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April 8, 2025 - OFFICE CONSOLIDATION
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THE CORPORATION OF THE CITY OF WELLAND
BY-LAW NUMBER 2019 - 135
A BY-LAW TO PROVIDE REGULATIONS FOR MAINTAINING
LAND IN A CLEAN AND CLEAR CONDITION (CLEAN YARDS
BY-LAW) AND TO REPEAL BY-LAW 10727
WHEREAS the Municipal Act, S.O. 2001, c.25 as amended (the "Act") section 128
provides that a local 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 Section 128(2) of the Act states that the opinion of Council under
Section 128 of the Act, if arrived at in good faith, is not subject to review by any court;
AND WHEREAS Section 127 of the Act provides that the municipality may, among
other things, require the owner or occupant of land to clean and clear the land, not including
buildings and regulate when and how these matters shall be done and to prohibit the depositing of
refuse or debris on land, and to define refuse for the purposes of this section;
AND WHEREAS Section 446 of the said Act, among other things, authorizes
municipal remedial action, entry onto land, recovery of costs and addition of costs to the tax roll;
AND WHEREAS Section 391 of the Act provides that a municipality may impose fees
or charges on persons for services or activities provided or done by or on behalf of it, and which by-
law may provide for interest charges and other penalties, including the payment of collection costs,
for fees and charges that are due and unpaid;
AND WHEREAS the Council of the Corporation of the City of Welland deems it
necessary and expedient to use the powers granted to it pursuant to the aforementioned Sections of
the Municipal Act:
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
WELLAND ENACTS AS FOLLOWS:
SECTION 1 - SHORT TITLE
1.1
This By-law may be referred to as the Clean Yards By-law.
SECTION 2 - DEFINITIONS
For the purposes of this By-law all words shall have their normal and customary meaning save and
except for those hereinafter defined:
2.1
"By-Law Enforcement Officer" means a person appointed by The Corporation of the City of
Welland for the purposes of enforcement of its By-laws.
2.2
"City" means The Corporation of the City of Welland.
2.3
"Inoperative Motor Vehicle" means any vehicle which does not, display a vehicle permit
number plate with evidence of the current validation of the permit affixed to it, issued under
the Highway Traffic Act, but does not include:
(a)
one (1) unplated vehicle per premises, owned by the Owner, provided the
vehicle is:
I. a "hobby repair vehicle" where hobby repair is being actively carried
on; or
II. a "historic vehicle", being an automobile that is at least thirty (30)
years old; or
III. a vehicle used seasonally and plated annually for a period of time
less than a full year;
(b)
a vehicle in a salvage yard and the like where an unplated vehicle is an
integral component of a legally operating business.
2.4
"owner" means and includes an owner, lessee or occupant.
April 8, 2025 - OFFICE CONSOLIDATION
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2.5
"person" means an owner, individual, corporation or other entity.
2.6
"property" means and includes yards, vacant lands, or any part of a lot not occupied by a
principal building, if any, and includes the space within or upon unenclosed decks,
unenclosed porches, unenclosed carports and unenclosed accessory structures;
2.7
"Region" means The Regional Municipality of Niagara.
2.8
"Sewage" includes any liquid waste containing human, vegetable, or mineral matter, waste
that is in suspension whether domestic or industrial or any other waste whether in
suspension or precipitated, but does not include roof water or storm run-off.
2.9
"Refuse" means any debris, article, thing, matter or effluent that: has been cast aside,
discarded or abandoned; or is used up in whole or in part, or expended or worn out in whole
or in part; or appears to be worthless, or useless or of no practical value; and for greater
certainty, but not so as to restrict the generality of the foregoing terms of this clause it is
hereby declared that refuse extends to the following classes:
(a)
Branches, brush or tree clippings;
(b)
Paper, paper cartons, and other paper products;
(c)
Rotting vegetable matter, or rotting animal matter, unless it is contained in an
appropriate composting container;
(d)
Appliances, including refrigerators, stoves, dishwashers, microwaves,
freezers, washers, dryers or any part or parts of such things;
(e)
Electronic devices, including televisions, computers and related components,
radios, amplifying devices, speakers, audio and visual players and any parts
of such things;
(f)
Furnaces or furnace parts, air-conditioners, ducting, pipes, heat pumps,
fittings and wire;
(g)
Water or fuel tanks;
(h)
Inoperative motor vehicles, and parts or accessories of such items;
(i)
Inoperative bicycles, lawnmowers, engines and mechanical tools;
(j)
Accumulations, deposits, leavings, litter, remains, rubbish or trash of any
sort, whether animal, mineral or vegetable;
(k)
Broken or discarded furniture;
(l)
Crockery, dishes, pots and pans, and small kitchen appliances;
(m)
Sewage;
(n)
Animal waste products, hides, parts of carcasses other than those arising
from industrial or agricultural businesses legally operating on the land;
(o)
Construction, demolition, repair or renovation debris;
(p)
Accumulation of broken concrete, asphalt pavement, brick pavers and
sidewalk slabs;
(q)
articles, things, matter, effluent which in whole or in part or fragments thereof,
are derived from or are constituted from or consist of:
I. agricultural, animal, vegetable, lumber or wood products; or
II. mineral, metal, or chemical products, whether or not the products
are manufactured or otherwise processed;
(r)
Piles of miscellaneous plastic, wood or metal parts, or combinations of such
materials; and
(s)
Discarded clothing;
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Refuse as defined in this by-law does not cease to become refuse by reason only that it may be
commercially saleable or recyclable.
2.10
"Standing Water" means any still water found upon any privately owned property in the City
between April 1 and October 31 of each year other than:
(a)
A natural, moving body of water;
(b)
A body of water effectively maintained and treated to prevent the breeding or
larval existence of mosquitos;
(c)
A body of water containing live fish;
(d)
Storm water management ponds and catch basins on private property;
(e)
A body of water which is a natural pond, bog, marsh or wetland; and
(f)
A body of water contained for less than four (4) days.
SECTION 3 - GENERAL PROVISIONS APPLICABLE TO ALL PROPERTIES
Refuse
3.1
Every owner of property in the City of Welland shall keep and maintain the same in a clean
and clear condition and free from refuse of any kind.
3.2
No person shall throw, place or deposit by any means any refuse on private property without
the written authority of the owner or occupant of the property.
3.3
No owner shall permit refuse to remain on any property within the City.
3.4
No person shall throw, place or deposit any refuse on City property or Region property
without the written authority of the City or Region and where such property is occupied by a
person other than the owner, without the written authority of the occupant.
3.5
Every owner shall, in accordance with the provisions of the Environmental Protection Act,
dispose of refuse at a site approved by the Ministry of Environment and Energy.
Health and Safety
3.6
No person shall put, permit to be put, or permit to remain in an unsafe condition:
(a)
any property;
(b)
any excavation or opening on any property;
(c)
any septic tank, cistern or well located on any property.
3.7
Every owner of property in the City of Welland shall keep and maintain the same in a clean
and clear condition and free from the following:
(a)
Injurious insects, termites, rodents, vermin or other pests;
(b)
Refrigerators, freezers, appliances, and other containers that could trap a
child;
(c)
Syringes, needles and other sharps.
Vegetation
3.8
Every owner of property in the City of Welland shall cut, trim or remove the grass and weeds
whenever the growth of the grass or weeds exceeds fifteen (15) centimetres (six (6) inches)
in height.
Title deleted in its entirety. (By-law 2021-158)
3.9
Deleted in its entirety. (By-law 2021-158)
3.10
Deleted in its entirety. (By-law 2021-158)
April 8, 2025 - OFFICE CONSOLIDATION
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3.11
Deleted in its entirety. (By-law 2021-158)
3.12
Deleted in its entirety. (By-law 2021-158)
Refuse Containers
3.13
Every owner shall ensure that all refuse which accumulates on their property and when not
placed out for collection is:
(a)
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;
IV. Located in the side or rear yard against a building, structure, fence
or retaining wall and arranged in an orderly manner.
(b)
Not permitted to accumulate longer than 14 days. (By-law 2021-158)
Standing Water
3.14
Every owner shall keep and maintain any property free from standing water.
3.15
Every owner shall maintain every swimming pool, hot tub, wading pool and artificial pond
within on any property in a safe and proper manner and in a good state of repair.
3.16
No owner shall obstruct or cause or permit the obstruction of a private drain, swale or
watercourse in a manner which causes the holding or ponding of standing water on any
property.
3.17
Every owner shall keep and maintain all vessels, containers, statuary or objects on any
property, which are capable of holding standing water, free from standing water.
SECTION 4 - WORK ORDER
4.1
Where a By-law Enforcement Officer is satisfied that an owner has failed to comply with any
provision of this By-law, the By-law Enforcement Officer may issue an Order requiring the
owner to correct the contravention.
4.2
An Order shall set out:
(a)
The municipal address and/ or the legal description of the property;
(b)
Reasonable particulars of the contravention adequate to identify the
contravention;
(c)
The date by which there must be compliance with the order.
4.3
Every owner who contravenes an order is guilty of an offence.
4.4
Any order issued under this by-law may be given by ordinary mail, registered mail, courier or
hand delivered to the address of the owner according to the last revised assessment roll of
the subject property or the notice may be posted at the subject property, and such service
shall be deemed good and sufficient service.
4.5
Only one (1) order per calendar year is required for any contravention of section 3.8. If, after
an order has been served in accordance with this by-law, the By-law Enforcement Officer,
determines that a subsequent violation has occurred, the Municipality may proceed with the
remedy set forth in Section 4.7 without further notice. In addition the City shall publish annual
notice once in a local newspaper of general circulation advising residents of the
requirements of section 3.8.
4.6
Every owner shall comply with any order issued under the authority of this by-law.
April 8, 2025 - OFFICE CONSOLIDATION
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4.7
Where the owner is in default of an order, the By-law Enforcement Officer may, without
notice and in addition to any other action, cause the work to be done at the owners expense.
Without limitation, the City, its employees, agent or contractor may enter upon the land and
remove such things or carry out the work required to make the property comply with this By-
law. The City's rights pursuant to this section are in addition to the penalty provisions
contained in section 6 and the City shall have the option to exercise the rights contained
herein as well as the rights contained in section 6.
4.8
Any thing removed may be immediately disposed of or deposited elsewhere on the property
on which it is located, or may be stored by the City, its employees, agent or contractor.
Where a thing has been removed and stored, the owner or person may reclaim such thing
upon payment to the City any costs incurred by the City, its employees, agent or contractor
in the removal of such thing. Where the thing has not been reclaimed within thirty (30) days
of its removal, such thing may be forthwith destroyed or otherwise disposed of by the City, its
employees, agent or contractor.
4.9
Where any of the matters or things are done in accordance with Subsection 4.7, the expense
of having the thing done shall be recovered in a like manner as municipal taxes, in
accordance with Section 446 of the Act.
SECTION 5 - ADMINISTRATION, ENFORCEMENT AND RIGHT OF ACCESS
5.1
This By-law shall be administered and enforced by the City, the By-law Enforcement Officer
or anyone appointed or otherwise delegated the authority of administration and enforcement.
5.2
If there is a conflict between a provision of this By-law and a provision of any other City By-
law, the provision in this By-law shall apply.
5.3
It is hereby declared that notwithstanding that any part of this By-law, or parts thereof, may
be found by any Court of law to be invalid or beyond the power of Council to enact such
section or sections or parts thereof shall be deemed to be severable and that all other
sections or parts of this By-law are separate and independent there from and enacted as
such.
5.4
Pursuant to the provisions of Sections 23.1 to 23.5 of the Act, 2001 the Clerk of the City of
Welland is hereby authorized to effect any minor modifications or corrections of an
administrative, numerical, grammatical, semantical or descriptive nature or kind to this By-
law as may be necessary after the passage of this By-law.
5.5
A By-law Enforcement Officer designated to perform inspections pursuant to this by-law may
at all reasonable times, enter upon any land for the purpose of carrying out an inspection to
determine whether or not this By-law is being contravened and/ or to determine if an order
has been complied with.
5.6
A By-law Enforcement Officer may, for the purposes of the inspection under section 5.5,
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.
5.7
Any cost incurred by the City in exercising its authority to inspect under section 5.6, including
but not limited to the cost of examination, test, sample or photograph necessary for the
inspection, shall be paid by the owner of the property where the inspection takes place.
5.8
The By-law Enforcement Officer shall have inspection powers described in Section 436 of
Act.
5.9
No person shall obstruct or hinder, or attempt to obstruct or hinder, a By-law Enforcement
Officer, in the exercise of a power or the performance of a duty under this by-law.
5.10
No person shall refuse to produce any documents or things required by a By-law
Enforcement Officer under Sections 5.5 and 5.8 of this By-law, and every person shall assist
any entry, inspection, examination, or inquiry by a By-law Enforcement Officer.
5.11
No person shall knowingly furnish false information in any form to the By-law Enforcement
Officer with respect to this by-law.
April 8, 2025 - OFFICE CONSOLIDATION
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SECTION 6 - PENALTY
6.1
Any person who contravenes any provision of this By-law is guilty of an offence.
6.2
A person convicted of an offence contrary to a provision of this By-law in a proceeding
commenced under Part III of the Provincial Offences Act, R.S.O. 1990, c. P. 33, is liable to a
fine of no more than Ten Thousand Dollars ($10,000.00).
6.3
Administrative Penalty By-law 2019-134 applies to each administrative penalty issued
pursuant to this By-law.
6.4
Any person who contravenes any provision of this By-law shall, upon issuance of a penalty
notice in accordance with Administrative Penalty By-law 2019-134, be liable to pay to the
City an administrative penalty in accordance with the penalties set out in Schedule "A"
attached.
SECTION 7 - TRANISITION, REPEAL, FORCE AND EFFECT
7.1
All prosecutions and other enforcement processes commenced under By-law 10727, as
amended, which have not been completed on the day this By-law comes into force shall be
completed under By-law 10727, as amended, as if it had not been repealed.
7.2
By-law 10727, as amended, is repealed as of the day this By-law comes into force and
effect.
7.3
This By-law comes into force and effect on January 1, 2020.
SECTION 8 - EXEMPTIONS
8.1
This By-law does not apply to the Federal Government of Canada, the Province of Ontario,
the Regional Municipality of Niagara or the City of Welland.
8.2
This by-law does not apply so as to prevent a farm, defined as an "agricultural operation"
under the Farming and Food Production Protection Act, from carrying on a normal farm
practice as defined in that Act.
8.3
Section 3.6 of this By-law does not apply to land on which construction is proceeding under a
valid building permit or Municipal Consent.
8.4
Section 3.8 of this By-law does not apply to a bog, marsh, forested area or wetland.
READ A FIRST, SECOND AND THIRD TIME AND PASSED BY COUNCIL THIS 19TH DAY
OF NOVEMBER, 2019.
___________________________
Mayor
___________________________
City Clerk
By-law Amendments:
By-law 2021-158: October 5, 2021
By-law 2025-26: April 8, 2025
April 8, 2025 - OFFICE CONSOLIDATION
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Schedule "A"
THE CORPORATION OF THE CITY OF WELLAND
BY-LAW 2019-135
SET FINE SCHEDULE
BY-LAW 2019-135, BEING A BY-LAW TO PROVIDE REGULATIONS
FOR MAINTAINING LAND IN A CLEAN AND CLEAR CONDITION
WITHIN THE CITY OF WELLAND
ITEM
COLUMN 1
Short Form Wording
COLUMN 2
Provision
Creating or
Defining
Offence
COLUMN 3
First Penalty
COLUMN 4
Second
Penalty
COLUMN 5
Third or
Subsequent
Penalty
1.
Fail to keep property in a clean and
clear condition
Sec. 3.1
$400.00
$800.00
$1200.00
2.
Fail to keep property free from
refuse
Sec. 3.1
$400.00
$800.00
$1200.00
3.
Throw refuse on private property
without written authority
Sec. 3.2
$400.00
$800.00
$1200.00
4.
Place refuse on private property
without written authority
Sec. 3.2
$400.00
$800.00
$1200.00
5.
Deposit refuse on private property
by any means without written
authority
Sec. 3.2
$400.00
$800.00
$1200.00
6.
Owner permit refuse to remain on a
property
Sec. 3.3
$400.00
$800.00
$1200.00
7.
Throw refuse on public property
without written authority
Sec. 3.4
$400.00
$800.00
$1200.00
8.
Place refuse on public property
without written authority
Sec. 3.4
$400.00
$800.00
$1200.00
9.
Deposit refuse on public property
by any means without written
authority
Sec. 3.4
$400.00
$800.00
$1200.00
10.
Fail to dispose of refuse at an
approved site
Sec. 3.5
$400.00
$800.00
$1200.00
11.
Permit property to remain in an
unsafe condition
Sec. 3.6 (a)
$400.00
$800.00
$1200.00
12.
Permit an excavation to remain in
an unsafe condition
Sec. 3.6 (b)
$400.00
$800.00
$1200.00
13.
Permit an opening on a property to
remain in an unsafe condition
Sec. 3.6 (b)
$400.00
$800.00
$1200.00
14.
Permit a septic tank to remain in an
unsafe condition
Sec. 3.6 (c)
$400.00
$800.00
$1200.00
15.
Permit a cistern to remain in an
unsafe condition
Sec. 3.6 (c)
$400.00
$800.00
$1200.00
16.
Permit a well to remain in an
unsafe condition
Sec. 3.6 (c)
$400.00
$800.00
$1200.00
April 8, 2025 - OFFICE CONSOLIDATION
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17.
Fail to keep property free from
Injurious insects, termites, rodents,
vermin or other pests
Sec. 3.7 (a)
$400.00
$800.00
$1200.00
18.
Fail to keep property free from
refrigerators, freezers, appliances,
and other containers that could trap
a child
Sec. 3.7 (b)
$400.00
$800.00
$1200.00
19.
Fail to keep property free from
syringes, needles and other sharps
Sec. 3.7 (c)
$400.00
$800.00
$1200.00
20.
Fail to cut/trim/remove grass/weeds
more than 15 cm/ 6in in height
Sec. 3.8
$400.00
$800.00
$1200.00
21.
Fail to keep refuse in containers
Sec. 3.13 (a)
$400.00
$800.00
$1200.00
22.
Permit refuse to accumulate longer
than 14 days
Sec. 3.13 (b)
$400.00
$800.00
$1200.00
23.
Fail to keep property free of
standing water
Sec. 3.14
$400.00
$800.00
$1200.00
24.
Fail to maintain swimming pool/ hot
tub/ wading pool/ pond
Sec. 3.15
$400.00
$800.00
$1200.00
25.
Obstruct private drain/ swale/
watercourse
Sec. 3.16
$400.00
$800.00
$1200.00
26.
Cause/ Permit the obstruction of
private drain/ swale/ watercourse
Sec. 3.16
$400.00
$800.00
$1200.00
27.
Fail to maintain container/ object
free of standing water
Sec. 3.17
$400.00
$800.00
$1200.00
28.
Fail to comply with an order
Sec. 4.3
$400.00
$800.00
$1200.00
29.
Obstruction
Sec. 5.9
$400.00
$800.00
$1200.00
30.
Fail to produce any documents or
things required by a By-law Officer
Sec. 5.10
$400.00
$800.00
$1200.00
31.
Furnish false information to a By-
law Officer
Sec. 5.11
$400.00
$800.00
$1200.00