THE CORPORATION OF THE TOWNSHIP OF ADELAIDE METCALFE TIDY YARD BY-LAW NO

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Emerald Pearson
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1 THE CORPORATION OF THE TOWNSHIP OF ADELAIDE METCALFE TIDY YARD BY-LAW NO "A By-Law Requiring and Regulating the Cleaning of Land and Clearing Land of Waste" WHEREAS paragraphs 127 and 128 of the Municipal Act 2001 authorizes Council to pass By-Laws as follows: AND WHEREAS Section 127 of the Municipal Act, 2001 provides that a municipality may require the owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings; may regulate when and how matters required under the by-law may be done; may prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land; may define "refuse" for the purpose of the by-law; may regulate when and how the owner or occupant of land cleans and clears the land or to clear refuse or debris from the land; AND WHEREAS Section 128 of the Municipal Act, 2001 provides that a 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 it is the opinion of Council that the failure to clear refuse and debris from land is a public nuisance, including the spread of vermin; 1. A By-Law under this paragraph: (i) May establish a schedule of fees chargeable upon the inspection of such regulated land or structures, (ii) May require owners, lessees or occupants of such land or structures, at the expense of the owner, lessees or occupants, to cease using such land or structure for such purpose, or to remove or cover any garbage, refuse, or domestic or industrial waste in any prescribed manner, whether or not such land or structures were so used before the passing of the By-Law, (iii) May define industrial or domestic waste NOW THEREFORE pursuant to the above mentioned powers and all other powers thereunto enabling the Council of the Corporation of the Township of Adelaide Metcalfe ENACTS AS FOLLOWS: SECTION 1 TITLE, APPLICATION AND SCOPE 1.1 TITLE The short title of the By-Law is the "Tidy Yard By-Law"

1.2 APPLICATION The provisions of this By-Law shall apply to all lands within the Township of Adelaide Metcalfe which are not zoned and used for agricultural purposes; and in this section, lands are

2 1.2 APPLICATION The provisions of this By-Law shall apply to all lands within the Township of Adelaide Metcalfe which are not zoned and used for agricultural purposes; and in this section, lands are zoned for agricultural purposes if they are within the Agricultural (A) Zone of the Adelaide Metcalfe Comprehensive Zoning By-Law # SPREADING MANURE NOT PROHIBITED Nothing in this By-Law prevents the spreading of manure on farm fields in accordance with acceptable normal farm practices 1.4 SCOPE OF THIS BY-LAW a) Where there is any conflict between the requirements of this By-Law and those of any regulatory body, those of the regulatory body shall prevail unless the requirements of this By-Law are more demanding, in which case the requirements of this By-Law will prevail. b) If any provision of this By-Law shall be found or declared by a Court of competent jurisdiction to be invalid, unenforceable or ultra vires then, such provision shall conclusively be deemed to be severable and the remainder of this By-Law, mutates mutandis, shall remain in full force and effect. SECTION 2 DEFINITIONS 2.1 DOMESTIC WASTE means any article, thing, matter or effluent, belonging to or with a residence, household, dwelling unit or family that appears to be waste material, and includes but not limited to the following classes of waste material: a) Grass clippings, tree cuttings, brush, leaves and garden refuse, dead trees or portion thereof which shall include branches, but excluding defined compost piles no larger than 1 square meter in size and 1.8 meters in height b) Paper, cardboard, clothing c) All kitchen and table waste, animal or vegetable origin resulting fromthe preparation or consumption of food, excluding material in a definite compost pile no larger than 1 meter square in size and 1.8 meters in height d) Glass, cans, plastic containers, dishes and cutlery e) New or used material resulting from or for the purpose of construction, alteration, repair, or demolition of any building or structure f) Refrigerators, freezers, stoves or other appliances and furniture. g) Inoperative or surplus furnaces, or parts thereof, wood/gas/electric fireplaces or parts thereof, pipes, fittings to pipes, water or fuel tanks or parts thereof h) Wood, gas or electric fireplaces or parts thereof, i) Pipes, fittings to pipes, water or fuel tanks or part thereof j) Without limiting or restricting the generality of the foregoing, all inoperative or unlicensed motor vehicles, recreational vehicles,

agricultural equipment or implements, marine or aeronautical vessels or equipment, mechanical parts, accessories or adjuncts to vehicles or mechanical equipment or any derivatives of the foregoing,

3 agricultural equipment or implements, marine or aeronautical vessels or equipment, mechanical parts, accessories or adjuncts to vehicles or mechanical equipment or any derivatives of the foregoing, rubble, inert fill, fencing materials, sewage. k) Rubble inert fill, fencing material or sewage. I) Refuse "refuse' means any article, thing, matter, substance or effluent that: has been cast aside, discharged or abandoned or; is discarded from its usual and intended use or; is used up, in whole or in part, or expended or worn out in whole or in part; and shall include domestic waste. 2.2 INDUSTRIAL WASTE includes commercial waste and means any article, thing, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes but is not limited to the following classes of waste material: a) Piping, tubing, conduits, cable, fittings or other accessories, or adjuncts to the piping or tubing, conduits or cable, b) Containers of any size, type or composition, c) Rubble inert fill, d) Without limiting or restricting the generality of the foregoing, all inoperative or, unlicensed motor vehicles, recreational vehicles, agricultural equipment or implements, marine or aeronautical vehicles, vehicle parts, mechanical equipment, mechanical parts, accessories or adjuncts to the vehicle and mechanical equipment, or any derivatives of the foregoing, e) Articles, things, matter, effluent which is in whole or in part or fragments thereof are derived from or constituted from or consist of: (i) Paper, lumber or wood products but excluding compost pile no larger than 1 square meter in size and 1.8 meters in height, or (ii) Mineral, metal or chemical products; whether or not the products are manufactured or otherwise processed, f) Bones, feathers, hides g) Paper or cardboard, packaging or wrapping materials, h) Materials resulting from, or as part of, construction or demolition projects i) Sewage. 2.3 INOPERATIVE MOTOR VEHICLES means a vehicle, which is in disrepair having missing parts including tires, or damaged or missing glass or deteriorated or removed parts which prevent its mechanical function, including unlicensed vehicles 2.4 INSPECTOR means a person appointed as Chief Building Official or By- Law Enforcement Officer for the Township or his/her designate. 2.5 MUNICIPALITY means the Township of Adelaide Metcalfe.

2.6 LAND includes ground, property, yards, vacant lots or any port of a lot, which is not beneath the building. 2.7 OWNER includes an owner, lessee, or occupant of the land. 2.8 RUBBLE includes broken concrete, bricks broken asphalt, patio or sidewalk slabs, 2.

4 2.6 LAND includes ground, property, yards, vacant lots or any port of a lot, which is not beneath the building. 2.7 OWNER includes an owner, lessee, or occupant of the land. 2.8 RUBBLE includes broken concrete, bricks broken asphalt, patio or sidewalk slabs, 2.9 SEWAGE includes any liquid waste containing human, vegetable, animal or mineral matter, waste that is in suspension whether domestic or industrial or any other waste whether in suspension or precipitate, but does not include roof water or storm run-off. SECTION 3 PROHIBITED MATTERS No person within the Municipality, shall: 1. Fail to clear land of domestic waste or industrial waste which is located thereon and for the purposes of this section clearing land of domestic waste or industrial waste includes the removal of weeds or grass more than 20 centimeters (8 inches) in height. 2. Deposit domestic or industrial waste on private or public property without lawful written authority 3. Store domestic or industrial waste unless in compliance with the applicable Municipal zoning By-Law, site plan agreement and/or licensing By-Laws and regulations SECTION 4 WASTE UPON LAND 1. The owner of land shall keep the same cleaned, cleared and free of domestic and industrial waste. For the purpose of this By-Law "cleared" includes the removal of weeds or grass more than 20 centimeters (8 inches) in height. The removal of grass and foliage does not apply to land in "natural heritage" area or lands used for agricultural purposes. SECTION 5 OFFENCE 1. In accordance with Municipal policies, every person who contravenes any provision of this By-Law will be given notice thereof by personal service or registered mail and will be given 30 calendar days to remedy the situation or explain how it is not in contravention of the By-Law; and, in default thereof, in addition to any other remedies which may be available, the provision of Section 446 of the Municipal Act shall apply for the purpose of rectification of such contravention. 446(1) Remedial action If a municipality has the authority under this or any other Act or under a by-law under this or any other Act to direct or require a person to do a matter of thing, the municipality may also provide that, in default of it being done by the person directed or required to do it, the matter or thing shall be done at the person's expense. 2006, c. 32, Sch. A, s. 184 part. 446(2) Entry upon land For the purposes of subsection (1), the municipality may enter upon land at any reasonable time. 2006, c. 32, Sch. A, s. 184, part.

446(3) Recovery of costs The municipality may recover the costs of doing a matter or thing under subsection (1) from the person directed or required to do it by action or by adding the costs to the

5 446(3) Recovery of costs The municipality may recover the costs of doing a matter or thing under subsection (1) from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. 2006, c. 32, SC. A, s. 184, part. SECTION 6 RIGHT OF INSPECTION The Chief Building Official or By-Law Enforcement Officer or his designate may inspect the use of any land, vehicle or structure for the purpose of determining whether: 1. The land or structure is used for dumping, storing or disposing of garbage, refuse or domestic or industrial waste. 2. The land or structure is used for storing of motor vehicles for the purpose of wrecking or dismantling or salvage of parts thereof for sale or disposal 3. If a vehicle is an inoperative motor vehicle, 4. The owner, lessee or occupant has complied with the requirements of this By-Law, SECTION 7 PENALTY 1. Every person who contravenes any provisions of this By-Law is guilty of an offence and is liable, upon conviction, to a fine not exceeding $5, and such fine is recoverable under the Provincial Offences Act, as amended. SECTION 8 ENFORCEMENT This by-law will be enforced by the Chief Building Official or By-Law Enforcement Officer or his designate upon the receipt of signed complaints. 9. THIS BY-LAW SHALL COME INTO FORCE UPON ITS FINAL PASSING. Read a first second and third time IN OPEN COUNCIL This 8th day of September K-c; ),/ Kurt's S Mayor Fran Ur Administratior/Clerk

TIDY YARD BY-LAW 35-2015 SCHEDULE "A" Township of Adelaide Metcalfe 2340 Egremont Drive Complaint #: Date: Reported by: Address: Phone #: I have a concern about the following property: Address:

6 TIDY YARD BY-LAW SCHEDULE "A" Township of Adelaide Metcalfe 2340 Egremont Drive Complaint #: Date: Reported by: Address: Phone #: I have a concern about the following property: Address: Owner: The following are my concerns: Signature Received by Referred to Inspection Date: Conditions Found: Actions Taken: Letters of Violation Sent: Compliance Achieved Date: Comments: Personal information contained on this form is collected pursuant to Freedom of Information and Protection of Privacy legislation and will be used for the purpose of complaint investigation and resolution. Questions about this collection should be directed to the Township Office located 2340 Egremont Dr, Strathroy Ontario N7G 3H6,

THE CORPORATION OF THE TOWN OF CALEDON BY-LAW NO. BL A by-law to regulate maintenance and care of land

THE CORPORATION OF THE TOWN OF CALEDON BY-LAW NO. BL-2016-063 A by-law to regulate maintenance and care of land WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25 authorizes the Council to