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HomeMy WebLinkAbout19 124 Clean and Clear Yards By-law THE CORPORATION OF THE MUNICIPALITY OF KINCARDINE KBT .o • cnu-xu ® BY-LAW No. 2019 - 124 BEING A BY-LAW TO ESTABLISH STANDARDS FOR THE MAINTENANCE OF YARDS IN THE MUNICIPALITY OF KINCARDINE WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended provides that a municipality may pass by-laws respecting, inter alia, health, safety and the well-being of persons and waste management; • AND WHEREAS Section 127 of the Municipal Act, 2001 S.O. 2001, c.25 as amended authorizes municipalities to pass by-laws requiring land to be kept in a safe condition and free of debris and refuse; AND WHEREAS Section 128 of the Municipal Act, 2001 S.O. 2001, c.25 as amended authorizes municipalities 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 131 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may prohibit and regulate the use of any land 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; AND WHEREAS Section 425 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence 2006, c. 32, Sched. A, s. 184; 1111 AND WHEREAS Section 429 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may establish a system of fines for offences under a by-law of the municipality passed under this Act. 2006, c. 32, Sched. A, s. 184 AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c.25 as amended authorizes municipalities to direct that where a person has defaulted, the municipality may have the default remedied at the owner's expense and add the cost to the tax roll. AND WHEREAS the Council of The Corporation of the Municipality of Kincardine deems it expedient to establish standards for the maintenance of yards and properties in the Municipality of Kincardine; NOW THEREFORE the Council of The Corporation of the Municipality of Kincardine ENACTS as follows: 1. APPLICATION • a) This By-law shall apply to all properties located within the Corporation of the Municipality of Kincardine; Page 2 of 6 Clean and Clear Yards By-law By-law No. 2019 - 124 b) This By-law does not apply so as to prevent a farm operation or practice meeting the definition of "agricultural operation" and • "normal farm practice" under the Farming and Food Production Protection Act, 1998, SO 1998, c.1 as amended from carrying out a normal farm practice as provided for and defined under that Act; c) Where the provisions of this By-law conflict with the provisions of another By-law in force in the Municipality, the provision that establishes the higher standard to protect the health, safety and welfare of the general public shall prevail. 2. DEFINITIONS In this By-law: "Composting" — means the biological degradation or breakdown of organic material into a dark soil-like material called humus. "Excessive Growth of Grass or Weeds" - means grass or weeds which have • grown to a height so as to be inconsistent with the surrounding environment or over 20 cm in height. "Inoperative Motor-Vehicle" - means and includes a boat or any motor vehicle other as defined under the Highway Traffic Act, R.S.O. 1990, c. H.8, other than a motor vehicle which is currently licensed, and operable and owned by an owner or occupant of the property on which it is stored, unless it is permitted by the Municipality for the operation of a business enterprise lawfully situated on the property. "Last Known Address"- means the address, which appears on the last revised assessment rolls of The Corporation of the Municipality of Kincardine. "Municipality"- means The Corporation of the Municipality of Kincardine. "Notice"- means a form set out in Schedule "A" of this By-law. "Noxious Weed" - means a species of weed designated by or under the Weed IIIControl Act, R.S.O. 1990, c. W.5, as a noxious weed. "Occupant" - means the registered owner of property, tenant or occupant or person for the time being managing or receiving the rent from the property, whether on his or her own account or on account of an agent or trustee of any person or any one of the aforesaid. "Officer"- means a By-law or Property Standards Officer appointed by By-law or assigned the responsibility of enforcing and administering this By-law. "Official Plan" - means the Official Plan of The Municipality of Kincardine as amended. "Order"- means a form set out in Schedule "B" of the By-law. "Owner" - means the person in whom is vested the ownership, dominion or title of property and includes his or her agent, administrator or assignee. III "Person" - means an individual, firm, corporation, association or partnership, and shall include the occupant. "Property" - means any parcel of land or registered water lot and, without limiting the generality of the foregoing, shall mean lands and premises Page 3 of 6 Clean and Clear Yards By-law By-law No. 2019 - 124 appurtenant to a building or structure whether residential, institutional, commercial or industrial and includes vacant property. • "Refuse or Debris" - means any article, thing, or matter that has been cast aside or discarded or abandoned, whether of any value or not, or that has been used up in whole or in part, or expended, or worn out in whole, or in part , and without limiting the generality of the foregoing shall include: a) garbage, rubbish, junk or litter; b) grass clippings, tree and garden cuttings, brush and leaves which are not part of a horticultural or composting process; c) unusable containers such as crockery, dishes, glassware, bottles, plastic containers and cans; d) discarded paper, paper products, cardboard, clothing; e) discarded weighty or bulky materials such as stoves, refrigerators and other such appliances, furniture, furnace parts, pipes, water or fuel tanks; f) any unused, abandoned, dismantled or inoperative Motor vehicle, • as defined herein; g) any wrecked, dismantled, discarded vehicle or automotive parts or accessories, mechanical parts, unmounted or mounted tires, accessories or adjuncts to any vehicle or mechanical equipment; h) any all-terrain vehicle, motor home, trailer, motorized snow vehicle, motorized recreational vehicle or camper, traction engine, farm or lawn tractor, road-building machine or a vehicle drawn, propelled or driven by any kind of power including horse power or manpower, boat, watercraft or trailer or part thereof, which is unlicensed and/ or in a wrecked, discarded, dismantled, inoperative or abandoned condition unless it is necessary for the operation of a business lawfully situated on the property; i) discarded, unused or waste materials resulting from or as part of construction, alteration, repair or demolition of any building or structure or old or decayed lumber; j) debris, objects or conditions that may create a health, fire or accident hazard; • k) Discarded, dead, diseased, decayed or damaged trees or brush. "Stagnant Water" - means non-flowing, motionless or stale water that has remained in a location for a period exceeding four days as observed and recorded by an officer. "Vehicle" means a motor vehicle, any all-terrain vehicle, motor home, motorized snow vehicle, motorized recreational vehicle or camper, traction engine, farm or lawn tractor, road-building machine or a vehicle drawn, propelled or driven by any kind of power including horse power and manpower, including a boat, watercraft or trailer or part thereof. "Yard" means the land other than publicly owned land within the boundary lines of a property not occupied by a principal building, if any, and includes grounds or vacant property, and shall include any land around or appurtenant to the whole or any part of a property and used or capable of being used in connection with the property, including the boulevard and drive way apron abutting the respective • property. 3. GENERAL STANDARDS FOR ALL PROPERTY Page 4 of 6 Clean and Clear Yards By-law By-law No. 2019 - 124 3.1 Every owner or occupant of a property shall maintain the yard of said property clean and free from refuse or debris. III 3.2 Every owner or occupant shall keep their property free and clear of infestations of injurious insects, rodents, vermin or other pests. 3.3 Every owner or occupant shall keep the yard at their property free from conditions such as holes or excavations that might create a health, safety or accident hazard. 3.4 No owner or occupant shall use a yard for the parking, storage, keeping or placement of inoperative motor vehicles. 4. GRASS- TREES- BRUSH- HEDGES- LANDSCAPING 4.1 Every owner or occupant of a property shall keep their yard at the said property free from excessive growth of grass or weeds. 4.2 Every owner or occupant of a property shall keep the yard at the said property free from noxious weeds. ID 4.3 Every owner or occupant shall keep hedges and trees at the property adjacent to a public sidewalk, walkway or roadway cut and trimmed so as to allow safe, unhindered passage. 4.4 Every owner or occupant of a corner lot shall keep hedges and trees within the sight triangle as defined in the Comprehensive Zoning By-law as amended, at a height no greater than 0.5 meters. 4.5 Every owner or occupant shall ensure that trimmings from the property are not left on roadways intended for vehicular use, public sidewalks or trails intended for pedestrian traffic. 4.6 Every owner or occupant shall keep all sodded and grass covered areas of the property in a good living condition and properly maintained so as not to present an unsightly appearance. 5. STAGNANT WATER III 5.1 Every owner or occupant shall keep their property free and clear of stagnant water. This section shall not apply to property designated as Environmentally Sensitive Policy Areas, Environmentally Sensitive Landscapes or Provincially Significant Wetlands as designated in the Official Plan or Environmental Preservation Areas in the Municipality of Kincardines Official Plan, or to marshes, swamps, bogs, and fens, natural bodies of water, storm water retention ponds and recreational types of ponds. 6. COMPOST HEAPS 6.1 No owner or occupant shall permit composting of any kind other than in accordance with this By-law. 6.2 All compositing shall be carried out in accordance with the following requirements: a) a composting heap shall be no larger than two square meters and 1.8 meters in height and shall be enclosed in such a manner so as to prevent III the infestation of vermin and to ensure that no noticeable and objectionable odors are created; and b) a compost heap shall not be located in a front or an exterior side yard; and c) a compost heap shall not be located less than one meter from a property line; and Page 5 of 6 Clean and Clear Yards By-law By-law No. 2019 - 124 d) No domesticated animal feces shall be placed on a compost heap, container or digester used for composting. III7. ADMINISTRATION AND ENFORCEMENT 7.1 Where the Municipality is satisfied that a contravention of this by-law has occurred, the Officer may notify the owner or occupant or other person responsible for the maintenance of the property, by delivering a Notice in the form attached hereto as Schedule "A" or in the form of an Order attached hereto as Schedule "B", directing that the property be made to comply with the provisions of this By-law within a defined period of time, but not less than seventy two (72) hours from the date of the Notice. Said Notice or Order shall be sent to the address as shown on the last revised assessment rolls of the Municipality by regular mail, or delivered personally to the owner, occupant or person responsible for the property. 7.2 An officer may 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 to do it, the matter or thing may be done at the person expense. 7.3 In the event an Officer is unable to serve the Notice or Order by regular mail • or personally, the Notice or Order may be posted in a conspicuous place on the property, and the placing of the Notice or Order shall be deemed to be sufficient service. 7.4 Where the owner or occupant fails to comply with any final and binding Order issued under this By-law, the Municipality may have the matter done and the cost thereof, including an administration fee, shall be added to the property tax roll for the property and collected in the same manner of as municipal taxes. 7.5 The Municipality or its agent, is not liable to compensate the occupant, owner or any other person by reason of anything done by or on behalf of the Municipality in the exercise of its powers carrying out compliance with this By-law. 7.6 Where an officer deems a violation of this By-law to constitute a hazard to the public, the officer may, without notice, cause the violation to be remedied at the expense of the owner. The Municipality shall not be responsible for IIIany damages that may be sustained by the property of the owner. 7.7 Every person who contravenes any provision of this By-law is guilty of an offence and upon conviction is liable to the penalties as provided for in the Provincial Offences Act, R.S.O. 1990, c.P. 33, as amended. 7.8 Every person shall comply with an Order or Notice issued under the authority of this By-law. 7.9 No person shall hinder or obstruct, or attempt to hinder or obstruct, any person who is exercising a power or preforming a duty under this by-law. 8. OFFICERS 8.1 The Council of the Municipality shall appoint a By-law Officer to be responsible for the administration and enforcement of this By-law. 8.2 Pursuant to section 435 and 436 of the Municipal Act, 2001, S.O. 2001, c.25 III as amended, an Officer may enter upon property at any reasonable time for the purpose of carrying out inspections to determine whether the provisions of this by-law are being complied with. 8.3 If an article of this By-law is for any reason held to be invalid, the remaining Page 6 of 6 Clean and Clear Yards By-law By-law No. 2019 - 124 articles shall remain in full force and effect until repealed. 8.4 This By-law shall come into full force and effect on the day of its passing. 111 8.5 This By-law may be cited as the "Clean & Clear Yards By-law". READ a FIRST and SECOND TIME this 7th day of October, 2019. READ a THIRD TIME and FINALLY PASSED this 7th day of October, 2019. Mayor Clerk �1 1111 1111 1111 Schedule "A" NOTICE • Regarding: Date Issued: Issued To: Address Of Contravention: An inspection of the above mentioned property revealed that a provision(s) of the Clean and Clear Yards By-law is being contravened. You are hereby directed to correct the following violation(s) within the time indicated below from the date issued on this Notice. Charges May be Forthcoming if the violation is not corrected within the time shown below. This Notice does not authorize continuance of the violation(s). MUNICIPAL SECTION VIOLATION(S) REMEDIAL TO BE COMPLIED BY-LAW ACTION WITHIN: • REQUIRED Please contact the undersigned if you wish to discuss this matter further with the Officer. Officer name and signature: Ill III Schedule "B" ORDER • Regarding: Date Issued: Issued To: Address Of Contravention: An inspection of the above mentioned property revealed that a provision(s) of the Clean and Clear Yards By-law is being contravened. You are hereby directed to correct the following violation(s) within calendar days of the date issued on this Order. MUNICIPAL SECTION VIOLATION(S) CORRECTIVE ACTION BY-LAW TAKE NOTICE THAT the Municipal Act, 2001 S.O. 2001, c.25 as amended, authorizes • municipalities to direct that where an owner has defaulted, the municipality may have the default remedied at the owners expense and add the cost to the tax roll. This Order DOES NOT authorize continuance of the violation(s). OFFENCE- Any person who contravenes any of the provisions of this by-law or who fails to comply with the written Notice or Order of an Officer is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c P.33. Officer name and signature: • • OFFICE OF THE REGIONAL SENIOR JUSTICE 1"yam CABINET DU JUGE PRINCIPAL REGIONAL ONTARIO COURT OF JUSTICE MIMI. COUR DE JUSTICE DE L'ONTARIO WEST REGION ii\k . REGION DE L'OUEST ar 80 DUNDAS STREET, 10`"FLOOR, UNIT L iirOtY . 80, RUE DUNDAS, 10`ETAGE,UNITE L LONDON,ONTARIO N6A 6A8 LONDON(ONTARIO) N6A 6A8 TELEPHONE/TELEPHONE(519)660-2292 FAX/TELECOPIEUR(51 9)660-3138 December 12th, 2019 %,_ Dallas Hewitt J; ;`! 0 Municipal Administration Centre „ ,y, 1475 Concession 5 R.R. #5 Kincardine, ON N2Z 2X6r�"'''" '"" rr Dear Mr. Hewitt: Re: Set Fines - Provincial Offences Act - Part I By-law Number 2019-124, of the Municipality of Kincardine Enclosed herewith is an original Order, and an original schedule of set fines for the above referenced By-Law, the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the copy of the Order and the schedules of set fines to the Provincial Offences Court in Owen Sound, together with a copy of the By-law. Yours truly, , p 11Il J i E. LeRoy Rional Senior Jus ce W- t Region encl. /mg PROVINCIAL OFFENCES ACT Part I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No. 2019-124, of the Municipality of Kincardine, attached hereto are the set fines for those offences. This Order is to take effect December 12th, 2019. Dated at London this 12th day of December 2019. IP J nine E. LeRoy R gional Senior Justice West Region The Municipality of Kincardine Part I Provencal Offences Act Bylaw No. 2019- 124: Clean & Clear Yards Page 1 of 1 Item COLUMN 1 COLUMN 2 COLUMN 3 Short form wording. Provision creating or Set fine defining offence 1 Fail to keep property Section 3.1 150.00 free from refuse or debris 2 Fail to keep property Section 3.2 150.00 free from infestations 3 Fail to keep property Section 3.3 150.00 free from hazards 4 Fail to keep property Section 3.4 150.00 free from inoperative vehicles 5 Fail to keep yard free Section 4.1 150.00 of excessive growth 6 Fail to remove noxious Section 4.2 150.00 weeds 7 Fail to maintain Section 4.3 150.00 passage 8 Fail to maintain sight Section 4.4 150.00 triangle 9 Fail to remove Section 4.5 150.00 trimmings 10 Fail to maintain sodded Section 4.6 150.00 and grass covered areas 11 Fail to keep property Section 5.1 150.00 free of stagnant water 12 Fail to comply with a Section 7.8 350.00 Notice or Order 13 Obstruct or Hinder an Section 7.9 250.00 Officer The penalty provision for the offences indicated above is section 7.7 of By-Law No. 2019-124, a certified copy of which has been filed.