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Memorandum
Corporate By-law Number BL 93/2022
TO:
Office of the City Clerk
FILE:
FROM:
Doug Vincent
Development & Emergency Services - Licensing & Enforcement
DATE:
08/16/2022
SUBJECT:
BL 93/2022 - Clean & Clear Yards
MEETING DATE:
City Council - 09/12/2022 (mm/dd/yyyy)
By-law Description: A By-law authorizing the City of Thunder Bay to require Owners
and Occupants of Land to clean and clear the Land, and to provide authority to
authorize work to be undertaken by the City on the Land in certain circumstances and to
repeal By-law 68-2008.
Authorization: Report R 106/2022 (Development & Emergency Services/Licensing &
Enforcement) - Commmittee of the Whole - July 25, 2022 and Memoradum from Doug
Vincent relative to Referral of Report R 106/2022 (Development & Emergency
Services/Licensing & Enforcement) Committee of the Whole August 22, 2022
By-law Explanation: The purpose of this By-law is to ensure the maintenance of lands
in a clean manner and clear of waste, litter, overgrowth, hazards and other unauthorized
items and to provide authority to authorize work to be undertaken in certain
circumstances.
Schedules and Attachments:
Schedule "A" - Prohibited Local Plants
Amended/Repealed By-law Number(s):
THE CORPORATION OF THE CITY OF THUNDER BAY
BY-LAW NUMBER BL 93/2022
A By-law authorizing the City of Thunder Bay to require
Owners and Occupants of Land to clean and clear the
Land, and to provide authority to authorize work to be
undertaken by the City on the Land in certain
circumstances and to repeal By-law 68-2008.
Recitals:
1.
On June 9, 2008 City Council approved By-law 68-2008, being a by-law
authorizing the City of Thunder Bay to require Owners and Occupants of Land to clean
and clear the Land, and to provide authority to the General Manager to authorize work
to be undertaken by the City on the Land in certain circumstances.
2.
Section 10 (2) (6) of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may pass by-laws respecting the health, safety and well-being
of persons;
3.
Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides
that a municipality may require the owner or occupant of property to clean and clear the
property, not including buildings, or to clear refuse or debris from the property, not
including buildings;
4.
Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides
that 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;
5.
Section 131 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides
that a local municipality may prohibit and regulate the use of any property 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;
6.
Section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides
that, where a municipality has the authority to direct or require a person to do a matter or
thing, the municipality may also provide 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;
7.
It is now deemed appropriate to repeal and replace By-law 68-2008
ACCORDINGLY, THE COUNCIL OF THE CORPORATION OF THE CITY OF
THUNDER BAY ENACTS AS FOLLOWS:
1. SHORT TITLE
That this By-law may be cited as the "Clean & Clear Yards By-law."
2. SCOPE OF THIS BY-LAW
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By-Law No. BL 93/2022
That this By-law shall apply to all land within the geographic boundaries of the
Corporation of the City of Thunder Bay, including residential, non-residential and
vacant land, except those lands owned or controlled by the City that are not otherwise
then leased or under control of another person(s) or party.
3. DEFINITIONS
In this By-law,
a) "City" means the Corporation of the City of Thunder Bay;
b) "Hazard" means a source or a situation with the potential for harm in terms of
human injury or ill-health, damage to property, damage to the environment, risk of
fire or a combination of these and includes unsafe containers with a closing or
locking mechanism such that something or someone inside could be trapped and
unable to be released without external assistance;
c) "Highway" includes a common and public highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle under the jurisdiction of the City,
any part of which is intended for or used by the general public for the passage of
vehicles and includes the area between the lateral property lines thereof;
d) "Inoperative vehicle" means any vehicle, motor vehicle, vessel, trailer or camping
trailer which, that appears by reason of its appearance, mechanical, functional or
structural condition not to be operative and includes those vehicles that require a
valid license plate be displayed to operate on a highway and have in existence
proof of a valid and current registration, pursuant to the provisions of the Highway
Traffic Act and amendments thereto, regardless of whether it is required at the time
of inspection, and includes all vehicles or vessels that are wrecked, discarded,
dismantled or abandoned, or a vehicle or vessel which has had part or all of its
superstructure or motor power removed;
e) "Land" includes a yard or vacant lot;
f) "Motor vehicle" includes an automobile, motorcycle, snowmobile, off-road vehicle
and any other vehicle or equipment propelled or driven otherwise than by muscular
power;
g) "Municipal Act 2001" means the Municipal Act, 2001 S.O. 2001, c. 25, as
amended.
h) "Manager" means the Manager of Licensing and Enforcement, including
designated persons to act on behalf of the manager;
i) "Natural Garden Area" means a yard, or any portion thereof, containing
vegetative growth deliberately implemented to produce ground cover, including
one or more species of wildflowers, shrubs, perennials, grasses or combinations
of them, whether native or non-native consistent with a managed and natural
landscape, other than Turfgrass;
j) "Nuisance Litter" means any condition, including waste material, that is found or
stored upon lands, that is likely to create an immediate hazard or nuisance to
other persons or lands by entrapment, odour or by attracting animal/vermin;
including natural or intentional accumulations of fruit, vegetables and other
discarded materials, including compost, not kept in accordance with this By-law,
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By-Law No. BL 93/2022
or other waste materials that migrate from the owners' lands onto other
surrounding lands including public lands, by any reason including wind or other
environmental factors;
k) "Officer" means a Municipal Law Enforcement Officer for the City or a police officer;
l) "Order" means an order to compete required work or to stop work from continuing,
that is issued under this By-law;
m) "Owner" means any person, firm, or corporation having control over all or any
portion of the property under consideration and includes the persons present at
the property;
n) "Public land" means any land under the ownership, management or jurisdiction of
the City or a provincial or federal government authority;
o) "Turfgrass" means ground cover of various perennial grasses grown for lawns, of
a type that forms a dense, uniform turf if mown;
p) "Vacant land" means a lot that does not have a structure situated on it and/or does
not contain an established principal use;
q) "Waste material" includes refuse, garbage, debris, litter, domestic waste, industrial
waste of any kind whatsoever and, without limiting the generality of the foregoing,
includes:
(i)
weighty or bulky items such as appliances or furniture;
(ii)
vehicles, vessels, other motor-powered equipment and any parts thereof
which, in its present state, appears discarded, inoperative, wrecked,
partially or wholly dismantled, or not immediately available for the use it was
originally manufactured for;
(iii)
broken concrete, patio stones, bricks or pallets;
(iv)
unused building material or material resulting from construction or
demolition;
(v)
yard waste, brush, fallen trees or tree limbs and branches except where
integrated into a planned Naturalized Garden Area that does not otherwise
create a nuisance litter or other hazard condition;
(vi)
animal and human feces;
(vii)
unused tire or accumulations of unused tires;
(viii)
unused or derelict lawnmowers, lawn tractors or similar mechanical devices
and mechanical or electrical parts;
(ix)
any discarded item that is not specifically designed for outdoor use or
storage.
r) "Yard" means any open space on the same lot with a main building or structure,
unoccupied and unobstructed from the ground to the sky.
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By-Law No. BL 93/2022
4. MAINTENANCE OF LAND
4.1
Every owner of land shall keep the land clean and cleared of waste material at all
time.
4.2
Subsection 4.1 does not apply to lands where construction or demolition work is
actively proceeding under a building permit issued by the City and the waste
materials are a direct result of those approved works, provided the waste material
is contained to those portions of land reasonably necessary to support the active
work currently being undertaken.
4.3
No person or Owner shall place or store, or permit to be placed or stored, any
objects or material of any kind whatsoever, on vacant land within areas of the City
that are zoned for residential purposes, except where expressly permitted,
pursuant to City's applicable Zoning By-law and in accordance with any other
applicable legislation.
4.4
Outdoor storage, when authorized by subsection 4.3 above, shall only be permitted
in twenty-five percent (25%) of the rear-yard and/or side-yard(s) and must be
neatly arranged or stored and in a manner that contains litter, does not attract
vermin and is not degraded by exposure to the elements that could affect future
use of the stored item, for its' original purpose.
4.5
No Owner shall fail to keep land clean and clear of waste material or store items
contrary to this By-law.
4.6
No Owner shall cause or permit any nuisance litter to arise from the use of land.
4.7
Notwithstanding subsection 4.3 and 4.4 above, composting may occur when it is
neatly contained in a purpose built or manufactured container and screened from
view of adjoining lands, does not create offensive odours, attract vermin or other
animals.
5. LITTERING AND DUMPING
5.1
No person shall throw, place, deposit or dump or permit or cause to be permitted,
the throwing, placing, depositing or dumping of waste material on private land or
public land.
5.2
Notwithstanding the above, nothing in this by-law shall be deemed to interfere with
the filling or raising of land with earth or rock fill or with the disposal of waste on
any lands which have been designated for that purpose by a by-law of the City,
and in compliance with any other applicable legislation.
6. MAXIMUM GROWTH
6.1
No Owner shall permit the growth of Turfgrass on private land to exceed twenty
(20) centimeters in height and shall cut the Turfgrass on their land whenever the
growth of Turfgrass exceeds 20 centimeters in height or length.
6.2
Subsection 6.1 of this by-law does not apply to Land exceeding two and forty-
three one hundredths hectares (2.43 ha) or six acres (6a) in size.
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By-Law No. BL 93/2022
7. MAINTENANCE OF VEGETATIVE GROWTH
7.1 The Owner of private land shall maintain all vegetative growth on their land according
to the following requirements:
a) Private land shall be kept free of any prohibited local plant listed in Schedule A;
b) Vegetative growth on private land shall not obstruct sidewalks or roadways;
c) Vegetative growth on private land shall not restrict driver and pedestrian sight lines
at intersections, driveways, sidewalks, walkways, or visibility to all traffic control
devices; and
d) Vegetative growth, which is not cultivated and maintained as part of a Natural
Garden Area, shall be controlled so as to prevent a nuisance or hazard to develop
or be created;
e) Any other conditions respecting health and safety as the Manager considers
advisable.
8. INOPERATIVE MOTOR VEHICLE STORAGE/END DATE JULY 1, 2025
8.1
No person or Owner shall permit the outdoor storage of more than one (1)
inoperative motor vehicle on private land that is zoned and used for residential
purposes.
8.2
It is a condition of storage of an inoperative vehicle permitted in subsection 8.1,
that it be fully and completely covered with a weather-resistant canvas or similar
opaque cover, specifically designed to properly fit and cover the vehicles or
vessels, and that the cover is maintained from deterioration and secured from
flapping in a windy environment that creates a noise nuisance.
8.3
Notwithstanding the above, subsection 8.1 shall not apply to the storage of motor
vehicles and parts which are reasonably necessary for the conduct of a bona fide
business lawfully conducted on the property.
8.4
Notwithstanding the above, subsection 8.2 and the requirements to completely
cover an inoperative vehicle or vessel with a cover that is specifically designed to
properly fit and cover the vehicles or vessels, such requirement for a specifically
designed cover shall come into effect at a date one year after the date of passing
of this By-law.
8.5
Notwithstanding subsection 8.1 above, no Owner shall permit the outdoor storage
of any inoperative vehicle on any private land that is zoned for residential purposes
after July 1, 2025, except under the authority of a short-term storage permit that
will be enabled at that time.
9. GRADING AND FILLING OF LAND, HAZARDS
9.1
All lands shall be graded, filled up or otherwise drained so as to prevent recurrent
pooling of storm water.
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By-Law No. BL 93/2022
9.2
No Owner shall permit or allow any holes, pits, excavations, or trenches
constituting a health, fire or safety hazard upon such land.
9.3
Every Owner of property shall prevent, correct, or remedy any conditions found
thereon that could reasonably create a health, safety, or fire hazard to any persons
who may enter that land or any users of adjacent City lands or highways.
9.4
Notwithstanding the above subsection 9.1, this requirement does not relieve the
Owner from first obtaining any other regulatory approvals or complying with any
other government legislation in fulfilling the section's requirements.
10. WORK ORDER
10.1 Where the Officer has reasonable grounds to believe that a contravention of this
By-law has occurred, the Officer may make an Order requiring the person who
contravened this By-law to do work to correct the contravention.
10.2 An Order under subsection 10.1 of this by-law shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention
and the location of the land on which the contravention occurred; and
b) the work or remedial action required to be done and the date by which the work or
remedial action must be done.
10.3 An Order under subsection 10.1 of this by-law may require work or remedial action
to be done even though the facts which constitute the contravention of this by-law
were present before this by-law came into force.
10.4 Any person who fails to comply with an Order issued under subsection 10.1 of this
by-law, is guilty of an offence.
11. STOP WORK ORDER
11.1 Where the Officer has reasonable grounds to believe that a contravention of this
by-law has occurred, the Officer may make an Order requiring the person who
contravened this by-law to do work to discontinue the contravening activity.
11.2 An Order under subsection 11.1 of this By-law shall set out:
a) reasonable particulars of the contravention adequate to identify the contravention
and the location of the land on which the contravention occurred; and
b) the date by which there must be compliance with the order.
11.3 Any person who fails to comply with a stop work Order issued under subsection
11.1 of this By-law is guilty of an offence.
12. SERVICE OF ORDER
12.1 An Order may be delivered in person to an Owner, at the address of lands that are
subject of the order or left with an inmate therein that is over that apparent age of
eighteen years, or
12.2 An Order may be sent via e-mail or text to an e-mail address or phone number that
has been supplied for a communication purpose and will be deemed served only
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By-Law No. BL 93/2022
when such e-mail or text is acknowledged as being received and is not an auto-
reply, or
12.3 An Order may be sent via registered mail to the last known address supplied to the
City's tax office and shall be deemed to be delivered on the fifth (5th) day after the
date mailed, or
12.4 An Order may be posted in a conspicuous place on the property or placed in any
open mail receptacle in proximity to the main entrance and shall be deemed to be
delivered on the seventh (7th) day after being affixed/deposited.
12.5 It is an offence for any person other than the Owner to remove, tear down, or
interfere with any Notice or Order posted on the property.
13. WHERE ORDER TO FOLLOW COMPLIANCE ACTION
13.1 Where the condition of Land is such that it does, or is likely to, constitute a safety
hazard to the public and/or a health hazard from nuisance litter or waste materials,
the Officer may institute remedial actions, without first giving an order, and may
pursue cost recovery in the same manner as if an order been issued in advance
and not complied with.
13.2 Where remedial actions are carried out prior to an order being issued; the Officer
shall at the earliest reasonable opportunity, issue and serve the order to the owner
of property.
14. INSPECTIONS / ENTRY POWER
14.1 An Officer, in accordance with the powers of entry set out in subsection 435(1) and
436(1) of the Municipal Act 2001, may enter onto land at any reasonable time for
the purpose of carrying out an inspection to determine whether or not compliance
exists for:
a) any requirements of this by-law and/or the conditions of any permit issued
thereunder;
b) any direction or order issued by the municipality, under this By-law;
c) any court order issued pursuant to subsection 431 of the Municipal Act 2001
14.2 An Officer conducting an inspection authorized in subsection 14.1, for the
purposes of that inspection, may do the following:
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
purposes of making copies or extracts;
c) require information from any person concerning a matter related to the inspection;
and
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.
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By-Law No. BL 93/2022
15. OBSTRUCTION PROHIBITED
15.1 No person, including the Owner, shall impede, interfere, or obstruct an Officer in
the execution of their duties and the inspection of property required under
subsection 14, by doing any act or refusing an Officer direction, including any
request for access to enter and inspect any property or structure thereon, except
those actual areas used as a dwelling unit.
15.2 No person, including the Owner, shall obstruct an Officer by providing any false or
misleading information.
15.3 It is an Offence for any person to obstruct an Officer in the discharge of their duties.
16. PENALTIES
16.1 Any person who fails to comply with any requirement of this By-law is guilty of an
offence, and shall upon conviction be liable to a penalty as set out in section 61
of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended from time to
time, or any successor thereof.
16.2 Any person who contravenes a provision of this By-law is also subject to s
system of fines set out in section 429 of the Municipal Act, 2001, and all
contraventions of this By-law are designated as continuing offences for each day
they continue.
16.3 Every person who is convicted of an offence is liable to a minimum fine of three
hundred dollars ($300.00) and a maximum fine of five thousand dollars
($5,000.00) for the first offence and a maximum fine of ten thousand dollars
($10,000.00) for any subsequent conviction under the By-law, to the maximum
prescribed in the Municipal Act 2001.
16.4 In addition to the fine amounts set out in subsection 16.1 and 16.3, for each day
or part of a day that an offence continues, the minimum fine shall be three
hundred dollars ($300) per day or part day for the first conviction, but the total of
all daily fines shall not exceed five thousand dollars ($5,000) for the first
conviction, where the convictions are registered to a person that is not a
corporation.
16.5 Where a corporation is convicted of a second and subsequent conviction, the
minimum fine shall not be less than five thousand dollars ($5,000) for each
subsequent conviction to a maximum fine of one hundred thousand dollars
($100,000).
16.6 In addition to any monetary penalty any court of competent jurisdiction may,
pursuant to section 431 of the Municipal Act, issue an order prohibiting the
continuation or repetition of the offence by the person convicted.
17. REMEDIAL ACTION
17.1 If a person fails to do a matter or thing as directed or required by this By-law,
including to comply with an order under this By-law, the City may, in default of it
being done by the person directed or required to do it, do the matter or thing at the
person's expense. The City may recover the costs of doing a matter or thing from
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By-Law No. BL 93/2022
the person directed or required to do it by action or by adding the costs to the tax
roll for the property and collecting them in the same manner as property taxes.
17.2 The costs outlined in subsection 18.1 of this By-law shall include any fees and
charges imposed by the City in accordance with this By-law in relation to the
matters identified in subsection 18.1.
17.3 The amount of the costs, including interest, constitutes a lien on the land upon the
registration in the proper land registry office of a notice of lien. The lien is in respect
of all costs that are payable at the time the notice is registered plus interest accrued
to the date the payment is made. Upon receiving payment of all costs payable
plus interest accrued to the date of payment, the City shall register a discharge of
the lien in the proper land registry office.
18. EXEMPTIONS
18.1 Nothing in this By-law shall affect:
a) Any right or duty of the City with respect to any highway right of way; or
b) The application and enforcement of the Weed Control Act with respect to noxious
weeds growing on land, including within a natural garden.
19. GENERAL PROVISIONS
19.1 In the event of any conflict between this By-law and any other By-law of the City,
the more restrictive shall prevail unless the context requires otherwise.
19.2 Should any provision of this By-law be declared invalid by a court of competent
jurisdiction, the same shall not affect the validity of the By-law as a whole or any
part thereof, other than the part which was declared to be invalid.
19.3 By-law 068-2008, as amended, is repealed.
19.4 Despite subsections 19.3 and 19.5 of this By-law, after the passage of this By-law,
By-law 068-2008 shall remain in effect for the purposes of concluding any legal
and/or court processes that commenced under its provisions that had not been
concluded upon enactment of this By-law.
19.5 This By-law shall come into force and take effect upon final passing thereof.
Enacted and passed this 12th day of September, A.D. 2022 as witnessed by the Seal of
the Corporation and the hands of its proper Officers.
Bill Mauro
Mayor
Krista Power
City Clerk
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