made ponds.
“Negative impact” shall mean one or more of:
a) harm or material discomfort to any person;
b) an adverse effect on the health of any person;
Cc) impairment of the safety of any person;
d) loss of enjoyment of normal use of property; or
e) interference with the normal conduct of business.
“Notice” shall mean a notice as per Schedule ‘A’ of this by-law.
“Noxious Weeds” shall mean noxious weeds as defined by the
Weed Control Act, R.S.O. 1990, c.W.5 or its successor.
“Owner” shall mean the person who holds legal title of a property
and includes the person for the time being managing or receiving
the rent of the land or premises, whether on the person’s own
account or as agent or trustee of any other person or who would so
receive the rent if such land and premises were let, and shall also
include the 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 of maintenance and occupancy for
the property.
“Parking Lot” shall mean a lot used or intended for the temporary
parking of two (2) or more motor vehicles and may include aisles,
parking spaces and related entrances and exit lanes, but shall not
include any part of a road.
“Person” shall mean any individual, company, corporation,
partnership, firm, trust, sole proprietorship, government or
government agency, authority or entity, however constituted, joint
(23)
venture, syndicate or any other legal entity, and includes all
successors, assigns or other legal representatives of any such
entities.
“Property” shall mean a building or structure, or part of a building or
structure and includes the lands and premises appurtenant thereto
and all mobile homes, mobile buildings, mobile structures,
outbuildings, fences and erections thereon whether heretofore or
hereafter erected and includes vacant property.
“Receptacles” shall mean a closed container which prevents the
escape of odours and the access of animals, except with regard to
recyclables.
“Refuse” includes any unused or discarded material, thing or
substance and, without limiting the generality of the foregoing, shall
include debris, rubbish, junk, litter, discarded paper or paper
products, unused or discarded materials of any kind, appliances,
devices, apparatus, machinery, furniture, discarded clothing,
construction materials, concrete, flagstone, gravel, asphalt, tires,
unused motor vehicles, vehicles without license plates, objects or
conditions that may create fire, health or safety hazards, dead
animals, old or decayed lumber, decayed trees, discarded trees,
parts of trees and leaves or discarded organic materials that are not
part of a compost.
“Structure” means anything constructed or erected, the use of
which requires location on or in the ground, or attached to
something located on or in the ground, but does not include the
permanent way of a railway or any paved surface located directly
on the ground.
“Unsafe Condition” shall mean a condition that poses or constitutes
an undue or unreasonable hazard or risk to life, limb, or health of
any person on or about a property, and includes a structurally
unsound condition.
“Vehicle” shall mean a conveyance that transports people or
objects and includes a motor vehicle, trailer, farm tractor, self-
propelled implement of husbandry or construction, bicycle, and any
vehicle drawn, propelled or driven by any kind of power, including
muscular power.
“Wrecked or dismantled” shall mean, for the purposes of this by-
law, a vehicle, which is in disrepair, or which has missing parts,
including tires, or damaged or missing glass, or deteriorated or
(26)
removed metal adjunctions unless the motor vehicle is able to start
and is capable of moving under its own power.
“Yard” shall mean an area of land which is appurtenant to, and
located on the same lot as a building, structure or excavation and is
open uncovered and unoccupied from the ground to the sky, except
for such accessory buildings, structures or other uses as are
specifically permitted thereon in the Zoning By-law.
“Zoning By-law” shall mean the any Zoning By-law currently in force
in the Township of Strathroy-Caradoc.
Application and Scope
(1)
(2)
(3)
The provisions of this by-law shall apply to all property located in
the Township of Strathroy-Caradoc
Where a provision of this by-law conflicts with a provision of
another by-law in force in the Township, the provision that
establishes the higher standard shall prevail in order to protect the
health, safety and welfare of the general public.
Nothing in this by-law serves to prohibit a normal farm practice
carried on as a part of an agricultural operation as per the Farming
and Food Production Protection Act, 1998, S.O. 1998, c. 1.
General Provisions
(1)
(3)
Every owner or occupant shall ensure that all repairs and
maintenance of property required by the standards prescribed by
this by-law and schedules thereto shall be carried out in a manner
accepted as good workmanship in the trades concerned and with
materials suitable and sufficient for the purposes.
Every owner or occupant shall maintain their property in
conformance with the minimum standards as set out in this by-law.
Every owner or occupant shall ensure that all properties shall be
free from:
a) objects or conditions such as holes, pits, excavations and
trenches, that might create a fire, health or safety hazard
unless otherwise legally permitted;
b) debris;
(4)
(5)
(6)
f)
structures, fences, and retaining walls, not in good repair;
the storage or accumulation of commercial, industrial,
agricultural, institutional or domestic materials, lumber and
other building materials except if neatly piled and arranged
and provided said storage:
i) is authorized and consistent with the terms of a
development agreement if applicable; and
ii) is permitted and in compliance with the Zoning By-
law; or
iii) is short term storage of lumber or other building
materials which are to be used for construction or
renovation purposes on that property;
trees, shrubs, vegetation and the branches, limbs and parts
thereof which create an unsafe condition due to decay,
disease, or being damaged, or which create a nuisance
condition;
dilapidated, collapsed, or unfinished structures.
Every owner or occupant shall ensure that all yards and all vacant
property shall be free from long grass and noxious weeds.
Yards shall be graded, cultivated or protected with a suitable
ground cover so as:
a)
b)
Cc)
d)
to prevent excessive or recurrent ponding of stormwater;
to prevent instability or erosion of soil;
to prevent the entrance of water into a basement; or
not to create an unsightly appearance or an unsafe
condition.
All parking lots, exterior steps, walks, loading docks, ramps and
similar areas of a yard shall be maintained in good repair and free
from hazard to any person under normal use and weather
conditions, day or night.
Pools & Ponds
(1)
(2)
The water in any privately owned swimming pool, hot tub, wading
pool or artificial or man made pond shall remain in a sanitary
condition, free from obnoxious odours and conditions that create a
breeding pond for insects and have a negative impact on
neighbouring properties.
Subsection 5(1) does not apply to natural bodies of water or
irrigation ponds.
Abandoned Wells, Cisterns and Other Fixtures or Excavations
(1)
Signs
(2)
All owners and occupants of properties containing an abandoned
well, cistern, cesspool, privy vault, pit or excavation shall
permanently seal, or secure each of them by fence or cover, unless
they are in active use, in which event they shall be secured by
fencing with warning signs until they have ceased use, whereupon
they shall be sealed, fenced, covered, as required above.
Every sign on a property and any structure supporting the same
shall be installed and maintained:
a) in a safe and structurally sound condition;
b) in good repair and without any visible deterioration; and,
Cc) in compliance with the Zoning By-law.
A sign that is unused, not cared for or discarded shail, along with its
supporting members be removed.
Refuse Storage and Disposal
(1)
(2)
Nothing in this section serves to limit, prohibit, or prevent the
handling of refuse in accordance with the terms of a development
agreement or the provisions of the Township Waste Management
By-law or its successor.
Every owner or occupant shall comply with the terms of any
development agreement regarding the storage, handling and
removal of refuse.
10.
(3)
Every owner or occupant shall ensure that all refuse is promptly
stored in receptacles.
(4) Without limiting, and in addition to, the generality of subsection 8(1)
of this by-law, every owner or occupant shall ensure that the
storage of refuse complies with the following:
a) regular collection and disposal as provided by the Township
or sufficient collection by a private collection agency is used
to ensure no negative impact;
b) the storage and place for disposal shall be maintained at all
times in a litter free condition and in a manner that will not
attract pests or create a health or safety hazard due to the
nature of the storage or through deterioration, wind or
misuse of the storage facility; and,
C) refuse and recyclables shall not be stored in any manner so
as to cause a negative impact on neighbouring properties.
(5) | Every owner or occupant shall ensure that where an exterior bulk or
roll-off container disposal system is used, it shall:
a) be equipped with covers or similar devices which shall be
readily operable but not left open except when actively being
loaded or unloaded; and,
b) not be loaded beyond the top of the container.
Compost
(1) | No person shall create or maintain a composting pile or container
greater than two (2) cubic metres in size.
(2) | No person shail create or maintain a composting pile or container
that causes a negative impact on neighbouring properties.
Vehicles and Motor Vehicles
(1)
(2)
Every owner or occupant shall ensure that the storage of any
vehicle or motor vehicle conforms to all standards and
requirements of any by-law or legislation, including the Zoning By-
law.
Except as otherwise permitted by the Zoning By-law, no owner or
occupant shall cause or permit their yard to be used for the storage
11.
(3)
of any vehicle or motor vehicle which is in a wrecked or dismantled
condition or has had its source of motive power removed unless:
a) the vehicle or motor vehicle is being actively repaired or
restored for personal use; or
b) the vehicle or motor vehicle and parts are kept in an
enclosed building.
Notwithstanding Subsection 10(2), no owner or occupant shall
cause or permit more than two (2) such motor vehicles to be kept
on the subject property.
Enforcement
(1)
(2)
(3)
(5)
(6)
(7)
(8)
This by-law shall be enforced by a Municipal Law Enforcement
Officer.
A Municipal Law Enforcement Officer may enter upon land or
property at any reasonable time for the purposes of inspection.
Where any property is not maintained in compliance with the
provisions of this by-law, a Municipal Law Enforcement Officer shall
give notice to the owner, in writing, directing that the property be
brought into compliance with the requirements of this by-law within
forty-eight (48) hours from the date of notice, save and except that
which constitutes a safety, health or fire hazard.
A Municipal Law Enforcement Officer shall determine what
constitutes a health, fire or safety hazard.
Notwithstanding Subsection 11(3) an alternative time period to
bring a property into compliance may be permitted in consultation
with a Municipal Law Enforcement Officer. Any revised time period
must be recorded in writing.
Notice shall be in the form of Schedule ‘A’ to this by-law.
A copy of said notice shall be delivered by registered first-class mail
to the last known address as shown on the last revised assessment
rolls of the Township and hand-delivered to the property in
violation.
If a Municipal Law Enforcement Officer determines that the violation
may cause an immediate health, fire or safety hazard, the Municipal
12.
13.
14,
Law Enforcement Officer may compel that said hazard be removed
forthwith without the notice as described in Subsection 11(3).
Bio-security Procedures
(1)
(2)
With regard to inspection being conducted on agricultural lands
where bio-security measures are in effect and the lands are posted
as such, Municipal Law Enforcement Officers shall follow accepted
provincial guidelines for conducting inspections on lands with active
livestock operations.
All such inspections as described in Subsection 12(1) of this by-law
will be conducted as the last scheduled inspection of the working
day and only one such inspection will be conducted per working
day.
(3) All such inspections as described in Subsection 12(1) of this by-law
shall be conducted in the company of the owner / operator of the
livestock operation or their designate.
Penalty
(1) Every person who contravenes this by-law is guilty of an offence
and upon conviction is liable to a fine or penalty as provided for in
the Provincial Offences Act, R.S.O. 1990, c.P. 33.
(2) In addition to the foregoing penalty, failure to comply with the
provisions of this by-law may result in the municipality undertaking
to complete the work and any costs associated with the work shall
be billed to the registered property owner in a like manner as taxes.
(3) In the case of a health, fire or safety hazard, where a Municipal Law
(4)
Enforcement Officer has been compelled to remove said hazard
without notice, as described in Subsection 11(7), the work and any
costs associated with the work shall be billed to the registered
property owner in a like manner as taxes.
In addition to the foregoing penalties, where a vehicle has been
removed, impounded, restrained or immobilized according to
Section 170(15) of the Highway Traffic Act, R.S.O. 1990, as
amended, in violation of this by-law, all costs associated with the
removal, impoundment, restraining or immobilization will be the
responsibility of the registered owner of the vehicle.
Severability
15.
16.
(1) In the event that any of the provisions of this by-law are deemed
ultra vires by any Court of competent jurisdiction, the remaining
terms and provisions shall remain in full force and effect.
Repeal
(1) By-law 25-06 of the Township of Strathroy-Caradoc is hereby
repealed.
(2) Any by-laws inconsistent with the provisions of this by-law are
hereby repealed.
Effective Date
(1) This by-law shall come into full force and effect upon the approval
of Schedule “B” of this by-law, by the Ontario Ministry of the
Attorney-General.
Read a FIRST, SECOND AND THIRD TIME AND FINALLY PASSED IN OPEN
COUNGIL this 8'" day of August 2006.
Mayor
Clerk
CORPORATION OF THE TOWNSHIP OF STRATHROY-CARADOC
BY-LAW NO. 60-06
SCHEDULE “A”
NOTICE OF VIOLATION
TOWNSHIP OF STRATHROY-CARADOC
UNTIDY YARDS BY-LAW 60-06
Issued to:
Issued by:
Date:
Affected Property:
Be advised that on **Date of inspection** an inspection of your property, as noted
above, revealed certain violations of the Township's Untidy Yards By-law No. 60-06.
Schedule “A”, attached, sets out the work required to remedy such violation and to bring
the property into compliance with the by-law.
Be advised that if remedial work is not completed to bring your property into compliance
within forty-eight (48) hours, or an alternative time period to be determined in
consultation with the Municipal Law Enforcement Officer, you will be issued a finé under
the Provincial Offences Act, R.S.O. 1990, c.P. 33, which you may contest in provincial
court. If found guilty, and the remedial work is not completed within a period of time to
be determined in consultation with the Municipal Law Enforcement Officer, the Township
may complete the required works and any costs associated with the works shall be billed
to you in a like manner as taxes.
An additional inspection of this property will take place on or about **Date** to ascertain
compliance.
Should you wish to discuss any of the above matters, please contact the undersigned at
519-245-1070, during normal business hours.
Municipal Law Enforcement Officer
Bylaw No. 60-06
A Bylaw to prohibit refuse and debris on private property within the
Township of Strathroy-Caradoc
SCHEDULE “A”: DETAILS OF VIOLATION
Defining Offence of | Description of Offence Remedial Work Required
By-law No. 60-06
CORPORATION OF THE TOWNSHIP OF STRATHROY-CARADOC
BY-LAW NO. 60-06
A Bylaw to prohibit refuse and debris on private property within the
Township of Strathroy-Caradoc
SCHEDULE “B”
Part | Provincial Offences Act
ITEM | COLUMN 1 COLUMN 2 COLUMN 3
Short Form Wording Defining Offence | Set Fine
1 Failure to keep property free | 4(3)(a) $100
from hazards / nuisances
2 Failure to keep property free | 4(3)(b) $100
from debris
3 Failure to maintain structures, | 4(3)(c) $100
fences and retaining walls
4 Failure to properly store 4(3)(d) $100
building and construction
materials
5 Failure to maintain vegetation | 4(3)(e) $100
in safe condition
6 Failure to remove dilapidated, | 4(3)(f) $100
collapsed, or unfinished
structures
7 Failure to maintain grass and | 4(4) $100
remove weeds
8 Failure to maintain suitable 4(5) $100
ground cover
9 Failure to maintain parking lot | 4(6) $100
10 Failure to maintain pool or 5(1) $100
pond
11 Failure to cover / fence a well | 6(1) $100
or cistern
CORPORATION OF THE TOWNSHIP OF STRATHROY-CARADOC
BY-LAW NO. 60-06
A Bylaw to prohibit refuse and debris on private property within the
Township of Strathroy-Caradoc
SCHEDULE “B”
Part | Provincial Offences Act
12 Failure to maintain a signin | 7(1) $100
good repair
13 Failure to remove an unused _ | 7(2) $100
sign
14 Failure to store refuse in a 8(3) $100
receptacle
15 Failure to properly maintain a | 8(4) $100
refuse storage area
16 Failure to maintain an exterior | 8(5) $100
bulk container system
17 Permit compost pile over 2 9(1) $100
cubic metres
18 Failure to maintain compost 9(2) $100
pile
19 Permit storage of a wrecked | 10(2) $100
or dismantled vehicle
20 Permit storage of 2 or more 10(3) $100
wrecked vehicle
“NOTE: THE GENERAL PENALTY PROVISION FOR THE OFFENCES LISTED
ABOVE IS SECTION 13 OF BYLAW 60-06, A CERTIFIED COPY OF WHICH HAS
BEEN FILED”,