Clean Yard By-law

I. Definitions

t.  “Vehicle Parts” shall include any component or element, whether operable or not, used in the assembly, construction, maintenance or repair of a vehicle.

u.  “Watercourse” shall mean an identifiable depression in the ground, including drainage swales in which a natural flow of water occasionally, regularly or continuously flows, even if the bed is sometimes dry, and even if the banks are sometimes overflowed or submerged; and

v.  “Weed” shall mean a noxious weed designated by or under the  Weed  Control Act, R.S.O. 1990, c.W.5, including weed designated as a local or noxious weed under a by-law of the County passed under that Act.

w.  “Yard” shall mean land, other than publicly owned land, around and appurtenant to the whole or any part of a building (and used, or capable of being used in connection with the building).

II. Property and Drain Maintenance

2.  Every owner or occupant of land shall keep the vegetation on the property clean and cleared up.

3.  For the purpose of Section 2 above, “clean” or “cleared-up” shall mean:

a.  The removal of weeds from all turf grass areas, naturalized areas, buffer strip and perimeter strips;

b.  In turf grass areas, buffer strips and perimeter strips the cutting of grass so that its height is maintained below 20.32 centimetres (8 inches) in height;

c.  In a naturalized area on a residentially used parcel abutting another residential parcel, the cutting of  vegetation other than trees or shrubbery  in accordance with Section 3.b. along a minimum one metre (3.28 feet) wide strip immediately adjacent to the lot lines and along all boundaries of the whole lot or parcel of land which strip is herein called a “buffer strip”; 

d.  In an area or parcel of land not consisting of cut lawns and tended flower beds, over .5 hectares (1.24 acres) in size, the cutting of vegetation other than trees or shrubbery in accordance with Section 3.b along a minimum 15 metre (49.2 feet) wide strip immediately adjacent to the lot line where the lot line adjoins a roadway or abuts a residential parcel or property, which strip is herein called a “perimeter strip”;

4.  Notwithstanding Section 3.d. above, any area or parcel of land not consisting of cut lawns and tended flower beds, with an area of .5 hectare (1.24 acres) or less the cutting of vegetation other than  trees  or shrubbery, so that its height is maintained below 20.32 centimetres (8 inches) in its entirety; 

c.  cutting the roots or stalks of the plants before the seeds have developed sufficiently to ripen after cutting; turning the soil in which the plants were growing so as to bury or  kill  the weeds;  or

d.  in the case of poison ivy, treating it with herbicide that causes the plants to be destroyed, or which prevents the growth of plants or the ripening of their seeds, provided that nothing in this clause authorizes the use of any herbicide that is contrary to any other law in force in Ontario.

5.  No owner or occupant of land shall obstruct, or cause or permit the obstruction of a watercourse on the land.

6.  Every owner or occupant of land on which there is a private drain shall keep the drain operational and in repair, and no owner or occupant of land shall obstruct, or cause or permit the obstruction of a private drain on the land, provided only that the subsequent connection of the property’s private sewage system to the municipal sanitary sewer in a manner approved by the County, shall be permitted as a replacement to the private sanitary drain.

7.  Section 2 above, does not apply to crops being grown by an “Agricultural Operation”.

8.  Section 2 above, does not apply to municipally owned land.

III. Litter

9.  No person shall cause, permit, throw, place or deposit refuse and/or debris on private land without the written authority of the owner or occupant of the land.

10.  No person shall throw, place or deposit refuse and/or debris on owned or occupied land by the County or a local board of the County without the written authority of the County or the local board where such land is occupied by a person other than the owner without the written authority of the occupant.

11.  A person does not breach Sections 8 and 9 by placing garbage out for collection on their property in accordance with municipal by-laws and collection schedules, but no person shall leave out garbage contrary to such by-laws or schedules.

12.  An owner or occupier of land shall clean or clear exterior walls of any building or structure on the land and their components so as to be free of posters, which are for the giving of notice for an event that has already occurred, or where the message contained is not readable due to damage or deterioration to the poster or its content, or where the posters are loosened, dislodged, torn or otherwise in a condition that may permit them to detach and become litter.

13.  Pursuant to the Municipal Act, S.O. 2001, c.25 as amended, the cost of removal of posters by the County is collectable against the owner of the advertising device under the terms of the said Municipal Act, notwithstanding the content of this by-law.

IV. Garbage and Waste Disposal

14.  Every owner or occupant of land shall keep the property free and clear of domestic or industrial waste, or any other thing in their possession that may constitute a health, fire or safety hazard to the yard or vacant lands of another person or to any municipally owned lands.

15.  No person shall use any land or structure within the County for dumping or disposing of domestic or industrial waste, or any other thing in their possession that may constitute a health, fire or safety hazard to the yard or vacant lands of another person or to any municipally owned lands.

16.  The owner or occupant of land used on which domestic or industrial waste has been thrown, placed, dumped or deposited shall immediately clean and clear the land of the waste material.

17.  Sections 13 and 14 do not apply to,

1. 1. land or structures used by the County for the purpose of dumping or disposing of waste; or
   2. land or structures designated by by-law for the County for the purpose of dumping or disposing of waste.

18.  No person, other than the County or its agents, without the prior authorization of the County and except in accordance with such authorization, shall dump or dispose of garbage, refuse or domestic or industrial waste of any kind on lands mentioned in Section 16.

V. Motor Vehicle Salvage

19.  No person shall use any land or structure in the County for storing used or inoperative motor vehicles for the purpose of wrecking or dismantling them or salvaging vehicle parts thereof for sale or other disposal including the purposes of repairing other vehicles.

20.  Section 18 does not apply if zoning by-laws permit the land to be used and the person holds a current and valid license issued by the County for the land, permitting motor vehicle salvage.

21.  Subsections 1(c), (e) and (f) shall not apply to a motor vehicle actively being restored and repaired to a road-worthy condition and to be licensed.

VI. Enforcement

22.  The Manager of Building & By-law Enforcement or an Officer may inspect the land or structures, for the purpose of determining whether;

a.  properties and drains are being maintained in accordance to this by-law;

b.  the land or structure is used for dumping or disposing of garbage, refuse, fill domestic waste or industrial waste of any kind;

c.  the land or structure is used for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or disposal;

d.  the owner or occupant has complied with any Order sent by the Manager of Building & By-law Enforcement or an Officer; or

e.  whether there is compliance or non-compliance with any other provision of this by-law.

23.  The Manager of Building & By-law Enforcement or an Officer may make an Order, sent  by prepaid regular mail to the last known address, posted on-site or personally delivered to an owner or occupant requiring the owner or occupant within the time specified in the Order to:

a.  clean and clear up the property and to bring the property into compliance with  any Section of this by-law;

b. repair or remove obstructions from private drains and ensure drainage and proper connection of private drains to storm or sewage systems of the County or otherwise provide for the sanitary disposal of sewage or drainage from the lands;

c.  alter or relay a private drain or fill up any property or part of a property;

d.  remove obstructions from watercourses;

e.  clean, clear or remove from the land or structure any or all garbage, refuse, fill, inoperative motor vehicle, sewage, long grass, weeds, or domestic or industrial waste of any kind or any other thing that may constitute a health, fire or safety hazard;

f.  cease using the land or structure for the dumping or disposing of garbage, refuse, fill, inoperative motor vehicles, inoperative vehicles or machinery, motor vehicle parts, domestic or industrial waste of any kind or any other thing that may constitute a health, fire or safety hazard;

g.  clean or clear exterior walls of a building or structure, and their components free of posters which are:

1. 1. 1. for events which have already occurred or where the message contained is unreadable, or
      2. which are loosened, dislodged, torn or otherwise in a condition that may permit them to detach and become litter; or

h.  indicating the time for complying with the Notice and advising the Owner that if the remedial action is not carried out within the time prescribed in the Notice, that the municipality may carry out the required remedial action at the Owner’s expense.

24.  Every owner or occupant shall permit the Manager of Building & By-law Enforcement or an Officer employed, upon production of identification and for the purpose of the inspection by the County, to inspect the land or structure for the purpose of Section 21.

25.  Where the owner or occupant fails to comply with an Order issued under this by-law within the time specified for compliance, the Manager of Building and By-law Enforcement or an Officer, with such assistance by others as may be required and upon reasonable notice as may be required in one or more of the methods provided in Section 22, may:

a.  clean or clear up a property and bring it into compliance with any section of this by-law;

b.  repair, maintain or remove obstructions from private drains, and ensure drainage and property connection of private drains to storm or sewage systems of the County or otherwise provide for the sanitary disposal of sewage or drainage from the land;

c.  alter or relay a private drain or fill up any property or part of a property;

d.  remove obstructions from watercourses;

e.  clean, clear or remove from the land or structure any or all garbage, refuse, fill, sewage, inoperative motor vehicles, inoperative vehicles and machinery, long grass, weeds or domestic or industrial waste of any kind or any other thing that may constitute a health, fire or safety hazard;

f.  remove used motor vehicles and other machinery, and any parts, stored for the purpose of wrecking or dismantling the materials or the salvaging parts thereof for sale or other disposal; or

g.  clean or clear exterior walls of a building or structure, and their components free of posters which are:

1. 1. 1. for events which have already occurred or where the message contained is unreadable, or
      2. which are loosened, dislodged, torn or otherwise in a condition that may permit them to detach and become litter;

26.  Where any of the materials or things are moved in accordance with Section 24, the materials or things may be immediately disposed of by the Manager of Building & By-law Enforcement or an Officer, and any recovered salvage value or other actual recovery of money made upon such disposal shall be credited first against costs, the balance shall be refunded to the person who was in possession of the materials or things prior to their removal from the land.

27.  Upon completion of the work, repairs or demolition by or on behalf of the County, the municipality shall have a lien on the land for the amount spent on the repair or demolition, and the amount shall be deemed to be municipal real property taxes and may be added by the Clerk of the municipality to the tax roll and collected in the same manner and with the same priority as municipal real property taxes as provided for by statute.

28.  The Manager of Building and By-law Enforcement or an Officer is authorized to give immediate effect to any order issued under Part VI that has not been complied with by the owner, under the provisions of the Haldimand County Procurement Policy.

VII. Offences

29.  The following penalties shall apply:

a.  Subject to subsections (b) and (c) below, every person who contravenes any provision of this by-law, is guilty of an offence and upon conviction is liable to the penalties prescribed under the Provincial Offences Act, R.S.O. 1990, c.P.33, as amended.

b.  Every person who contravenes section 13 or 14 of this by-law is guilty of an offence and upon conviction is subject to a fine of not more than $10,000 for a first offence and $25,000 for any subsequent offence of such subsections.

c.  Where a corporation is convicted of an offence under sections 13 or 14 of this by-law, the maximum penalty that may be imposed on the corporation is $50,000 for a first offence and $100,000 for any subsequent offence of such subsections.

30.  No person shall hinder or obstruct an Officer, appointed under this by-law or employed to enforce this by-law, from carrying out an inspection of lands, nor shall any person obstruct any employee or agent authorized to carry out work for the County specified in an Order issued hereunder.

VIII. General Provisions

31.  Should a court of competent jurisdiction declare a part or whole of any provision of this by-law to be invalid, or of no force and effect, the provision is deemed severable from this by-law, and it is the intention of Council that the remainder survive and be applied and enforced in accordance with its terms to the extent possible under the law so as to protect the public by ensuring a minimum standard.

32.  In the event of a conflict between a provision of this by-law and the County’s zoning by-law, the provisions of the zoning by-law shall apply.

IX. Repeal and Enactment

33.  The following by-laws, as amended, of the former area municipalities are hereby repealed:

1. Town of Dunnville By-law 08-2000
2. Town of Haldimand By-law 299-81

34.  This by-law comes into force and effect on the date of its passing and enactment.