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HomeMy Public PortalAbout23-061 - By-law to Amend Safe Properties By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO. 23-061 BEING A BY-LAW TO PROVIDE FOR SAFE PROPERTIES FOR THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS. WHEREAS the Council of the Township of Leeds and the Thousand Islands has enacted Safe Properties By-law No. 22-047 to prescribe standards for the owner or occupant of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings; regulate when and how land shall be cleared and cleaned; prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of the land; and define "refuse" for the purpose of this by-law; AND WHEREAS Council deems it expedient to amend By-law 22-047 to add provisions to address repeated by-law infractions and responsibilities of property owners; NOW THEREFORE the Council of the Corporation of the Township of Leeds and the Thousand Islands hereby enacts as follows: 1. THAT the following new Section 6 be added to the by-law: 6. RESPONSIBILTY OF PROPERTY OWNER Every owner of property and every officer or director of a corporation that owns property within the Township of Leeds and the Thousand Islands has a duty to take all reasonable care to prevent occupants and users of their property from breaching the provisions of this By-law; i. Every person who has a duty under this section and who fails to carry out that duty is guilty of an offence. ii. A director or officer of a corporation is liable to a conviction under this section whether or not the corporation has been prosecuted or convicted. 2. AND THAT the following sections of the by-law be renumbered accordingly; 3. AND THAT Section 7(h) Penalty, be deleted and replaced with the following new Section 7(h): h) Penalty i. Every person who contravenes any provision of this Bylaw is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act R.S.O. 1990, c. P33 and to any other applicable penalties. ii. Each Person who contravenes any provision of this By-law or fails to comply with an order issued in accordance with this By-law, shall, upon issuance of a penalty notice in accordance with Administrative Monetary Penalty By-law 22-044, be liable to pay to the Township an administrative penalty. If a Person receives a penalty notice in accordance with the Administrative Monetary Penalty By-law for a contravention of the Safe Properties By-law, the following tiered penalty system applies: (a) for a single contravention, the Person shall be liable to pay to the Township the tier one (1) administrative penalty in the amount for that contravention as established by Schedule C to the Administrative Monetary Penalty By-law. (b) if the Person receives a second penalty notice for a contravention of the Safe Properties By-law within twelve (12) months from the date of the penalty notice containing a tier one (1) administrative penalty amount, the Person shall be liable to pay to the Township a tier two (2) administrative penalty amount for that contravention in the amount of the tier one (1) penalty plus $100. (c) if the Person receives a third penalty notice for a contravention of the Safe Properties By-law within twelve (12) months from the date of the penalty notice containing a tier two (2) administrative penalty amount, the Person shall be liable to pay to the Township a tier three (3) administrative penalty amount for that contravention in the amount of the tier two (2) penalty plus an additional $150. (d) If the Person receives any subsequent penalty notices for further contravention of the Safe Properties By-law within twelve (12) months from the date of the penalty notice containing a tier three (3) administrative penalty amount, the Person shall be liable to pay to the Township a tier three (3) administrative penalty amount for that offence. iii. Every Person who is in contravention of the provisions of this By-law may request a review of the matter in accordance with the Administrative Monetary Penalty By-law. 4. EFFECTIVE DATE This by-law shall come into force and effect upon the date of passing. READ A FIRST AND SECOND TIME THIS 10TH DAY OF OCTOBER, 2023. READ A THIRD TIME AND FINALLY PASSED THIS 10TH DAY OF OCTOBER, 2023. The Corporation of the Township of Leeds and/tf^e T^ou^and Islands '<^l^f /Terry/P6dey/Deputy Mayor ^anA/m Meg^n Shannon, Clerk