2010-09 Cleaning and Clearing of Land By-Law

THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD

     BY-LAW NO.  2010-09

CLEANING AND CLEARING OF LAND BY-LAW

Being a By-law for requiring and regulating, the cleaning and clearing of land; the clearing of refuse or debris from lands; and prohibiting the depositing of refuse or debris on land in the Township of Southwold.

No amendments to date.

This by-law is printed under and by authority of the Council of the Township of Southwold.

Disclaimer: The following by-law is an electronic reproduction made available for information only. It is not an official version of the by-law. The format may be different, and plans, pictures, other graphics, or text may be missing or altered. The Township of Southwold does not warrant the accuracy of this electronic version. This by-law cannot be distributed or used for commercial purposes. It may be used for other purposes only if you repeat this disclaimer and the notice of copyright. Official versions of all by-laws can be obtained from the Clerk’s Department by calling 519-769-2010.

WHEREAS subsection 5(3) of the Municipal Act, 2001 provides that a municipal power shall be exercised by by-law;

WHEREAS section 9 of the Municipal Act, 2001 grants the council of a municipality the capacity, rights, powers and privileges of a natural person;

WHEREAS section 11 of the Municipal Act, 2001 authorizes council to pass by-laws with respect to the health, safety and well-being of persons and the economic, social and environmental well-being of the municipality;

WHEREAS, without limiting the generality of sections 10 and 11 of the Municipal Act, 2001, section 127 of the Municipal Act, 2001 authorizes the Council to pass a by-law to regulate the cleaning and clearing of land, including refuse and/or debris from land;

AND WHEREAS zoning by-laws are in effect in the Township of Southwold applying to lands in the Township of Southwold to regulate the use of land and the erection, location and use of buildings and structures;

NOW THEREFORE the Council of the Township of Southwold enacts as follows:

TABLE OF CONTENTS

1. Short Title

2. Definitions

3. Prohibited Matters

4. Ponds and Excavations

5. Drainage

6. Waste On Land

7. Derelict or Abandoned Motor Vehicles and Similar Items

8. Built-Up Areas

9. Inspections, Notice and Enforcement

10. Offence

11. Gender

12. Severability

13. Effective Date

Schedule A

Schedule B

1.         Short Title

This By-law may be cited as the Cleaning and Clearing of Land By-law.

2.         Definitions

2.1       Built-Up Area, shall mean:

i)       Lands as shown on Schedule “A” to this By-law;

ii)      Lands zoned Residential in the Township of Southwold Zoning By-law No.  1677, as amended from time to time.

2.2       By-law Enforcement Officer, shall mean a police officer or the person appointed, by by-law, by the Municipality for the purposes of administering and enforcing the provisions of this By-law and/or designate as authorized by Council to enforce the provisions and amendments to this by-law.

2.3       Cleared, shall mean the removal of weeds or grass more than 20 centimetres in height and the removal of stockpiles of soil or other earthen material not required for lawn or garden-related purposes or to complete the grading of the lot on which the stockpile is located.

2.4       Commercial Vehicle, shall mean every vehicle designed, maintained, or used primarily for the transportation of property in the furtherance of commercial enterprise or for supplying of services in the furtherance of commercial enterprise and, for greater certainty, includes tractors, dumpsters and backhoes.

2.5       Domestic Refuse, shall mean any article, thing, matter or effluent belonging to, or associated with a place of residence that appears to be waste material, and includes, but is not limited to:

i)       grass clippings, weeds, tree cuttings, brush, leaves and garden refuse;

ii)       paper, clothing, cardboard packaging and wrapping;

iii)      kitchen and table waste, of animal or vegetable origin resulting from the preparation or consumption of foods;

iv)     cans, glass, plastic containers, dishes;

v)      old or decayed lumber, new or used material resulting from or for the purpose of construction, alteration, repair or demolition of any building or structure;

vi)     refrigerators, stoves, dishwashers, freezers or other appliances and used furniture;

vii)    bathroom fixtures and plumbing parts and materials;

viii)   furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;

ix)     unlicensed motor vehicles, derelict or abandoned motor vehicles; motor vehicle parts and accessories, vehicle tires mounted or not mounted on rims, mechanical equipment;

x)      tires;

xi)     derelict machinery and equipment;

xii)    rubble and  inert fill, fencing materials;

xiii)   sewage

2.6       Excavation, shall mean any man-made opening or depression in the ground, but shall not include a pit licensed under the Aggregate Resources Act, an abandoned pit, a farm or irrigation pond, a fish pond or a water garden.

2.7       Farm or Irrigation Pond, shall mean a body of water situated outdoors, contained by natural or artificial means and designed, used, or intended for agricultural purposes including irrigation and watering for livestock but not for recreational purposes.

2.8       Fence, shall mean a wall (other than the wall of a building), gate or other barrier constructed of wood, masonry, metal, vinyl, plastic or other manufactured material, or combination thereof, which is continuous throughout its entire length where required, save and except where access areas and lines of sight are required for safety purposes.

2.9       Industrial Refuse, shall mean any article, thing, matter or effluent belonging to, or associated with, industry or commerce or concerning or relating to any manufacturing process or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes, but is not limited to:

i)       pipes, tubes, conduits, cable, fittings or adjuncts thereof;

ii)      containers or any size, type or composition;

iii)     rubble and inert fill;

iv)    unlicensed motor vehicles, derelict or abandoned motor vehicles, motor vehicle parts and tires mounted or not mounted on rims, mechanical equipment;

v)     derelict machinery and equipment

vi)    articles, things, matter, effluent which is whole or in part or fragments thereof are derived from or are constituted from or consist of agricultural, animal, vegetable, papers, lumber or wood products; or mineral, metal or chemical products whether or not the products are manufactured or otherwise processed;

vii)   bones, feathers, furs, hides;

viii)  paper, cardboard packaging and wrapping;

ix)    material resulting from, or as part of, construction or demolition;

x)     sewage

2.10     Land, shall mean grounds, property, yards, or vacant lots or any part of a lot which is not beneath a building.

2.11     Landscaped Open Space, shall mean the area of a lot which is used for the growth and maintenance of grass, flowers, shrubbery and other landscaping materials, both natural and artificial, and includes any surfaced walk, patio, or similar area, but does not include any access driveway or ramp, parking lot, deck or any space beneath or within any building or structure.

2.12     Motor Vehicle, shall mean an automobile, motorcycle, motor assisted bicycle and any other vehicle propelled or driven other than by muscular power.

2.13     Motor Vehicle, Derelict or Abandoned, shall mean a motor vehicle that is in a state of advanced disrepair having missing or damaged parts or deteriorated body conditions which renders it inoperative and may include a motor vehicle that has been evidently abandoned by its owner and left in a place or state of apparent disuse or disinterest by the owner regardless of whether it is either operable or inoperable or licensed or unlicensed for operation.

2.14     Motor Vehicle, Restorable, shall mean a motor vehicle of such an age, or other unique quality or category, that the owner thereof can demonstrate and has demonstrated a credible intention to restore same to its original or comparable condition and, further thereto, the said motor vehicle is being stored in a manner in keeping with the said intention to restore same.

2.15     Municipality, shall mean the Corporation of the Township of Southwold.

2.16     Owner, includes an owner, occupant, lessee, tenant and mortgagee of Land and also includes any other person in charge of Land.

2.17     Rubble, shall mean broken concrete, bricks, broken asphalt, patio or sidewalk slabs or combination thereof.

2.18     Sewage, shall mean any waste containing animal, 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 stormwater run-off.

2.19     Sight Triangle, shall mean the triangular space formed by the street lines of a corner lot where such lot is located at the intersection of two or more streets and a line drawn from a point in one street line to a point in the other street line, each such point being six (6.0) metres from the point of intersection of the street lines measured along the said street lines, and where the two street lines do not intersect at a point, the point of intersection of the street lines shall be deemed to be the intersection of the projected tangents of the street lines drawn through the extremities of the interior lot lines.

2.20     unlicensed, shall mean the lack of a currently validated permit for the motor vehicle within the meaning of the Highway Traffic Act, displayed on the motor vehicle.

2.21   Waste, means Domestic Refuse and Industrial Refuse as defined herein   and also includes material or effluent that, in the opinion of the By-law Enforcement Officer:

i)     appears to have been cast aside or discarded or abandoned; or

ii)    appears to be worthless or useless or of no practical value; or

iii)   appears to be use up, in whole or in part, expended or worn out in whole or in part.

2.22     Yard, shall mean the land around and appurtenant to the whole or any part of a building and used or intended to be used, or capable of being used in connection with that building and notwithstanding the foregoing, shall mean land as defined herein.

3.         Prohibited Matters

3.1       No owner shall, unless otherwise exempted by this By-law, fail to clear land of domestic refuse and or industrial refuse.

3.2     No owner shall, unless otherwise exempted by this By-law, fail to enclose an excavation in accordance with Section 4. 

3.3     No owner shall, unless otherwise exempted by this By-law, fail to drain an accumulation of water exceeding 30 centimeters in depth.

3.4     No person shall, unless otherwise exempted by this By-law, deposit domestic waste or industrial waste on land without consent of the owner.

4.         Ponds and Excavations

4.1       Every owner shall fill in any excavation to adjacent grade with non-contaminated fill unless:

i)         the excavation is enclosed completely by a fence having a minimum height of one and one-half (1.5) metres, and;

ii)        construction is proceeding for which a valid building permit has been issued.

4.2       Every owner shall drain land of accumulations of water that exceed 30 centimetres in depth unless the water:

i)         is completely enclosed by a barrier of at least 1.0 metres in height; or

ii)        constitutes a storm water management pond approved by the Municipality; or

iii)       constitutes a natural body of water or results from the periodic flooding of a natural watercourse; or

iv)      constitutes a farm pond or irrigation pond; or

v)       constitutes a water garden or fish pond; or

vi)      constitutes a private drain or a municipal drain; or

vii)     constitutes a legally maintained swimming pool provided that such pool is completely enclosed by a barrier of at least 1.2 metres in height.

5.         Drainage

5.1      Stormwater runoff from any downspout or any impervious surface shall be directed away from neighbouring lands. Lands shall be graded and maintained to prevent ponding or the entry of water into a basement or cellar.

5.2     Ditches, private drains, swales and watercourses shall be maintained to facilitate the unimpeded flow of water and prevent ponding.

5.3     No stormwater or roof water shall be discharged onto a sidewalk, walkway, steps, porch or other pedestrian access which may be hazardous or result in a potential safety risk.

5.4    No weeping tile, foundation drain, roof drain, or land drain shall be connected or discharged into any sanitary sewage system.

5.5    Only Indirect connections of weeping tile, foundation drains, roof drains or land drains shall be made to storm drainage system.

6.         Waste On Land

6.1          Every owner shall keep his land cleaned, cleared and free from domestic refuse and industrial refuse unless:

i)       the land is zoned for the purposes of outdoor storage of domestic refuse and industrial refuse; or

ii)      the land is owned, licensed and used by the Municipality for the purposes of dumping or disposing domestic refuse and/or industrial refuse.

6.2       Notwithstanding Section 6.1 to the contrary, lands may be used for the sale and display of household goods, furnishings, apparel and similar articles provided such sale and display is limited to not more than three days in any calendar year with the exception of home made articles, crafts, things or goods made by those residing on the premises provided the sale and display does not exceed 35% of the front yard or exterior side yard.

6.3       Leaves, twigs, branches, grass clippings, plants and other biodegradable matter may be composted on land provided such composting is confined to a rear yard, is situated at least one (1.0) metre from a property line and is undertaken a manner which prevents any noxious odour emitting therefrom or is otherwise disposed of in accordance with the standards and regulations of the Municipality.

7.         Derelict or Abandoned Motor Vehicles and Similar Items

7.1       Lands shall be kept free and clear of derelict or abandoned motor vehicles, railway cars, trailers, boats and street car bodies unless such land:

i)       is licensed as a salvage yard by the Municipality; or

ii)      constitutes a waste disposal site for which a Certificate of Approval or a provisional Certificate of Approval has been issued under the Environmental Protection Act; or

iii)     constitutes a permitted use and is in conformity with the Zoning By-law, or otherwise constitutes a legal non-conforming use under the Planning Act.

7.2    Lands shall be kept free and clear of disused or in-operative farm equipment and machinery unless such land is zoned Open Space in the Township of Southwold Zoning By-law No. 1677, as amended, and unless such equipment and machinery is maintained in a neat and tidy fashion and confined to an area not exceeding 100 square metres in an OS zone and to an area not exceeding 50 square metres in an OS reduced acreage zone and situated in a rear yard.

8.         Built-Up Areas

In addition to all other requirements of this By-law, the following regulations shall apply to built-up areas as defined or as otherwise shown on Schedule “A” to this By-law.

8.1     Weeds and grass shall not be permitted to grow or stand greater than 20 centimetres in height.

8.2   Hedges and trees adjacent to a public sidewalk or road shall be cut and trimmed so as to permit safe and unhindered passage.

8.3   Yards shall be kept free from undergrowth or underbrush, and from dead, decayed or damaged trees, and branches and limbs which may create an unkempt or unsafe condition, including a potential fire hazard, or harbour pests or vermin.

8.4   Yards shall be maintained as landscaped open space except where otherwise occupied by buildings and structures, driveways, fences, and/or patios or decks.

8.5   Within a sight triangle, no shrubs or foliage shall be planted or maintained and no fence, other than a chain link or similar type fence, shall be erected or maintained between a height of 0.6 metres and 3.0 metres above the centreline grade of the intersecting streets.

8.6   All sidewalks, driveways, parking areas and loading areas shall be maintained in good condition, so as to afford safe passage under normal use and weather conditions.

8.7   All fences shall be maintained in a safe and structurally sound condition and reasonably plumb unless specifically designed to be other than vertical. Wood fences shall be protected by preservative, paint or other weather resistant material unless constructed from pressure treated lumber.

8.8  All lands shall be kept free of rodents, vermin, termites and other injurious insects and pests.

8.9          A maximum of one (1) restorable motor vehicle may be parked in a driveway in a built-up area.

8.10       Notwithstanding the provision of Section 4.2 (v) every owner shall drain land of accumulations of water that exceed 30 centimetres in depth unless the water constitutes a water garden or fish pond that is completely enclosed by a barrier of a least 1.2 metres in height.

8.11     Yard shall be kept free and clear of commercial vehicles unless such yard is factory property that constitutes a permitted use and is in conformity with the Zoning By-law or otherwise constitutes a legal non-conforming use under the      Planning Act.

8.12     Notwithstanding section 8.11 to the contrary, the use of buses, trucks, trailers, vans, and similar motor vehicles together or parts thereof and commercial vehicles may be permitted provided they satisfy the provisions of the Zoning By-law for accessory buildings and are maintained to the satisfaction of the Municipality.

9.         Inspections, Notice and Enforcement

9.1       Default – not remedied – fee

Where anything required or directed to be done in accordance with this by-law is not done, the Chief Building Official or persons designated by the Chief Building Official for the Township appointed pursuant to the Building Code Act may upon such notice as he deems suitable, do such thing at the expense of the person required to do it, and in so doing may charge an administration fee of 15% of such expense with a minimum fee of $100.00, and both the expense and fee may be recovered by action or by adding the costs to the tax roll and collecting them in the same manner as municipal taxes.

9.2       Removal

Where any of the matters or things are removed in accordance with section 9.1 of this by-law, the matters or things may be immediately disposed of by the Chief Building Official, or his designate.

9.3       Officer – entry to inspect

A By-Law Enforcement Officer designated to perform inspections pursuant to this by-law may at all reasonable times, enter upon any premises for the purpose of carrying out an inspection to determine whether or not the provisions of this by-law have been complied with.

No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an officer.

9.4       Township – bring property to compliance

Where the Township pursuant to section 9.3 of this by-law, a By-Law Enforcement Officer may enter onto the lands accompanied by any person under his or her direction, and with the appropriate equipment as required, to bring the property into compliance with this by-law.

9.5       Order to Discontinue Activity

If a By-law enforcement officer is satisfied that this by-law has been contravened, the officer may make an order, known as an Order to Discontinue Activity, requiring the person who contravened the by-law, or who caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to discontinue the contravention.

9.6       Order to Discontinue Activity - particulars

An Order to Discontinue Activity shall set out:

(a) the municipal address of the property on which the contravention occurred;

(b) the date(s) of the contravention;

(c) the reasonable particulars of the contravention of the by-law;

(d) the date by which there must be compliance with the order; and

(e) the date on which the order expires.

9.7       Order to Discontinue Activity - service

The Order to Discontinue Activity may be served personally on the person to whom it is directed or by regular mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it is mailed. Service on a corporation can be effected by registered mail to the corporate mailing address.

9.8       Work Order – contravention of by-law

If a By-Law Enforcement Officer is satisfied that a contravention of the by-law has occurred, the officer may make an order, known as a Work Order, requiring the person who contravened the by-law or who caused or permitted the contravention or the owner or occupier of the land on which the contravention occurred to do the work to correct the contravention.

9.9     Work Order - contents

The Work Order shall set out:

(a) the municipal address or the legal description of the land;

(b) reasonable particulars of the contravention and of the work to be done;

(c) a deadline, being a specific date, for compliance with the Work Order; and

(d) a notice that if the work is not done in compliance with the Work Order by the deadline, the municipality may have the work done at the expense of the owner and the cost of the work may be recovered by adding the costs to the tax roll and collecting them in the same manner as municipal taxes.

9.10     Work Order – service

The Work Order may be served personally on the person to whom it is directed or by regular mail to the last known address of that person, in which case it shall be deemed to have been given on the third day after it is mailed. Service on a corporation can be effected by registered mail to the corporate mailing address.

9.11 Work Order – unable to effect service

If the Township is unable to effect service on the owner under section 9.10, it shall place a placard containing the terms of the Work Order in a conspicuous place on the land and may enter on the land for this purpose. The placing of the placard shall be deemed to be sufficient service of the Work Order.

9.12 Township Not Liable 

The Township assumes no liability for property damage or personal injury resulting from remedial action or remedial work undertaken with respect to any person or property that is subject of this by-law.

9.13     In the event of any conflict between this Bylaw and any other By-law of the Township of Southwold, the more restrictive provision shall prevail unless the context requires otherwise. 

10.       Offence

10.1     Every person who contravenes any provision of this By-law is guilty of an offence and, upon conviction is liable to a fine and penalty prescribed in the Provincial Offences Act, R.S.O. 1990, C.P.33.  Each day that such offence is committed, or permitted to continue, shall constitute a separate offence and may be punishable as such.

10.2     Upon conviction, the court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted and such order shall be in addition to any other penalty imposed on the person convicted.

11.       Gender

11.1     All references to the masculine gender shall, where appropriate include references to the feminine gender and all references to the singular shall, where appropriate, include references to the plural.

12.       Severability

12.1     If any section or sections of this By-law or parts thereof be found by any court to be illegal or beyond the power of the Municipality to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this By-law shall be deemed to be separate and independent and continue in full force and effect unless and until similarly found and this By-law shall be enacted as such.

13.       Effective Date

13.1       This by-law shall come into force and effect upon approval of the set fine schedule (Schedule "B") by the Office of the Regional Senior Justice Ontario Court of Justice West Region.

14.        By-law 2007-37 and By-law 2008-19 are hereby repealed.

15.        Attached to and forming part of this by-law is a map, marked as Schedule "A", showing built up areas

16.        Attached to and forming part of this by-law is Schedule "B" Set Fine Schedule shall form part of this by-law.

READ A FIRST AND SECOND TIME THIS 25^th DAY OF JANUARY, 2010.

___________________________                                  _______________________

Clerk                                                                                  Mayor

READ A THIRD TIME AND FINALLY PASSED THIS 8^th DAY OF FEBRUARY 2010.

__________________________                                     _______________________

Clerk                                                                                 Mayor

Schedule A

Schedule B

Cleaning and Clearing of Land

Township of Southwold

Part 1 - Provincial Offences Act

Note: The general penalty section for the offences cited is Section 61 of the Provincial Offences Act, R.S.O. 1990, Chp. 33