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Yard

By-law No. 0058/2000

Being a By-law respecting the cleaning up of yards and vacant lots in the Township of Addington Highlands.

WHEREAS paragraph 80 of Section 210 of the Municipal Act, being chapter M.45, R.S.O. 1990, provides that the councils of local municipalities may pass by-laws for requiring and regulating the filling up, draining, cleaning, clearing of any grounds, yards and vacant lots; and

WHEREAS Section 326 of the Municipal Act, being chapter M.45, R.S.O. 1990, provides that the council may enforce the performance of things required to be done under by-laws, and;

WHEREAS The Council of the Corporation of the Township of Addington Highlands deems it expedient to require and regulate the cleaning up of yards and vacant lots in the Township of Addington Highlands.

NOW THEREFORE The Council of the Corporation of the Township of Addington Highlands enacts as follows:

  1. This By-law may be cited as the “Property Clean-Up By-Law.”
  2. Definitions:
    • “Abandoned Condition” means the state of any thing that by reason of its age, appearance or mechanical condition would, if left on any property or highway without lawful authority be removed as having been left unwanted or as being refuse.
    • “By-Law Enforcement Officer” means a person appointed by Council, by by-law, from time to time to enforce the by-laws of the Municipality.
    • “Corporation” means the Township of Addington Highlands.
    • “Derelict Motor Vehicle” means a vehicle that appears to the By-law Enforcement Officer by reason of its age, appearance, mechanical condition, lack of numbered plates or any combination thereof to be incapable of operation on a public highway.
    • “Plated Vehicle” means any vehicle that by law requires the vehicle, in order to be operated, to be registered and have attached number plates or registration number including current validation.
    • “Vehicle” includes motor vehicle, trailer, traction engine, farm tractor, road building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power.
  3. An owner or occupier of any property within the Township of Addington Highlands shall, upon written notice from the Corporation, or By-law Enforcement Officer, forthwith on any property owned or occupied by him or her within the Township of Addington Highlands;
    • clean such property,
    • remove from such property or place inside a garage or other enclosed structure or property cover:
      • non operating vehicles
      • unplated vehicles
      • vehicles in abandoned condition
      • any vehicle not required to be plated unless such vehicle is required for a business lawfully situated on the property.
    • remove from such property any rubbish or other objects.
    • cut all weeds or grass.
    • trim or remove any trees or parts thereof that appear to be dead or dying or are in a condition that may pose a hazard.
    • correct any condition that may create a health, fire or accident hazard(s).
  4. The notice shall specify the work to be done, the time within which it shall be done and the property upon which the work is to be done shall be specified sufficiently to enable the owner or occupier to identify it.
  5. The notice shall be delivered personally to the owner or occupier concerned, or mailed by prepaid mail to him or her at his or her last known address, and shall allow a reasonable length of time to complete the work specified therein, having regard to the nature of the work to be done and shall contain a statement to the effect that, if the work shall not have been completed within the time and in the manner specified in the notice, the work may be done under the direction of the Corporation at the expense of the owner or occupier and the cost thereof may be recovered,
    • by action, or
    • in the manner as Municipal Taxes, or
    • pursuant to the Repair and Storage Liens Act (R25, R.S.O. 1990, as amended)
  6. If, upon due notice being given to the owner or occupier of any ground, yard or vacant lot, as aforesaid, the work specified in the notice is not done within the time limit therein, the Corporation may have the work done and the expense thereof shall be borne by the owner or occupier and may be collected
    • by action, or
    • in the manner as Municipal Taxes, or
    • pursuant to the Repair and Storage Liens Act (R25, R.S.O. 1990, as amended)
  7. a) An owner or occupier who fails to comply with a notice issued under this By-law is guilty of an offence and upon conviction any fine, exclusive of costs, is recoverable under the Provincial Offences Act. b) Subsection (a) applies even though the Corporation has caused the work, specified in the notice, to be done.
  8. A by-law enforcement officer may enter upon any land at any reasonable time for the purpose of inspecting the use of any land or structure within the Municipality for the placing, depositing, dumping or disposing of refuse, debris, garbage or domestic waste or industrial waste of any kind or for inspecting the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or their disposal.
  9. Where the By-law Enforcement Officer finds that the lands or grounds, yards or vacant lots do not comply with the provisions of this By-law, the By-law Enforcement Officer may provide a written notice to the owner or occupier of the lands setting out the reasons why the lands do not comply with the provisions of this By-law and the remedial steps necessary to bring the lands into compliance with this By-law and may require that these steps be carried out within the time specified in the notice.
  10. In the event that any court of competent jurisdiction should declare that any section or sections of this By-law is/are not valid for any cause, such section or sections shall be deemed severable from the remainder of the By-law and the remainder of the By-law shall stand and be enforced to the same extent as if the offending section or section had not been included therein.
  11. Any Township resident or landowner requesting that this By-law be enforced shall file a signed, written complaint, setting out certain particulars, with the Clerk Treasurer at the Township of Addington Highlands office.
  12. Any other by-laws, resolutions or action of Council that are inconsistent with the provisions of this By-law be and they are hereby repealed or rescinded.
  13. This By-law shall take effect upon enactment.

Enacted March 20, 2000

Henry Hogg-Reeve/Jack Pauhl-Clerk