HomeMy WebLinkAboutBy-law No. 2009-046 THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2009-046
A BY-LAW TO REGULATE THE REPAIRS AND PAYMENTS FOR REPAIRS
TO MUNICIPAL PROPERTY WITHIN THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ALONG THE MUNICIPAL ROADWAYS
WHEN DAMAGED BY AN INDIVIDUAL.
WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides
that a lower tier municipality may pass by-laws respecting Highways, including parking and
traffic on highways;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems is
necessary and expedient to provide for the recovery of costs for repairs to municipal
property along roadways when damaged by individuals.
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS;
Section 1- Title and Scope
1. Short Title
This By-Law may be cited as The Municipality of Bayham Cost Recovery By-
Law
Section II—Definitions
2. The following terms for the purposes of this By-Law have the meaning as stated
below:
(i) "Municipality of Bayham"means the Council for the Municipality of
Bayham
(ii) "Erect"means to construct,place, locate, fabricate or alter the
characteristics of an sign or municipal property along the roadway
(iii) "Maintain"means to permit a sign or structure to continue or to be
refurbished within the Municipality of Bayham
(iv) "Road Authority"means the Municipality of Bayham
(v) "Accident" includes any damage done to municipal property either
intentional or not
(vi) "Owner" includes the holder of a leasehold interest or a tenant in
possession of the adjoining property
Section III- Administration
3. 1. A person who has damaged municipal property shall report this to the
Municipality of Bayham and shall be responsible for repairs or cost of repairs
3. 2. The Public Works Manager or his designate will approve the erection,
replacement or remodeling of the damage done to municipal properties and may
contact outside sources in order to expedite the repairs.
3. 3. The Road Authority is hereby permitted to:
(i) Dismantle and remove the damage done to municipal property as to
eliminate any further damage done to either innocent pedestrians or
motorists.
(ii) Advise the Police of the damage or if the municipal forces come upon
the accident they are to call the Police to advise of the accident
(iii) Municipal forces will attend the Police dispatch at a later date to obtain
the Motor Vehicle Accident Report and upon receipt of the report a letter
will be written to the owner of the vehicle or item which has caused the
damage.
(iv) Give notice in writing to the person who is either found guilty of the
damage or has the means by which the damage was caused and the
person or persons are thereby held responsible for the cost to bring the
municipal property to standards as required by the Municipal Act
(v) The notice shall include an estimated cost of repairs and a date which the
owner or owners shall advise the Municipality of Bayham which option
they wish to use , either pay for the damage themselves or have the
municipality file through the insurance companies
Section IV—Permitted Location/Construction
4. (i) Only qualified individuals or contractors shall be permitted to repair or replace
the damaged items in order to allow the Municipality of Bayham to ensure that
the Municipal Act is being followed and to the Municipalities knowledge all items
are in good working order and no danger exists.
(ii) At times it may take a longer than normal timeframe in order to repair
damages to municipal property and this shall be permitted as a specialized
contractor may be required to fix certain infrastructure of the municipality.
Section V—Restoration of Damaged Units
5. (1) Only qualified individuals or individuals hired by the Municipality may repair
municipal property to conform with the wishes of the Municipal Act
(2) Council has the right to waive the fee for damage to municipal property as
well as Council has the right to collect fees for damage done to municipal
property as outlined under Section 258 of the Insurance Act.
Section VI—Effective Date
6. (1) The regulations and conditions contained in this By-Law shall become
effective upon the day of the passing thereof.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS
2ND DAY OF APRIL,2009.
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Y{4R CLERK