HomeMy WebLinkAboutBy-law No. 2004-017 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW#2004-017
A BY-LAW TO AMEND BY-LAW #2002-009,BEING A BY-LAW TO PROVIDE
FOR THE MAINTENANCE OF YARDS
WHEREAS the Corporation of the Municipality of Bayham did by By-law #2002-009
provide for the maintenance of yards;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham now
deems it necessary to amend the Yard Maintenance By-law#2002-009;
NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM HEREBY ENACTS AS FOLLOWS:
1. THAT By-law#2002-009 be amended by deleting the following clauses:
20.3 If, after affording any person served with a Notice provided for in Paragraph 20.2
an opportunity to appear before the Officer and to make representations in
connection therewith,the Officer may make and serve or cause to be served upon
or sent by prepaid registered mail to such person an Order containing:
(a) the municipal address or legal description of such property,
(b) reasonable particulars of the repairs to be effected or statement that the site
is to be cleared of all buildings, structures, debris or refuse and left in a
graded and level condition and the period in which there must be a
compliance with the terms and condition of the Order and Notice that, if
such repair or clearance is not completed with in the time specified in the
Order, the municipality may carry out the repairs at the expense of the
owner; and
(c) the final date for giving Notice of appeal from the Order.
20.5 Every owner of the property shall comply with a Property Standards Order as
confirmed or modified.
20.6 Every occupant of the property shall comply with a Property Standards Order as
confirmed or modified.
20.9 Every person who fails to comply with an Order to conform to the provisions of
this By-law is guilty of an offence and is liable to prosecution and penalty
pursuant to the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended and
any successor legislation thereto.
By-law#2002-009, Set Fine Schedule, Items#65 and 66:
65 Owner—Fail to comply with Property Section 20.5 $355.00
Standard's Order.
66 Occupant-Fail to comply with Property Section 20.6 $355.00
Standard's Order.
2. THAT By-law #2002-009 be amended by amending the following clauses, to
read as follows:
20.2 The Notice of Violation and Repair shall state:
(a) that the property does not comply with the provisions prescribed by this
By-law;
(b) that after a certain date, specified in the Notice, the property will be
subject to a re-inspection to ascertain compliance;
(c) that, if after the specified re-inspection date, the property still does not
comply to this By-law the Municipality shall exercise the remedies set out
in this By-law;
(d) that the Property Standards Officer and/or the Municipal Law
Enforcement Officer may be contacted for the purposes of requesting
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further information pertinent to the violations noted or to report what
action is being or will be taken to affect compliance with this By-law.
20.3 If the Officer is unable to effect service under Paragraph#20.2, he/she shall place
a placard containing the terms of the Notice of Violation and Repair in a
conspicuous place on the property and the placing of the placard shall be deemed
as sufficient service of the Notice on the owner or other persons.
3. THAT By-law#2002-009 be amended by adding the following clauses:
17.2 A Municipal Law Enforcement Officer designated to perform inspections
pursuant to this By-law may at all reasonable times, enter onto land for the
purposes of an inspection of the land.
17.3 Where it becomes necessary to proceed pursuant to Section #20 of this By-law, a
Municipal Law Enforcement Officer may enter onto the lands with any person
and the appropriate equipment as required to bring the property into compliance
with this By-law.
19.4 Municipal Law Enforcement Officers shall be designated to act as assistants to the
Property Standards Officer for the purpose of administration and enforcement of
this By-law.
20.7 (d) Where any of the matters or things are removed in accordance with this
By-law the matters or things may be immediately disposed of by the Chief
Building Official, Property Standards Officer or designate.
20.9 (a) Each day such violation is committed, or permitted to continue, shall
constitute a separate offence and may be punishable as such there under. Such
fine shall be recoverable under the Provincial Offences Act.
20.9 (b) 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.
4. Effective Date:
This By-law comes into force on the day it is passed.
Read a first and second time this 19th day February 2004.
(ILA
C e1 rk: Lynda d Mayor: Acre
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Read a third and final time this day of February 2004.
Clerk: Lynda Millard Mayor, ynn Acre
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