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
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/Terry/P6dey/Deputy Mayor
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Meg^n Shannon, Clerk