1.  In this by-law,

a)  “Adjacent Boulevard” means that portion of a Highway between the travelled portion of the roadway and the County property line which abuts an owner’s Front Property Line or Exterior Side Property Line or Exterior Property Line and is not used or intended for use for vehicular travel by the general public, and includes the landscaped areas and any driveway apron, but does not include any paved or poured hard-surface sidewalk or a curb or gutter that is not part of a driveway apron;

b)  “County” means the Corporation of Haldimand County;

c)  “Exterior Side Property Line” or “Exterior Property Line” shall mean the lot line abutting a street other than the front lot line of a corner lot or the rear lot line of a through lot.

d)  “Front Property Line” means:

1. in the case of an interior lot, the line dividing the lot from the street;
2. in the case of a corner lot, the shorter lot line abutting a street;
3. in the case of a corner lot whose exterior lot lines are the same length, the lot line opposite the main entrance of the main building;
4. in the case of a through lot, the nearer street line to the main building;
5. in the case of a lot located on a private lane or right of way, the lot line abutting the private lane or right of way, and where two lot lines abut a private lane or right of way, the lot line opposite the main entrance of the main building;

e)  “Highway” means a common and public highway and includes one or both of the following:

1. any street, road, avenue, parkway, lane, driveway, boulevard, sidewalk, square, place, bridge, viaduct or trestle, any part of which  is intended for or used by the general public for the passage of vehicles or persons, or
2. the area between the lateral property lines of any highway or road allowance including any curbs, gutters, boulevards, culverts, ditches and retaining wall;

e)  “Municipal Law Enforcement Officer” means a person or persons duly appointed by the Council of the Corporation to enforce the provisions of this by-law;

f)  “Owner” means the person or persons shown on as the registered Property owners on the Land Registry Office or the Municipal tax roll as having title to the land or responsibility for it, as well as any tenant or person or persons lawfully in possession of or exercising control over the property;

g)  “Person” means an individual, firm, corporation, association or partnership and their heirs, executors or assigns;

h)  “Property” means a parcel of land having specific boundaries, which is capable of legal transfer;

i)  “Property Line” means any boundary of a Property and the vertical projection thereof;

j)  “Turf Grass” means ground cover comprised of one or more species of growing grass with or without trees, shrubbery or maintained planting beds for other vegetation;

k)  “Vegetation” means Turf Grass, Weeds, shrubbery and other plants;

l)  “Vehicle” includes a motor vehicle, trailer, boat, motorized snow vehicle, mechanical equipment and any vehicle drawn, propelled or driven by any kind of power, including muscular power;

m)  “Weed(s)” means a noxious weed designated by or under the Weed Control Act, R.S.O. 1990, c.W.5, including weeds designated as a local or noxious weed under a by-law of the County passed under that Act.

7.  For the purpose of ensuring compliance with this by-law, a Municipal Law Enforcement Officer or Police Officer may at all reasonable times, enter upon and inspect the Adjacent boulevard, any land or Property to determine whether or not the following are being complied with:

1. this by-law;
2. a direction or order made under this by-law; or
3. a prohibition order made under Section 431 of the Municipal Act, 2001.

8.  A Municipal Law Enforcement Officer or Police Officer may for the purposes of the inspection under Section 7:

1. require information in writing or otherwise as required by the officer from any person concerning a matter related to the inspection; or
2. alone or in conjunction with a person possessing special or expert knowledge, undertake an inspection to determine compliance with this by-law.

9.  A Municipal Law Enforcement Officer, or Police Officer may make an Order, sent or served by prepaid regular mail to the last known address, posted on-site or personally delivered to a person requiring the person who contravened the by-law, within the time specified in the Order to:

1. discontinue the contravening activity; and/or
2. do work to correct the contravention.

10.  If an Order under Section 9 is served by regular mail, the service shall be deemed to have been made on the fifth (5th) day after the day of mailing.

11.  An Order may be served on a person personally by handing it to the person, but where the Order cannot be given or served by reason of the person’s absence from the person’s property or by reason of evasion of service, the order may be given or served:

1. by handing it to an apparently adult person on the person’s property;
2. by posting it in a conspicuous place upon some part of the owner’s property and by sending a copy by ordinary mail; or
3. by sending it by prepaid registered mail to the owner at the address where he/she resides.

12.  If an Order under Section 9 is served by registered mail, the service shall be deemed to have been made on the fifth (5th) day after the day of mailing.

13.  An Order under Section 9 shall set out:

1. reasonable particulars of the contravention adequate to identify the contravention and the location of property abutting Adjacent boulevard where the contravention occurred;
2. the work to be completed; and
3. the date(s) by which the work must be complete.