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HomeMy WebLinkAboutBy-law No. 2018-090 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-090 BEING A BY-LAW TO AMEND BY-LAW NO. 2018-037 LOT MAINTENANCE BY-LAW WHEREAS the Council of the Municipality of Bayham on the 15th day of March, 2018 enacted By-Law No. 2018-037, being a by-law to provide for the maintenance of land in a clean and clear condition; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to amend By- law No. 2018-037; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: THAT Section 13.0 Offence and Penalty be deleted in its entirety and replaced with the following: 13.0 Offence and Penalty 13.1 Every person who contravenes any provision of this By-Law or any notice delivered hereunder is guilty of an offence and upon conviction is liable to a fine as provided for by the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended. 13.2 Every person who contravenes any provision of this By-Law or any notice delivered hereunder is guilty of an offence and upon conviction pursuant to Part III of the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended, shall be subject to the following monetary penalties: (a) upon a first conviction, to a fine of not more than $15,000.00; and (b) upon a second or subsequent conviction, to a fine of not more than $25,000.00. 13.3 Every person who is a director or officer of a corporation who knowingly concurs in a contravention of this By-Law or any notice delivered hereunder by such corporation is guilty of an offence and upon conviction pursuant to Part Ill of the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended, shall be subject to the following monetary penalties: (a) upon a first conviction, to a fine of not more than $15,000.00; and (b) upon a second or subsequent conviction, to a fine of not more than $25,000.00 13.4 If either a notice has been issued under this By-Law or any Court of competent Jurisdiction has issued an Order in respect of this By-Law and such notice or Order has not been complied with, then any ongoing contravention of such notice or Order shall be deemed to be a continuing offence for each day or part thereof that the said notice or Order is not complied with. 13.5 Every person who contravenes any provision of this By-Law in such a manner so as to constitute a continuing offence thereof is guilty of such offence and upon conviction pursuant to Part III of the Provincial Offences Act, R.S.O. 1990, Chapter P. 33, as amended, is liable to a fine of not more than $15,000.00 per day, or any part thereof, that such offence continues. 13.6 In the event of conviction of an offence of this By-Law, the Court entering such conviction or any other Court of competent jurisdiction may, in addition to any other penalty, make an Order prohibiting the continuation or repetition of the offence by the person so convicted. THAT in all other respects, By-law No. 2018-037 is hereby confirmed and remains unchanged; AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1st DAY OF NOVEMBER 2018. MAYOR 7, 4111p