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1
THE CITY OF VAUGHAN
BY-LAW
LONG GRASS AND WEEDS
(Consolidated Version - Enacted as By-law 125-2022)
Last consolidated on December 22, 2023. City of
Vaughan by-laws are provided online for convenient
public reference. By-laws are consolidated on an ongoing
basis, but recent amendments may not be reflected in the
latest consolidated version. Check the Amendment
History to get a complete listing of all pertinent
regulations. For further information contact the Office of
the Director and Chief Licensing Officer.
A By-law to prescribe the standards for maintenance for all Properties within the
City of Vaughan with respect to Grass height, Weeds and Natural Gardens.
WHEREAS section 11(1) of the Municipal Act, 2001, S.O. 2001, c. 25 allows
municipalities to pass by-laws respecting the environmental well-being of the municipality,
and the health and safety or persons;
AND WHEREAS the City has brought forward this by-law to manage long Grass and
Weeds in a rapid manner, to mitigate any health, safety and nuisance issues;
AND WHEREAS section 425(1) of Municipal Act, 2001, S.O. 2001, c. 25 allows
municipalities to pass by-laws, in which persons who are not compliant with a by-law are
guilty of an offence;
AND WHEREAS section 429(1) of Municipal Act, 2001, S.O. 2001, c. 25 enables
municipalities to establish a system of fines for offences under a by-law;
AND WHEREAS section 434.1(1) through (3) of Municipal Act, 2001, S.O. 2001, c. 25
enables municipalities to establish a system of administrative penalties to encourage
compliance with a by-law that are not punitive;
AND WHEREAS section 435 of Municipal Act, 2001, S.O. 2001, c. 25 establishes the
conditions under which the City's Enforcement Officers may enter onto private Property;
AND WHEREAS section 436 of Municipal Act, 2001, S.O. 2001, c. 25 provides
municipalities with the authority to pass by-law which allows its staff to enter onto land at
any reasonable time for the purpose of carrying out an inspection to determine whether
a by-law is being complied with;
AND WHEREAS section 438 of Municipal Act, 2001, S.O. 2001, c. 25 states that
municipalities may establish by-laws in which inspections can be undertaken to evaluate
compliance with the by-law;
AND WHEREAS sections 441 and 441.1 of Municipal Act, 2001, S.O. 2001, c. 25, state
that a municipality can add unpaid fines to the tax roll of the Property of the Person who
owes them;
AND WHEREAS sections 444 and 445 of Municipal Act, 2001, S.O. 2001, c. 25, state
that a municipality can order someone in contravention of a by-law to discontinue the
contravening activity or to order this Person, a Property Owner or occupant, or someone
who caused or permitted the contravening activity to correct the contravention;
AND WHEREAS the Provincial Offences Act, R.S.O. 1990, c. P.33 establishes rules for
governance of provincial offences and judicial proceedings and penalties;
AND WHEREAS section 15 of the Police Services Act, R.S.O. 1990, c. P.15, states that
a municipal Council may appoint persons to enforce municipal by-law;
NOW THEREFORE the Council of The Corporation of the City of Vaughan ENACTS AS
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FOLLOWS:
Table of Contents
1.0
Authority and Short Title ......................................................................................... 2
2.0
Applicability and Scope .......................................................................................... 2
3.0
Definition and Interpretation ................................................................................... 2
4.0 General Provisions ................................................................................................. 3
5.0 Orders and Enforcement ........................................................................................ 3
6.0 Fines ........................................................................................................................ 4
7.0 Administrative Monetary Penalties ....................................................................... 4
8.0
Cost Recovery and Unpaid Fines and Penalties ................................................... 4
9.0
Designation .............................................................................................................. 4
10.0 Force and Effect ...................................................................................................... 4
1.0
Authority and Short Title
(1)
This By-law shall be known as the Long Grass and Weeds By-law.
2.0
Applicability and Scope
(1)
The provisions of this by-law apply to all Properties within the City.
(2)
Where any provision of this by-law is in conflict with a provision of any other City
by-law, the more restrictive provision shall prevail.
3.0
Definition and Interpretation
(1)
In this By-law, unless the context otherwise requires, words imparting the singular
number shall include the plural, and words imparting the masculine gender shall
include the feminine and further, the converse of the foregoing also applies where
the context requires.
(2)
Wherever a word is used in this By-law with its first letter capitalized and the whole
word italicized, the term is being used as it is defined in 3.0(3) of this By-law. Where
any word appears in ordinary case, the commonly applied English language
meaning is intended.
(3)
For the purposes of this by-law:
"Administrative Monetary Penalties By-law" refers to the Administrative Monetary
Penalties By-law 063-2019, as amended, or its successor by-law;
"Boulevard" means that part of a Highway that is not used, or intended to be used,
for vehicular travel by the general public, and is situated between the travelled
portion of the road and the adjoining Property line;
"City" means the Corporation of the City of Vaughan;
"Designated By-law" has the same meaning as in the Administrative Monetary
Penalties By-law;
"Enforcement Officer" means a Person appointed by the Council of the City as a
Municipal Law Enforcement Officer, pursuant to section 15 of the Police Services
Act, to enforce the provisions of this By-law, or a sworn member of York Regional
Police, Ontario Provincial Police, Royal Canadian Mounted Police;
"Grass" means vegetation consisting of typically short plants with long, narrow
leaves, growing wild or cultivated on lawns, such as, but not limited to, plants of
the Gramineae family;
"Ground Cover" means low growing vegetation, other than Grass;
"Highway" includes a common and public Highway, street, avenue, parkway,
driveway, square, place, bridge, viaduct or trestle, 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;
"Municipal Act" refers to the Municipal Act, 2001, S.O. 2001, c. 25, as amended,
3
or its successor regulation;
"Owner" includes the Owner of the Property, as well as a lessee that is required to
repair and maintain the Property;
"Person" includes an individual, firm, corporations, association, partnership, trust,
unincorporated organization or the heirs, executors, administrators or other legal
representatives of a Person;
"Police Services Act" refers to Police Services Act, R.S.O. 1990, c. P.15, as
amended, or its successor regulation;
"Property" means a building or structure or part of a building or structure and
includes its Yard and all mobile structures, outbuildings, and fences on the
Property;
"Provincial Offences Act" refers to the Provincial Offences Act, R.S.O. 1990, c.
P.33 as amended, or its successor regulation;
"Weed Control Act" refers to the Weed Control Act, R.S.O. 1990, c. W.5, as
amended, or its successor regulation;
"Vacant Lot" means a Property that does not have a building or structure;
"Yard" means the land, other than publicly owned land, that is part of a Property,
such as the land around any part of a building or structure, but also includes a
Vacant Lot.
4.0 General Provisions
(1)
The Owner of private land shall cut the Grass, Weeds and other Ground Cover on
the Owner's land and adjacent Boulevard and remove the cuttings whenever their
growth exceeds twenty (20) centimetres (approximately eight (8) inches) in height.
(2)
Notwithstanding 4.0(1), the Owner is not required to cut and/or remove the Grass,
Weeds or other Ground Cover on the adjacent Boulevard if this is done so by the
City.
(3)
Notwithstanding section 4.0(1), the Owner of a Property that is larger than fifty
(50) hectares and is under a development application is not required to maintain
Grass and weeds under a height of twenty (20) centimetres. [Added by section 1.
of By-law 205-2023 on December 12, 2023].
(4)
Notwithstanding section 4.0(3), the Owner of a Property that is larger than fifty
(50) hectares and is under a development application is required to maintain a
five (5) metre buffer area from the lot line of any adjacent Property within which
Grass and weeds cannot exceed twenty (20) centimetres. [Added by section 2. of
By-law 205-2023 on December 12, 2023].
5.0 Orders and Enforcement
(1)
Any Person who contravenes or fails to comply with any provision of this by-law is
guilty of an offence.
(2)
An Enforcement Officer who finds a contravention of this by-law may give a written
order to the Owner of the Property requiring compliance with this By-law and/or to
do work to correct the contravention of this By-law within the time period specified
in the order, but no sooner than seventy-two (72) hours after the order is given.
(3)
The order in 5.0(2) may be served in Person to whom it is directed or by registered
mail to the last known address of that Person, in which case it shall be deemed to
have been given on the fifth day after it is mailed.
(4)
If there is evidence that the Person in possession of the Property is not the Property
Owner, the order in 5.0(2) shall be served on both the Property Owner and the
occupant.
(5)
If the address of the Owner is unknown, or the City is unable to serve the Owner
or occupant under section 5.0(2), a placard stating the terms of the order in 5.0(2)
shall be placed in a conspicuous place on the Property and shall be deemed to be
sufficient notice to the Owner.
(6)
No Person shall hinder or obstruct or attempt to hinder or obstruct the City or its
Enforcement Officers from carrying out any powers or duties under this By-law.
4
6.0 Fines
(1)
Every Person who is guilty of an offence under this By-law may be subject a fine
under the Municipal Act, such that:
(a)
a minimum fine shall not exceed $500 and a maximum fine shall not exceed
$100,000;
(b)
in the case of a continuing offence, for each day or part of a day that the
offence continues, a minimum fine shall not exceed $500 and a maximum
fine shall not exceed $10,000, however, the total of all of the daily fines for
the offence is not limited to $100,000; and
(c)
in the case of a multiple offence, for each offence included in the multiple
offence, a minimum fine shall not exceed $500 and a maximum fine shall
not exceed $10,000, however, the total of all fines for each included offence
is not limited to $100,000.
(2)
Every Person who is issued a fine under this By-Law may request a review of the
matter in accordance with the Provincial Offences Act.
7.0 Administrative Monetary Penalties
(1)
Instead of issuing a fine under the Municipal Act for an offence of this By-law, an
Enforcement Officer may issue an administrative monetary penalty to the Person
who has contravened this By-law.
(2)
If a Person is required to pay an administrative monetary penalty under subsection
7.0(1), no fine shall be laid against that same Person for the same violation.
(3)
The amount of the administrative monetary penalty for a first breach under this
By-law is $350. [Amended by section 3. of By-law 205-2023 on December 12,
2023].
(4)
A Person who is issued an administrative monetary penalty shall be subject to the
procedures provided for in the Administrative Monetary Penalties By-law.
(5)
Every Person who is issued an administrative monetary penalty under this By-Law
may request a review of the matter in accordance with the Administrative Monetary
Penalties By-law.
(6)
The amount of the administrative monetary penalty for a second and any
subsequent breach under this By-law is $700. [Added by section 4. of By-law
205-2023 on December 12, 2023].
8.0
Cost Recovery and Unpaid Fines and Penalties
(1)
Where the City, its employees or authorized agents have performed the work
required to bring the Property into compliance with the by-law, all expenses
incurred by the City in doing the work as well as any related fees, shall be deemed
to be a debt to the City and may be collected by the City or added to the tax roll for
the Property and collected in the same manner as taxes.
(2)
The treasurer of a municipality may add any unpaid fine or administrative monetary
penalty to the tax roll for any Property in the local municipality of which all of the
Owners are responsible for paying the fine and collect it in the same manner as
municipal taxes.
9.0
Designation
(1)
Schedule 1 of the Administrative Monetary Penalties By-law, as amended, is
hereby amended by including this By-law as a Designated By-law.
10.0 Force and Effect
(1)
This By-law shall come into force and effect upon the date it is passed by Council.
Enacted by City of Vaughan Council this 28th day of June, 2022.
5
Hon. Maurizio Bevilacqua, Mayor
Todd Coles, City Clerk
Authorized by Item No. 36 of Report No.
30 of the Committee of the Whole
Adopted by Vaughan City Council on
June 28, 2022.
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AMENDMENT HISTORY
LONG GRASS AND WEEDS BY-LAW
DATE
(YYYY/MM/DD)
BY-LAW
AUTHORITY
CONSOLIDATED
2023 / 12 / 12
205-2023
Item 11, Report 52, Committee of
the Whole