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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 1 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 � Read a third and final time this day of February 2004. Clerk: Lynda Millard Mayor, ynn Acre 2