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By-law No. 2002-009 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2002 - 9 Being a By-law to Provide for the Maintenance of Yards WHEREAS Section 210 of the Municipal Act, R.S.O. 1990, c.M. 45, as amended,provides and authorizes the Council of local municipalities to pass by-laws prescribing minimum standards for the maintenance of property, which includes all buildings and structures, and for prohibiting the occupancy or use of such property that does not conform with the standards; and requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or for the site to be cleared of all buildings, structures, debris or refuse and left in graded and leveled condition; AND WHEREAS Section 210,paragraphs (30), (60—63), (80), (136), (146), and (150) of the Municipal Act, R.S.O. 1990, c.M 45, as amended,provides and authorizes the Council of local municipalities to pass by-laws with respect to property and yard maintain, draining, cleaning and clearing; AND WHEREAS Section 210, subsection(135) of the Municipal Act, R.S.O. 1990, c. M 45, as amended, authorizes the Councils or local municipalities to pass by-laws for prohibiting, or regulating and inspecting the use of any land or structures thereon within the municipality or any defined area or areas thereof for dumping or disposing of garbage,refuse or industrial waste of any kind, which by-law or by-laws: (a) may establish a schedule of fees chargeable upon inspection of such regulated land or structures; (b) may require the owners,lessees or occupants of such land or structures,at the expense of the owners, lessees or occupants,to cease using such land or structures for such purposes,or to cover over any garbage, refuse,or domestic or industrial waste in any prescribed manner,whether or not such land or structures were so used before the passing of the by-law; (c) may define industrial or domestic waste; (d) a by-law under this subsection does not apply to the use of any land or structure by a municipality. AND WHEREAS Section 220.1 of the Municipal Act, R.S.O. 1990, c.M 45, as amended by Section 10 of Schedule M of the Savings and Restructuring Act, 1996,provides that the Council may by by-law impose fees for services and activities provided or done by or on behalf of The Corporation of Municipality of Bayham; AND WHEREAS Sections 1, 6, 12, 60, and 61 of the Provincial Offences Act, R.S.O. 1990, as amended,provides that local municipalities can create a fine set by the Court for an offence, and other penalty provisions; AND WHEREAS the Official Plan for The Corporation of the Municipality of Bayham, passed on July 5, 2001, as amended from time to time, includes provisions relating to conditions of maintenance and occupancy of properties; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to regulate and govern the maintenance of land in order to enhance the quality of the community and neighborhoods,to protect the safety, health and well being of the public and to ensure the continued enjoyment of property for residents and property owners of the Municipality. NOW THEREFORE, the Council of The Corporation of the Municipality of Bayham enacts as follows: 1. SHORT TITLE: This by-law may be cited as the"Yard Maintenance By-law" 2. DEFINITIONS: In this by-law, Yard Maintenance By-Law Municipality of Bayham 2.1 "Accessory Building"means a detached building which is customarily incidental and subordinate to the main use of the lot, and which is not used or intended for use as human habitation. 2.2 "Chief Building Official"means the Chief Building Official appointed in accordance with the provisions of the Building Code Act, 1992, S.O. 1992, c.23 and having jurisdiction for the enforcement thereof, or a designated representative. 2.3 "Clerk"means the Clerk of the Corporation of the Municipality of Bayham. 2.4 "Commercial Solid Waste or Grease Container"means a waste or grease disposal container placed on property within the territorial limits of the Municipality for the temporary storage of waste or grease. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste herein or removing the contents thereof. 2.5 "Composting" shall mean the biological degradation or breakdown of organic material in a dark soil-like material called humus. 2.6 "Composting Container" shall mean the holding unit used to store yard, garden and household wastes for the purpose of composting. 2.7 "Corporation" shall mean the Corporation of the Municipality of Bayham. 2.8 "Council"means the Council of The Corporation of the Municipality of Bayham. 2.9 "Dwelling"means a building any part of which is capable of being used for the purpose of human habitation and includes a building that would be or is capable of being used for such purposes except for its state of disrepair and shall include any mobile dwelling unit. 2.10 "Dwelling Unit" means one or more rooms located within a dwelling and used or capable of being used for human habitation by one or more persons. 2.11 "Inspectors"means Property Standards Officer, or any person designated to assist the Property Standards Officer in the administration and enforcement of this By- law. 2.12 "Medical Officer of Health"means the Medical Officer of Health having jurisdiction within the territorial limits of the geographical area of the Municipality of Bayham. 2.13 "Motor Vehicle" means any form of transportation for humans designated to be propelled or driven otherwise than by muscular power, and includes but is not limited to cars, trucks, motorcycles, motor homes, and trailers of any description. 2.14 "Municipality"means the geographical area of "The Corporation of the Municipality of Bayham". 2.15 "Non-residential Property"means any property or use of property designated, intended or used for any purpose other than those of a dwelling. 2.16 "Noxious Weed"means a plant that is designated under The Weed Control Act, R.S.O. 1990, c.W.5, and amendments thereto, as a noxious weed. 2.17 "Nuisance" shall mean any use or condition, which interferes with the normal enjoyment of any use of any neighboring use of land,building or structure. 2.18 "Occupant" means any person or persons over the age of eighteen years in possession of the property. 2.19 "Offence" as found within s.1{1} of the Provincial Offences Act, R.S.O. 1990, c. P. 33 means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature. 2.20 "Officer"means a By-law Enforcement Officer appointed by the Council of the Municipality of Bayham. 2.21 "Official Plan"means the Official Plan for the Municipality of Bayham, passed on July 5, 2001, as amended from time to time. 2.22 "Other Vehicle"means any form of transportation for humans designed to be propelled or driven otherwise than by muscular power, and includes but is not limited to tractors, self propelled construction or industrial equipment,motorized snow vehicle, and then engines of cars or steam, electric, or diesel railways. 2.23 "Owner"means an owner, lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham. "Owner" shall also include the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used whether on his or her own account or as agent or trustee of any other person or who would receive the rent if such land and premises were let, and shall receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of a lease is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property. 2.24 "Person"means any person, corporation,or director of a corporation. 2 Yard Maintenance By-Law Municipality of Bayham 2.25 "Private Drain"means a sanitary private drain for the collection and transmission of sanitary sewage to the sanitary sewer and to which extraneous flows, such as storm drainage,roof water, surface and ground waters are not to be intentionally admitted. 2.26 "Property"means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes, mobile buildings, mobile structures, accessory buildings, fences and erections thereon, whether heretofore or hereafter erected, and includes vacant property. 2.27 "Repair"means the taking of any action as may be required so that the property shall conform to the Standards established in the By-law. "Repair"includes the provision of such facilities and the making of additions or alternation or the taking of such action as may be required so that the property shall conform to the standards established in this By-law. All repairs shall be made in conformity with the Ontario Building Code and all other applicable laws,codes and regulations. 2.28 "Residential Property" means a dwelling and includes any lands,yards, and buildings appurtenant thereto, outbuildings, fences, steps, sidewalks, walkways, driveways,parking spaces and erections thereon, whether heretofore or hereafter erected, and further includes vacant land. 2.29 "Returnable Receptacle"means a receptacle manufactured for the purpose of storing garbage or refuse, constructed of materials which has an equivalent durability to No. 28 gauge metal and having a height not exceeding 100 cm, a diameter not exceeding 50 cm,a weight including contents,not exceeding 35 kg, a water tight lid and two handles. 2.30 "Rubbish"means any waste material, debris,refuse, litter or articles of trash. 2.31 "Set Fine"means that amount of the fine set by the Chief Judge of the Ontario Court(Provincial Division) for an offence for the purpose of proceedings commenced under Part I or Part II. 2.32 "Sewage"means any liquid waste containing animal, vegetable or mineral matter in suspension or solution,but does not include roof water or other storm runoff. 2.33 "Sewage System"means the Municipal sanitary sewage system or a private sewerage disposal system approved by the Medical Officer of Health. 2.34 "Standards"means the standards for the physical condition and the occupancy of property prescribed in this By-law. All standards herein are deemed to be the minimum standards for the promotion of the health, safely, comfort, convenience, and general welfare of the inhabitants of The Corporation of the Municipality of Bayham. 2.35 "Structure"means anything constructed or erected,the use of which requires location on or in the ground, or attached to something having location on the ground, and, without limited the generality of the foregoing, includes walls, fences, signs, and billboards. 2.36 "Temporary Storage"means a period of time between the normally scheduled collections of waste material but not to exceed thirty (30) days. 2.37 "Vessel"means any form of marine transportation for humans, commodities or goods and designed to be propelled by any means including but not limited to internal combustion engines, steam, electric, muscular or natural power. 2.38 "Waste Material"means any article thing, matter or effluent that appears to have been cast aside or discarded or abandoned or discharged whether of any value or not, or appears to be used up in whole or in part, or expanded or worn out in whole, or in part. Without restricting the generality of the definition set forth above, "Waste Material"may specifically include: (a) garbage,refuse, debris,litter,grass clippings,tree and garden cuttings, brush and leaves; (b) containers including,but not limited to crockery,dishes,glassware,bottles,plastic and metal; (c) paper,cardboard,cloth,plastic,or synthetics; (d) weighty or bulky materials such as appliances,furniture,or household goods, including a mattress,bed,dresser,sofa,chair,table,television,radio, stove,refrigerator,dishwasher, washing machine and dryer or other furnishing or appliance or any part of any of them; (e) any furnace,hot water heater,air conditioner, or any part of any of them; (f) any pipes,water or fuel tanks,wooden or metal signs or palettes; (g) a motor vehicle or other vehicle which is not operative,a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Traffic Act,discarded motor vehicle to other vehicle,automotive parts,vehicle parts and accessories,mechanical equipment, mechanical parts,unmounted tires,tires mounted on rims, accessories or adjuncts to the motor vehicle or other vehicle and mechanical equipment; (h) a vessel,which is not operative,discarded vessel,unsound or unseaworthy vessel,vessel parts and accessories,mechanical equipment,mechanical parts, accessories or adjuncts to the vessel and mechanical equipment; 3 Yard Maintenance By-Law Municipality of Bayham (g) broken concrete(other than for shore protection),asphalt pavement,patio/sidewalk slabs, surplus building materials whether new or used; (h) material resulting from or as part of construction,alteration,repair or demolition or any building or structure; (i) rubble,inert fill,fencing materials; (j) all waste of animal or vegetable origin resulting from the processing or preparation or storage or sale or consumption of food,except any material of vegetable origin placed in a composting container; (k) any liquid containing chemicals or solids either dissolved or in suspension. 2.39 "Yard" shall mean the land or property around and appurtenant to the whole or any part of a structure, building, or dwelling and used or intended to be used, or capable of being used, in connection with the structure or dwelling; and shall include vacant lots located within the hamlets and villages of the Municipality of Bayham as designated in the Official Plan,passed July 5,2001,as amended from time to time. 3. MAINTENANCE OF YARDS: 3.1 Every owner shall keep all yards, grounds and vacant lands,which he, she or they may own, lease or occupy, cleaned and cleared of all rubbish, debris and waste material. Every property shall be maintained free from conditions that may create a health, safety or fire hazard. 3.2 No person shall use any land or structure within the Municipality for dumping or disposing of rubbish, debris or waste material of any kind. 3.3 Paragraphs 3.2 does not apply to land or structures operated by the Municipality for the purpose of dumping or temporary disposing of waste material on land or structures designated by By-law of the Municipality or used for the purpose of dumping or disposing of waste material on land which is being lawfully used for the outdoor storage of materials under applicable zoning and licensing regulations. 3.4 No person shall throw, place or deposit refuse, debris or waste material on private property without the written authority of the owner and occupant of the property. 3.5 No person shall throw,place or deposit refuse, debris or waste material on Municipal or County property without written authority of the Municipality or the County. 3.6 No owner or occupant shall permit weeds and grasses on any yard to grow or stand greater than six (6) inches/fifteen(15) centimeters in height. 3.7 Every owner and occupant shall eliminate from all yards all plants designated as noxious weeds under The Weed Control Act,R.S.O. 1990, c. W. 5. 3.8 Every owner shall be kept every property which he, she or they may own, lease or occupy, free from heavy undergrowth or underbrush, and free from dead, decayed or damaged trees, and branches and limbs thereof, which may create a potential fire hazard, or unsafe condition,or harbor pests or vermin. 3.9 Every owner shall keep all hedges and trees adjacent to a public sidewalks or roadways cut and trimmed so as to allow safe and unhindered passage and an unobstructed view of pedestrian and/or vehicular traffic upon such sidewalk or roadway. 3.10 No owner shall plant, maintain or permit any tree,bush, hedge, or shrub to grow more than 1.0 metre in height on a corner lot within 4.0 metres of the intersection of the front lot line and the exterior lot line of such lot. 3.11 Every owner shall keep every property, which he, she or they may own, lease or occupy, clear and clean of dilapidated or collapsed structures or erections, or used building materials not being utilized in the construction of a building. 4 Yard Maintenance By-Law Municipality of Bayham 4. SIDEWALKS,DRIVEWAYS,PARKING AND LOADING AREAS: 4.1 Every owner shall maintain in good condition all sidewalks, steps, porches, and verandas on the property, which he, she or they may own, lease or occupy, so as to afford safe passage under normal use and weather conditions. 4.2 Every occupant shall maintain in good condition all driveways, parking areas and loading areas on the property which he, she or they may own, lease or occupy, so as to afford safe passage under normal use and weather conditions 4.3 Every owner and occupant shall provide and maintain a clear, unobstructed access to all gas, water and hydroelectric meters and service entrance equipment, inside and outside of buildings. 4.4 The occupant and where there is no occupant, the owner or person having charge, care or control of any building or lot fronting any street or part of a street shall remove and clear away and keep removed and cleared away all dirt, debris, and litter from the sidewalk on the side of such street which is nearest to such building or lot. 4.5 The occupant and where there is no occupant, the owner or person having charge, care or control of any building or lot fronting any street or part of a street shall remove and clear away and keep removed and cleared away all snow and ice from the sidewalk on the side of such street which is nearest to such building or lot. 4.6 If any person who is required by paragraphs 4.4 and 4.5 of this By-law to remove snow andJor ice from the sidewalks of the street adjoining his or her premises refuses or neglects to remove or clear away the same within the first four (4) hours of daylight after any fall of snow or fall of hail or rain which freezes on the said sidewalks; or refuses or neglects to remove dirt, debris or litter from same, and neglects or refuses to do so for twenty-four(24) hours after receiving notice from the Property Standards Officer or Superintendent of Public Works to carry out this; then said person shall be deemed to be in default of this By-law and the Property Standards Officer or Superintendent of Public Works may cause such snow, ice, dirt or litter to be cleared away and removed at the expense of such person. In the case of non-payment of such expense, the same shall be recovered in like manner as municipal taxes pursuant to Section 326 of the Municipal Act, R.S.O. 1990. 5. MOTOR VEHICLES & MACHINERY: 5.1 No person shall use any property within the Municipality of Bayham for the storing and/or parking of a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Act for the Province of Ontario or amendments thereto, for the purpose of repairing, wrecking or dismantling it or salvaging parts thereof for sale or other disposal, unless the use of such land is in conformity with the requirements of the Municipal Zoning By-laws. 5.2 No person shall use any property within the Municipality of Bayham for the storing and/or parking of any other vehicle,which is in a rusted, wrecked, discarded, dismantled, partially dismantled, inoperative or abandoned condition, unless the use of such land or structure is in conformity with the requirements of the Municipal Zoning By-laws. 5.3 Every owner shall keep every property,which he, she or they may own, lease or occupy, clear and clean of machinery, or parts thereof or other object or parts thereof or the accumulation of material that creates an unsafe condition. 5.4 No person shall use any property within the Municipality of Bayham for storing vessels or parts thereof for the purpose of repairing, wrecking or dismantling them or salvaging parts thereof for sale or other disposal unless the use of such land or structure is in conformity with the requirements of the Municipal Zoning By-laws. 5 Yard Maintenance By-Law Municipality of Bayham 6. OUTDOOR STORAGE: 6.1 No owner or occupant shall use any property as a place to store, keep, display, pile or accumulate any debris or waste material. 6.2 Where outdoor storage is permitted by law, the owner shall maintain such storage in a safe condition, located,parked or stacked in a neat and orderly fashion or in bins, containers, structures or enclosures appropriate to the nature, composition, chemical or other characteristic properties or distinctive attributes of the substance stored. 6.3 Where outdoor storage is permitted by law,the owner shall completely enclose such outdoor storage areas with fencing at least 1.5 meters in height, which fencing shall be constructed in such a fashion as to block the view of items stored. Such fenced enclosure shall be located at least 6.0 meters from any street, and the area exterior thereto shall be landscaped, save and except any adjoining building, driveway, or parking or loading area. 7. GARBAGE RECEPTACLES: 7.1 Every owner of property shall provide every building and every dwelling unit within a dwelling with sufficient receptacles to contain all garbage, rubbish and ashes. 7.2 Every owner or occupant shall promptly store all garbage and refuse in receptacles, which receptacles shall be made available for removal in accordance with the applicable by-law for the Corporation, and all amendments thereto, or where collection is by private contract, in accordance with the terms of the contract,provided that, in any event, the same shall not be permitted to accumulate upon a property in such fashion as to create a health, fire or safety hazard or create a nuisance. 7.3 Every owner or occupant shall use outside receptacles which: i) are made of water tight construction; ii) provide a cover adequate to prevent the escape of garbage and; iii) are maintained in a clean state. 7.4 Garbage in garbage storage areas shall be kept rodent and insect free at all times and methods used for exterminating rodents or insects or both, shall conform to generally accepted practice. 7.5 Paper bags of any type shall not be considered as acceptable receptacles. 7.6 No person shall cause or permit any Commercial Solid Waste or Grease Container to overflow its normal capacity when its cover or covers are in a closed and secured position. 8. PEST PREVENTION: A building shall be kept free of rodents (other than those kept as pets in wire cages), vermin and insects at all times, and methods used for exterminating rodents, vermin and insects shall be in accordance with the provisions of The Environmental Protection Act, R.S.O. 1990, c. E. 19 and The Pesticides Act, R.S.O. 1990, c. P. 11 and regulations there under made, as amended or its successor. All openings in basements, cellars or crawl spaces, including floor drains shall be protected to prevent the entrance of rodents, vermin and/or insects. 9. FENCES: 9.1 Fences shall be kept in good repair and free from accident hazards. Fences shall be kept in a structurally sound condition and shall be kept plumb, unless specifically designed to be other than vertical. Fences shall be kept protected by paint,preservative or other weather resistant material unless the aesthetic characteristics of the fence are enhanced by the lack of such material. 6 Yard Maintenance By--Law Municipality of Bayham 9.2 Every fishpond,which exceeds 0.5 metres in depth, shall be enclosed by a fence of at least 1.2 metres in height. Such fence shall not have horizontal structural members on the side away from the fishpond or any other collection of water or any other liquid and must be constructed so as not to be used as a ladder allowing entry to the enclosed area. Every fence, which encloses a fishpond exceeding 0.5 metres in depth,must be equipped with a working self-closing device and also be equipped with a working self-latching device, which cannot be easily opened by a child. 10. RETAINING WALLS: All retaining walls shall be maintained in good repair and free from accident hazard. All retaining walls shall comply with the Ontario Building Code, 1992, S.O. 1992, c. 23. Without restricting the generality of Section 10.1 of this By-law,the maintenance shall include: i) redesigning,repairing or replacing of all deteriorated,damaged,misaligned or missing portions of the wall, or railing and guards appurtenant thereto; ii) installing subsoil drains where required to maintain the stability of the wall; iii) grouting masonry cracks; iv) applying a coating of paint or equivalent preservative. 11. RAILINGS AND GUARDRAILS: All railings, hand rails and guardrails shall be of sound construction, and maintained free of health, fire and safety hazards, and shall be provided in accordance with the requirements of the Ontario Building Code. All railings,hand rails and guardrails shall be maintained in good repair and securely affixed or anchored. 12. ACCESSORY BUILDINGS: 12.1 An accessory building shall be kept in good repair, and free from health, fire and accident hazards. The exterior of an accessory building shall be weather resistant, and where necessary this shall be accomplished by the use of weather resistant materials. 12.2 All accessory buildings shall be properly anchored as to prevent said buildings from being damaged by the force of the wind and weather. 12.3 Where an accessory building is not maintained in accordance with these standards, it shall be removed from the property. 13. SWIMMING POOLS: 13.1 Swimming pools shall be maintained in good repair, free of leaks. 13.2 No person shall construct, install or erect any swimming pool on any property, which will or may, in any manner, alter the existing drainage of water upon,in, along, or through such property so as to obstruct the drainage of such property or obstruct the drainage of any adjacent property or create ponding upon any property. 13.3 Swimming pools shall be drained to the street or directly to a storm sewer system when being drained or emptied, and no person shall permit a swimming pool to drain on to an adjacent property. The backwash from pool filters shall be drained to either a sanitary or a storm sewer or may be spread on lawn areas provided seepage there from does not affect adjacent properties. 13.4 Every swimming pool, which exceeds 0.5 metres in depth, shall be enclosed by a fence of at least 1.2 metres in height. Such fence shall not have horizontal structural members on the side away from the swimming pool must be constructed so as not to be used as a ladder allowing entry to the enclosed area. 7 Yard Maintenance By-Law Municipality of Bayham 13.5 Every fence, which encloses a swimming pool, exceeding 0.5 metres in depth, must be equipped with a working self-closing device and also be equipped with a working self- latching device, which cannot be easily opened by a child. 14. SEWAGE AND DRAINAGE: 14.1 Every owner shall provide the property, which he, she or they may own, lease or occupy, with sanitary disposal of sewage into a sewage system. Sewage of any kind shall not be discharged onto the surface of the ground, whether into a natural or artificial surface drainage system or otherwise. 14.2 Every owner shall drain their land where water has accumulated upon the land to such a depth that in the opinion of the Chief Building Official, an Officer or designate, an unsafe or dangerous situation exists. 14.3 No person shall connect or permit any connection of any weeping tile, foundation drain, roof drain, or land drain into any private drain. 14.4 No person shall discharge, or permit to be discharged into any private drain or sanitary sewage system, any extraneous flow such as ground water, foundation tile water, roof or surface water or storm drainage. Every owner of a property with a private drain shall alter or repair the private drain to disconnect any extraneous flows from the private drain. 14.5 No person shall allow the discharge of roof drainage on sidewalks, stairs or neighboring property, or on any impervious surface within road allowance. 14.6 Every owner shall drain storm water from the yard so as to prevent recurrent ponding, or the entrance of water into a basement or cellar. 14.7 Every owner, lessee or occupant shall keep in repair his or her private drain and shall alter or relay the private drain as may be required by the Chief Building Official, an Officer or designated person. 15. SIGNS: 15.1 Every person shall maintain their signs: i) so as not to cause any unsafe condition; ii) in a vertical plane unless otherwise erected and approved, in which case such sign shall be maintained as erected and approved; iii) without any visible deterioration of the sign and its structure when viewed from any property other than the property on which the sign is situated;and, iv) in conformance with the requirements of the sign by-laws of the municipality. 15.2 Every person shall remove from the property, or shall store within a building, any signs that are unused or not cared for or discarded. 16. LIABILITY: Every owner, lessee and occupant of the lands and premises within the territorial limits of the Municipality of Bayham are jointly and severally liable to ensure compliance of such lands and premises with the standards prescribed by this by-law. 17. RIGHT OF ENTRY: For the purpose of ensuring compliance with the provisions of this By-law the Chief Building Official, the Property Standards Officer,the Medical Officer of Health or designate, the Fire Prevention Officer or designate, and any other person appointed as By-law Enforcement Officer and/or acting under the instructions of the Council of the Municipality of Bayham may at all reasonable times, enter upon and inspect any land or structure where garbage, refuse or waste materials is located or kept. 8 Yard Maintenance By-Law Municipality of Bayham 18. RESPONSIBILITY OF OCCUPANT AND OWNER: 18.1 The occupant of the property shall, in respect of that part of any property which he or she occupies and controls, comply with all of the standards prescribed in this By-law. 18.2 The owner of every property shall: i) comply with all of the standards prescribed in this By-law; ii) not permit any person to use or occupy any property owned by him or her unless such property conforms to the standards prescribed in this By-law; iii) comply with all lawful orders of a Property Standards Officer,within such time and in such manner as specified therein. 19. PROPERTY STANDARDS OFFICER: 19.1 For the purpose of the administration and enforcement of this By-law, the office of Property Standards Officer is hereby created, and the person appointed from time to time to this office shall be responsible for the administration and enforcement of this By-law subject to review of Council. 19.2 The Chief Building Official shall be appointed a Property Standards Officer for the purpose of the administration and enforcement of this By-law. 19.3 The Property Standards Officer may, from time to time, designate other persons to act as his assistant in the administration and enforcement of this By-law. 20. ADMINISTRATION AND ENFORCEMENT: 20.1 When any lands and/or premises are not maintained pursuant to the requirements of this By-law, the Property Standards Officer,the Chief Building Official, or a designated person may, by personal service,registered mail or any other permitted means, deliver a Notice of Violation and Repair to any owner at the address shown on the last revised assessment roll or to the last known address of any such owner. 20.2 The Notice shall state: (a) that the property does not comply with the standards prescribed by the By-law and shall specify the standards with which the property does not comply; (b) that after a certain date, specified in the Notice, the property will be subject to a re-inspection to ascertain compliance; (c) that after the specified re-inspection date, the property still does not comply to the prescribed Standards, an Order will be issued by the Officer under Paragraph 20.3 of this By-law; and (d) that the Officer may be contacted for the purpose of requesting further information and advice pertinent to the violations noted or reporting what action is being or will be taken to affect compliance with this By-law. 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. 20.4 If the Officer is unable to effect service under Paragraphs 20.2 and 20.3, he/she shall place a placard containing the terms of the Notice or the Order in a conspicuous place on 9 Yard Maintenance By-Law Municipality of Bayham the property and the placing of the placard shall be deemed as sufficient service of the Notice or Order on the owner or other persons. 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. 20.7 If any owner and/or any occupant of any lands and/or premises fails to comply with anything required to be done in accordance with this By-law, the Municipality of Bayham in addition to all other remedies, shall: (a) Have the right to repair the said lands and/or premises so as to create and/or maintain compliance with those standards set forth in this By-law, and, for this purpose with its servants and agents from time-to-time to enter in and upon the property; (b) Not be liable to compensate such owner or any other person having an interest in the property by reasons of any thing done by or on behalf of the Municipality of Bayham under provisions of this subsection, and (c) Have the right to recover from the owner of the property any amount expended by or on behalf of the Municipality of Bayham under the authority of this section and such amounts may be collected in like manner as municipal taxes. 20.8 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act. 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. 20.10 Following the inspection of a property,the Officer may, or on the request of the owner shall, issue to the owner a Certificate of Compliance, if in the Officer's opinion,the property is in compliance with this By-law. 20.11 A fee in the amount of One Hundred and Twenty Five ($125.00)Dollars shall be payable to the Municipality prior to the issuance of a Certificate of Compliance where it is issued at the request of or on behalf of the owner. 20.12 This By-law shall be enforced, by the Property Standards Officer, upon receipt of a written and signed complaint of alleged violation of this By-law from a citizen or ratepayer of the Municipality of Bayham directly affected by the alleged violation. 20.13 This By-law may be enforced by the Property Standards Officer on it's own initiative. 20.14 If an article of this By-law is for any reason held to be invalid,the remaining articles shall remain in effect until repealed. 20.15 Where a provision of this By-law conflict with the provisions of another By-law in force within the Municipality,the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail. 20.16 It is hereby declared that each and every of the foregoing provisions of the By-law is severable and that, if any provisions of this By-law should, for any reason,be declared invalid by any Court,it is the intention and desire of this Council that each and every of the remaining provisions hereof shall remain in full force and effect. 20.17 And whereas By-law#2335 for the Township of Bayham, and By-law#94-22 for the Village of Port Burwell,and By-law#829 for the Village of Vienna are hereby repealed. 20.18 Where any Act or portion of any Act is referred to in this By-law, such reference shall be interpreted as referring to any subsequently renumbered sections of the Act, and/or 10 Yard Maintenance By-Law Municipality ofBayham changes to the date of the Act, and/or amendments or revisions to the Act,or re- enactments of the Act. 20.19 This By-law shall come into full force and effect as of the date of passing thereof. READ a first, and second time this 21st day of February, 2002. 044)( 4245f iZeds-7-d Mayor Clerk READ a third time and finally passed this a G day of February, 2002. -',A.s(v)Z,X3-1:41 Mayor Clerk 11 Yard Maintenance By-Law Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2002-9 Being a By-law to Provide for the Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN 1: COLUMN 2: COLUMN 3: Set Short Form Wording Provision Creating Fine(Includes or Defining Offence Costs) 1 Fail to keep yard clean& clear of debris. Section 3.1 $105.00 2 Used land for dumping of debris. Section 3.2 $355.00 3 Dump/Deposit debris on private property. Section 3.4 $355.00 4 Dump/Deposit debris on municipal Section 3.5 $355.00 property. 5 Permit weeds/grasses to grow greater than Section 3.6 $125.00 6 inches/15 cm in height. 6 Fail to eliminate noxious weeds from yard. Section 3.7 $105.00 7 Fail to keep yard free from dead, decayed& Section 3.8 $105.00 damaged trees. 8 Fail to keep sidewalk unobstructed. Section 3.9 $105.00 9 Fail to keep roadway unobstructed. Section 3.9 $105.00 10 Fail to keep intersection unobstructed. Section 3.10 $155.00 11 Fail to clear away collapsed structure. Section 3.11 $155.00 12 Fail to maintain sidewalk. Section 4.1 $105.00 13 Fail to maintain steps. Section 4.1 $105.00 14 Fail to maintain porch&veranda. Section 4.1 $105.00 15 Fail to maintain driveway. Section 4.2 $105.00 16 Fail to maintain parking area. Section 4.2 $105.00 17 Fail to maintain loading area. Section 4.2 $105.00 18 Fail to provide unobstructed access to utility Section 4.3 $105.00 meter. 19 Fail to clear away dirt, debris& litter. Section 4.4 $ 80.00 20 Fail to clear away snow& ice. Section 4.5 $ 80.00 21 Permit storage/parking of unlieenced motor Section 5.1 $125.00 vehicle on property. 22 Permit storage/parking of vehicle on Section 5.2 $125.00 property. 23 Fail to keep property clear& clean of Section 5.3 $125.00 machinery&materials. 24 Permit storage of vessel or parts thereof on Section 5.4 $125.00 property. 25 Permit accumulation of waste material on Section 6.1 $125.00 property. 26 Fail to maintain proper outdoor storage on Section 6.2 $125.00 property. 27 Fail to maintain safe outdoor storage on Section 6.2 $155.00 property. 28 Fail to provide enclosure for outdoor Section 6.3 $155.00 storage area. 29 Fail to provide sufficient garbage Section 7.1 $105.00 receptacle(s). 30 Fail to store garbage in receptacle. Section 7.2 $105.00 31 Fail to use outside garbage receptacle. Section 7.3 $105.00 32 Fail to keep garbage storage area rodent Section 7.4 $ 80.00 free. 33 Fail to keep garbage storage area insect free. Section 7.4 $ 80.00 NOTE: The penalty provision for the offences indicated above is Section 20.8 of By-law#2002-9,a certified copy of which By-law has been filed. 12 Yard Maintenance By-Law Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2002-9 Being a By-law to Provide for the Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN 1: COLUMN 2: COLUMN 3: Set Short Form Wording Provision Creating Fine(Includes or Defining Offence Costs) 34 Cause container to overflow. Section 7.6 $ 80.00 35 Permit container to overflow. Section 7.6 $ 80.00 36 Fail to keep building rodent/vermin free. Section 8 $ 55.00 37 Fail to keep fence in good repair. Section 9.1 $105.00 38 Fail to fence in fishpond. Section 9.2 $105.00 39 Fail to maintain retaining wall. Section 10 $155.00 40 Fail to maintain railings,handrails & Section 11 $105.00 guardrails. 41 Fail to keep accessory building in good Section 12.1 $105.00 repair. 42 Fail to anchor building. Section 12.2 $105.00 43 Fail to remove accessory building. Section 12.3 $105.00 44 Fail to maintain swimming pool. Section 13.1 $105.00 45 Permit swimming pool to obstruct drainage. Section 13.2 $105.00 46 Permit swimming pool to drain onto Section 13.3 $105.00 adjacent property. 47 Fail to fence in swimming pool Section 13.4 $105.00 48 Fail to provide self-latching device on Section 13.5 $105.00 swimming pool gate. 49 Fail to provide self-closing device on Section 13.5 $105.00 swimming pool gate. 50 Fail to provide sanitary disposal of sewage. Section 14.1 $155.00 51 Fail to provide sewage disposal system. Section 14.1 $155.00 52 Owner fail to drain lands. Section 14.2 $105.00 53 Permit unauthorized connection into private Section 14.3 $155.00 drain. 54 ! Permit extraneous flow into private drain. Section 14.4 $155.00 55 Permit extraneous flow into sanitary sewage Section 14.4 $155.00 system. 56 Permit discharge of roof drainage on Section 14.5 $105.00 sidewalks. 57 Permit discharge of roof drainage on stairs. Section 14.5 $105.00 58 Permit discharge of roof drainage onto Section 14.5 $105.00 ' neighbouring property. 59 Fail to prevent ponding. Section 14.6 $105.00 60 Fail to prevent entrance of water into Section 14.6 $105.00 basement/cellar. 61 Fail to repair private drain. Section 14.7 $155.00 62 Fail to maintain sign. Section 15.1 $105.00 63 E Fail to remove sign from property. Section 15.2 $105.00 64 Fail to store unused, uncared for sign within Section 15.2 $105.00 building. 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. NOTE: The penalty provision for the offences indicated above is Section 20.8 of By-law ti2002-9,a certified copy of which By-law has been filed. 13 ah' ., tkiltrit1 (+11 6iIGE l^itiftCll�A $ c:11.1Mh1. COW: Eli ll IU !11 l.'i6b f.illh � �� L�����u�M,4 3 - I^ Itii. 1ISN 91:1'd'4iii'r ~Y[ 671 ' A_ t€11Er11OIII Mtigilil'1'1.191 ilt1Ct:2?3 tA' 11Ø1 i ro 4Ip 644 it:IC 11 CrigriVP„,F, ND May 6, 2002 MAY 10 2002, MUN[Cfl ALIY1 OF BAY1-1AM git Ms. Carol Judd 1` Municipality of Bayham PO Box 160, 9344 Plank Road Straffordville ON NOJ 1 Y0 Dear Ms. Judd: Re: Set Fines - Provincial Offences Act—Part I By-law Number 2002-9,Municipality of Bayham Enclosed herewith is a copy of an Order, and a copy of a schedule of set fines for the above referenced By-Law,the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the original of the Order and the schedule of the set fines to the Ontario Court of Justice in St. Thomas,together with a certified copy of the By-law. Yours truly, i".„,,............„ Alexander M. Graham Regional Senior Justice West Region Enclosures ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statues and Regulations thereunder and Municipal By-law No. 2002-9, of The Municipality of Bayham, attached hereto is the set fine including costs, for those offences. This Order is to take effect May 6,2002. Dated at London this 6th day of May, 2002. Alexander M. Graham Regional Senior Justice West Region Yard Maintenance By-Law Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2002-9 Being a By-law to Provide for the Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN 1: COLUMN 2: COLUMN 3:Set Short Form Wording Provision Creating Fine(Includes or Defining Offence Costs) 1 Fail to keep yard clean& clear of debris. Section 3.1 $105.00 2 Used land for dumping of debris. Section 3.2 $355.00 3 Dump/Deposit debris on private property. Section 3.4 $355.00 4 Dump/Deposit debris on municipal Section 3.5 $355.00 property. 5 Permit weeds/grasses to grow greater than Section 3.6 $125.00 6 inches/15 cm in height. 6 Fail to eliminate noxious weeds from yard. Section 3.7 $105.00 7 Fail to keep yard free from dead, decayed& Section 3.8 $105.00 damaged trees. 8 Fail to keep sidewalk unobstructed. Section 3.9 $105.00 9 Fail to keep roadway unobstructed. Section 3.9 $105.00 10 Fail to keep intersection unobstructed. Section 3.10 $155.00 11 _ Fail to clear away collapsed structure. Section 3.11 $155.00 12 Fail to maintain sidewalk. Section 4.1 $105.00 13 Fail to maintain steps. Section 4.1 $105.00 14 Fail to maintain porch&veranda. Section 4.1 $105.00 15 Fail to maintain driveway. Section 4.2 $105.00 16 Fail to maintain parking area. Section 4.2 $105.00 17 Fail to maintain loading area. Section 4.2 $105.00 18 Fail to provide unobstructed access to utility Section 4.3 $105.00 meter. 19 Fail to clear away dirt, debris& litter. Section 4.4 $ 80.00 20 Fail to clear away snow& ice. Section 4.5 $ 80.00 21 Permit storage/parking of unlicenced motor Section 5.1 $125.00 vehicle on property. 22 Permit storage/parking of vehicle on Section 5.2 $125.00 property. 23 Fail to keep property clear&clean of Section 5.3 $125.00 machinery &materials. 24 Permit storage of vessel or parts thereof on Section 5.4 $125.00 property. 25 Permit accumulation of waste material on Section 6.1 $125.00 property. 26 Fail to maintain proper outdoor storage on Section 6.2 $125.00 property. 27 Fail to maintain safe outdoor storage on Section 6.2 $155.00 property. 28 Fail to provide enclosure for outdoor Section 6.3 $155.00 storage area. 29 Fail to provide sufficient garbage Section 7.1 $105.00 receptacle(s). 30 Fail to store garbage in receptacle. Section 7.2 $105.00 31 Fail to use outside garbage receptacle. Section 7.3 $105.00 32 Fail to keep garbage storage area rodent Section 7.4 $ 80.00 free. 33 Fail to keep garbage storage area insect free. Section 7.4 $ 80.00 NOTE: The penalty provision for the offences indicated above is Section 20.8 of By-law#2002-9,a certified copy of which By-law has been filed. 12 Yard Maintenance Ely-Law Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2002-9 Being a By-law to Provide for the Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN 1: COLUMN 2: COLUMN 3:Set Short Form Wording Provision Creating Fine(Includes or Defining Offence Costs) 34 Cause container to overflow. Section 7.6 $ 80.00 35 Permit container to overflow. Section 7.6 $ 80.00 36 Fail to keep building rodent/vermin free. Section 8 $ 55.00 37 Fail to keep fence in good repair. Section 9.1 $105.00 3 8 _ Faii to fence in fishpond. Section 9.2 $105.00 39 Fail to maintain retaining wall. Section 10 $155.00 40 Fail to maintain railings,handrails & Section 11 $105.00 guardrails. 41 Fail to keep accessory building in good Section 12.1 $105.00 repair. 42 Fail to anchor building. Section 12.2 $105.00 43 Fail to remove accessory building. Section 12.3 $105.00 44 Fail to maintain swimming pool. " Section 13.1 $105.00 45 Permit swimming pool to obstruct drainage. Section 13.2 $105.00 46 Permit swimming pool to drain onto Section 13.3 $105.00 adjacent property. 47 Fail to fence in swimming pool. Section 13.4 $105.00 48 Fail to provide self-latching device on Section 13.5 $105.00 swimming pool gate. 49 Fail to provide self-closing device on Section 13.5 $105.00 swimming pool gate. 50 Fail to provide sanitary disposal of sewage. Section 14.1 $155.00 51 Fail to provide sewage disposal system. Section 14.1 $155.00 52 Owner fail to drain lands. Section 14.2 $105.00 53 Permit unauthorized connection into private Section 14.3 $155.00 drain. 54 Permit extraneous flow into private drain. Section 14.4 $155.00 55 Permit extraneous flow into sanitary sewage Section 14.4 $155.00 system. 56 Permit discharge of roof drainage on Section 14.5 $105.00 sidewalks. 57 Permit discharge of roof drainage on stairs. Section 14.5 $105.00 58 Permit discharge of roof drainage onto Section 14.5 $105.00 neighbouring property. _ 59 Fail to prevent ponding. Section 14.6 $105.00 60 Fail to prevent entrance of water into Section 14.6 $105.00 basement/cellar. 61 Fail to repair private drain. Section 14.7 $155.00 62 Fail to maintain sign. Section 15.1 $105.00 63 Fail to remove sign from property. Section 15.2 $105.00 64 Fail to store unused, uncared for sign within Section 15.2 $105.00 building. 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. NOTE: The penalty provision for the offences indicated above is Section 20.8 of By-law#2002-9,a certified copy of which By-law has been filed. 13