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THE CORPORATION OF THE
TOWNSHIP OF WELLINGTON NORTH
BY-LAW NUMBER 052-2019
(including amendments in By-law 067-2024)
BEING A BYLAW TO REGULATE THE MAINTENANCE OF LAND IN
THE TOWNSHIP OF WELLINGTON NORTH
WHEREAS Section 11(1) 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;
AND WHEREAS Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended,
provides that a municipality may require the owner or occupant to clean and clear the
property, not including buildings, or to clear refuse or debris from the property, not
including buildings;
AND WHEREAS 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.
NOW THEREFORE BE IT ENACTED as a By-law of the Township of Wellington North
as follows:
1.
SHORT TITLE
1.1
This By-law shall be known as the "Clean and Clear Yard By-law".
2.
DEFINITIONS
2.1
For the purpose of this By-law, the following terms shall have the meanings
indicated:
Chief Building Official - Means the Chief Building Official (CBO), of the
Building Department, or his or her designate;
Compost - Means the natural decomposition, in a composter, heap or digester,
of organic material to produce humus, and is comprised of the following materials
only; leaves, grass, shrub and hedge clippings, house and garden plants,
branches, all fruits and vegetable matter, coffee grounds and filters, tea bags,
egg shells, pasta and bread;
Debris - Means any material or item(s) other than recyclable materials, organic
materials, and prohibited waste, and includes but is not limited to:
a) Cigarette butts, cigar tips, e-cigarettes and their components and chewing
gum;
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b) Standing or stagnant water, which may include a container or any holding
device(s) where the water has collected;
c) Any identified item or unusable collection of materials determined to be of no
value, including but not limited to: refuse, garbage, junk, or waste, including
items of wood, metal, tires, containers of any kind and yard fixtures.
Derelict Motor Vehicle - Means any scrap or inoperative motor vehicle having
missing, damaged, or deteriorated parts or any condition that may prevent its
intended mechanical function. This shall include but is not limited to any car,
motorcycle, truck, sport utility vehicle (SUV), boat, sea-doo, snow machine, lawn
tractor, all terrain vehicle (ATV), recreational vehicle (RV) and or camper trailer
with damaged or missing bodywork components or any parts, including
mechanical components, tires, bodywork, glass, or other defective part(s), and
any/all deteriorated or removed adjuncts which prevent intended operative
function;
Excessive Growth - Means any grass or weed exceeding the maximum
permitted height on any property or land;
Good Repair - Means maintained and capable of normal and intended
operation, not unsightly by reason of deterioration, neglect, damage or
defacement and is free from any defect which may cause accidental hazard or
health issue;
Ground Cover - Means a material capable of directing or absorbing the natural
flow or drainage of water, while preventing soil erosion, such as sod (grass),
wood chips, loose stone or gravel, or any approved landscaping material;
Industrial Waste - Means any debris, refuse, sewage, effluent, discard or
garbage of a type arising from industrial waste or commercial operation, or
belonging to or associated with industry or commerce or industrial or commercial
property including, but not limited to, garbage, discarded material or things,
broken or dismantled things, materials or things exposed to the elements, and
deteriorating or decaying on a property due to exposure to the weather;
Inoperative Motor Vehicle - Means a motor vehicle having missing, damaged,
or deteriorated parts or any condition that prevents its intended mechanical
function and includes any motor vehicle that is required to be registered or
licensed for the current year with an identifiable license plate displayed as
required by the Highway Traffic Act R.S.O. 1990, or any other legislation and or
by a Provincial or National Government;
Land - Means any part of a yard or lot within the Township of Wellington North;
Maximum Height - Means the maximum permitted height 20cm (8 inches) of
grass and weeds;
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Motor Vehicle - Means an automobile, motorcycle, and any other vehicle
propelled or driven otherwise than by muscular power, but does not include the
cars of electric steam railways, or other motor vehicles running only upon rails, or
a traction engine, farm tractor, self propelled implement of husbandry or road
building machine within the meaning of the Highway Traffic Act R.S.O. 1990;
Occupant - Means any person or occupant over the age of eighteen (18) years,
occupying or overseeing the care of the Land/Lot;
Officer - Means the Chief Building Official or his or her designate, Municipal Law
Enforcement or By-Law Officer (MLEO), Police Officer, Inspector, or any other
person appointed or empowered by the Township of Wellington North to enforce
its by-laws, statues and/or regulations;
Owner includes:
a) The registered land owner of the lot;
b) The person, for the time being, managing or receiving the rent from a building
on the lot, whether on the person's own account or as agent or trustee of any
other person, or who would receive the rent if the building on the lot were let;
and
c) A lessee or occupant of a building on the lot who, under the terms of a lease,
is required to repair and maintain the lot in accordance with the standards set
out in the by-law.
Person - Means any individual, corporation and the heirs, executors,
administrators or other legal representatives of a person to whom the context can
apply according to the law;
Refuse - Means any article or thing that:
a) Has been cast aside, discarded or abandoned, whether of any value or not;
b) Has been used up, in whole or in part, whether of any value or not; or
c) Has been expended or worn out, in whole or in part, whether of any value or
not.
Standing or Stagnant Water - Includes but is not limited to a collection of water
that is void of movement by either natural or artificial mean and includes moisture
or water that may cause or contribute to health hazards such as West Nile Virus
or other ailment;
Township -Means the Township of Wellington North;
Waste - Means household or general garbage, special collection materials,
recyclable materials, organic materials, and yard waste;
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Weeds - Means all noxious weeds designated as such under the Weed Control
Act R.S.O. 1990, C.W.5;
Yard - Means a space appurtenant/adjacent to a building, structure or
excavation, located on the same lot as the building, structure or excavation, and
which space is open, uncovered and unoccupied from the ground to the sky and
includes vacant land.
3.
CLEAN AND CLEAR YARDS
3.1
Every owner, lessee, or occupant shall keep their ground, yard or vacant land
free from holes or excavations, adequately drained, graded, clean, clear and free
from conditions that may be considered a health hazard, or a nuisance by the
surrounding lands and neighborhood.
3.2
For the purpose of 3.1, "keeping clear" includes:
a) The removal of dead, decayed or damaged trees or other natural growth and
the branches or limbs thereof which create an unsafe condition in relation to
their environment;
b) The removal, trimming, or cutting of excessive weeds or grass exceeding
20cm (8 inches) in height;
c) The removal of standing and stagnant water;
d) The removal of objects or any conditions that create or may constitute a
health or safety hazard;
e) The removal of all garbage, refuse, debris and domestic waste of any kind.
3.3
Every owner, lessee or occupant shall ensure that his or her land is free and
clear of any insect and or rodent infestation.
4.
UNSAFE OR HAZARDOUS CONDITIONS
4.1
No owner shall cause or permit an unfenced pit, excavation or other downward
slope which causes a safety hazard on their property.
4.2
No owner shall permit any well which is unprotected or which the presence of
which creates a risk, accident or injury.
4.3
No owner shall fail to comply with an order issued by the Officer to take remedial
act and carry out remedial work to remove any standing or stagnant water. Not
limiting the foregoing, such order may include a direction to fill or drain off the
water or the treatment of the same with larvicide.
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4.4
No owner shall keep a swimming pool, hot tub, wading pool or artificial pond
unless it is maintained in good repair, free of stagnant water and in good working
condition.
5.
OUTSIDE STORAGE OF REFUSE, COMPOST OR RECYCLABLE MATERIAL
5.1
Where refuse, compost or recyclable material is stored outside of the enclosed
walls of a building, the refuse, compost or recyclable material shall be stored only
in a side or rear yard, by an owner or occupant, in a container suitable for such
as purpose and in a manner that does not attract pests or create a health or
safety hazard due to the nature of the storage or through deterioration or misuse
of the storage facility.
5.2
Every owner or occupant shall carry out all composting in accordance with the
following requirements:
a) Only in the rear yard of a dwelling unit;
b) Kept in a container that is clean and sanitary to prevent odours or attracting
pests;
c) No feces shall be placed in a compost container or digester used for
composting;
d) Compost shall be set back at least 0.6 metres (2 feet) from any lot line;
e) No bones, meat, dairy or other fat products are permitted to be composted.
6.
VEHICLES AND MACHINERY
6.1
Except as provided in the Township of Wellington North Zoning By-law and
amendments thereto, no person shall use any land in the Township of Wellington
North for storing inoperative motor vehicles or used motor vehicles for the
purpose of wrecking or dismantling them or salvaging parts thereof for sale or
other disposal.
6.2
No machinery, vehicle, boat, trailer or part thereof which is in an unusable,
wrecked, discarded, dismantled, partially dismantled or abandoned condition,
shall not be stored or allowed to remain on any land by an owner or occupant
unless otherwise permitted by the Township of Wellington North Zoning By-law
and amendments thereto.
7.
EXCEPTIONS
7.1
Nothing in this by-law applies to prevent:
A lawfully licensed premises operating within the scope of a license that
specifically permits that which is prohibited by this by-law;
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a) Construction or works proceeding under a valid building permit;
b) The lawful outside storage of materials or things if this use is permitted under
and in compliance with, the Township of Wellington North Zoning By-law 66-
01.
8.
INSPECTIONS AND AUTHORITY
8.1
The Township may enter upon land at any reasonable time for the purpose of
carrying out an inspection to determine whether or not the following are being
complied with:
a) This by-law; or
b) An order made under s. 431 of the Municipal Act, 2001.
8.2
For the purpose of conducting an inspection pursuant to s. 8 (a) of this by-law,
the Township may, in accordance with the provisions of s. 436 of the Municipal
Act, 2001:
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
purpose of making copies or extracts;
c) Require information from any person concerning a matter related to the
inspection;
d) Alone or in conjunction with a person possessing special or expert
knowledge, make examination or take tests, samples, or photographs
necessary for the purpose of the inspection; and
e) No person shall hinder or obstruct, or attempt to hinder or obstruct, any
person who is exercising a power or performing a duty under this by-law.
9.
ORDER TO COMPLY
9.1
An Officer may, by personal service or by notice sent by registered mail to the
owner of the land or structure, require the Owner within the time specified in the
notice:
a) To clean, clear or remove from the land or structure: garbage, refuse or
domestic waste of any kind;
b) To cease using the land or structure for the dumping or disposing of garbage,
refuse, or domestic waste of any kind;
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c) To temporarily cover over, screen, shield or enclose the garbage, refuse of
the domestic waste until such time as the garbage is removed in the manner
prescribed by the Officer;
d) To pull down, repair or renew any structure (including but not limited to fences
and retaining walls) (not including buildings) that by reason of its ruinous or
dilapidated state is an unsafe condition;
e) To remove the inoperative motor vehicle(s);
f) To eliminate or remove any object or conditions that creates or might create a
health, fire or accident hazard;
g) To eliminate or remove the excrement of any domestic animal.
10.
RIGHT OF ENTRY
10.1 The Township, for the purpose of inspection and/or remedial action, may enter
upon the land and into structures other than a place actually used as a residential
dwelling unit, at any reasonable time, without warrant or notice.
10.2 A Person exercising a power of entry on behalf of the Township of Wellington
North under this By-law must, on request display or produce proper identification.
11.
REMEDIATION; REMOVAL BY TOWNSHIP
11.1 Where the owner is in default of doing any matter or thing directed or required to
be done under this by-law, an Officer may direct the completion and enforcement
of such at the owner's expense.
11.2 Where any matters or things are removed in accordance with subsection 11.1,
such matters or things may be immediately disposed of by the Officer.
11.3 The Township may recover the remedial action and enforcement costs incurred
under subsection 10.1 by action, or by adding them on the tax roll and collecting
them in the same manner as taxes in accordance with Section 446 of the
Municipal Act.
11.4 The Township may, prior to recovering costs incurred in subsection 11.1
pursuant to Section 446 of the Municipal Act by adding costs to the Municipal
Taxes, invoice owners requesting voluntary payment of said remedial action
costs.
11.5 The Township may place a lien on the property as per Section 446 of the
Municipal Act on any remedial action.
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12.
OFFENCES
12.1 Every person convicted of a breach of the provisions of this by-law shall be guilty
of an offence.
12.2 Every person who is convicted of an offence under this by-law shall be subject to
a fine not to exceed one thousand dollars ($1000.00) for each offence. Such
fines shall be recoverable under the Provincial Offences Act, R.S.O. 1990,
Chapter P. 22, as amended.
13.
PENALTIES
13.1 The provisions of this by-law may be enforced pursuant to the provisions of the
Provincial Offences Act, R.S.O. 1990 c.P 33 as amended, and where any
provision of this by-law is contravened and a conviction entered, in addition to
any other remedy and to any other penalty, a person so convicted may also be
prohibited from continuing or repeating the offence in accordance with the
provisions of s. 444 of the Municipal Act, S.O. 2001, as amended.
14.
SERVICE
14.1 A notice or order required by this Act to be served may be served personally, by
email to the last known email address of the person to whom service is required
to be made or by registered mail sent to the last known address of the person to
whom notice is to be given or to that person's agent for service. 1992, c. 23, s. 27
(1); 2019, c. 14, Sched. 14, s. 1 (1).
14.2 If a notice or order is served by registered mail, the service shall be deemed to
have been made on the fifth day after the day of mailing unless the person to
whom the notice or order is given or that person's agent for service establishes
that, acting in good faith, through absence, accident, illness or other unintentional
cause the notice was not received until a later date. 1992, c. 23, s. 27 (2); 1997,
c. 24, s. 224 (15).
14.3 If a notice or order is served by email, the service shall be deemed to have been
made on the day of sending unless,
14.3.1 the document was sent after 5 p.m., in which case service shall be
deemed to have been made on the following day; or
14.3.2 the person to whom the notice or order is given or that person's agent for
service establishes that, acting in good faith, through absence, accident,
illness or other unintentional cause, the notice was not received until a
later date. 2019, c. 14, Sched. 14, s. 1 (2).
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15.
OBSTRUCTION
14.1 In accordance with the provisions of the Municipal Act, S.O. 2001, c. 25, as
amended, Section 426 (1), no person shall hinder, interfere with or otherwise
obstruct, either directly or indirectly, an Officer, employee of the Township of
Wellington North and/or agent in the lawful exercise or power or duty under this
by-law.
16.
LIABILITY
15.1 The Township assumes no liability for property damage or personal injury
resulting from remedial action, remedial work and enforcement undertaken with
respect to any person or property that is subject of this by-law.
17.
VALIDITY AND SEVERABILITY
16.1 Should any section, subsection, clause, paragraph or provision of this by-law be
declared by a Court of competent jurisdiction to be invalid or unenforceable, the
same shall not affect the validity of the enforceability of any other provision of this
by-law, or of the by-law as a whole.
18.
SEPARATE OFFENCE
17.1 For the purpose of this by-law, each day of a continued offence may be deemed
to be a separate offence.
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19.
ENACTMENT
18.1 This by-law shall come into force and take effect immediately upon the final
passing thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED
THIS 27th DAY OF MAY, 2019.
ANDREW LENNOX, MAYOR
KARREN WALLACE, CLERK