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HomeMy Public PortalAbout22-044 - Administrative Monetary Penalty By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS BY-LAW NO. 22-044 BEING A BY-LAW TO ESTABLISH A COMPREHENSIVE SYSTEM OF ADMINISTRATIVE MONETARY PENALTIES FOR THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS. WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that the powers of a Township shall be interpreted broadly as to confer broad authority on a Township to enable it to govern its affairs as it considers appropriate, and enhance its ability to respond to municipal issues; AND WHEREAS section 391(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides for a Township to impose fees and charges on persons for services or activities it provides and for the use of its property; AND WHEREAS section 23.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended authorizes a Township to delegate its powers and duties; AND WHEREAS section 434.1 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a Township may require a person to pay an Administrative Monetary Penalty if the Township is satisfied that the person has failed to comply with a by-law of the Township passed under the Municipal Act; AND WHEREAS section 434.2 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that an Administrative Monetary Penalty imposed by the Township on a person constitutes a debt of the person to the Township; AND WHEREAS the Province of Ontario adopted the “Administrative Penalties” regulation, O. Reg 333/07 pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, as amended; AND WHEREAS the Council of The Corporation of the Township of Leeds and the Thousand Islands considers it desirable to have an Administrative Monetary Penalty By- law that sets out a process for all regulatory by-laws to which administrative monetary penalties may apply; NOW THEREFORE the Council of The Corporation of the Township of Leeds and the Thousand Islands hereby enacts as follows: 1. SHORT TITLE 1.1 This by-law shall be known and may be cited as the “Administrative Monetary Penalty By-law”. 2. APPLICABILITY AND SCOPE 2.1 This By-law applies to, and only to a Designated By-law. 2.2 This By-law shall apply to any contravention of a Designated By-law listed in Schedule “A” of this By-law. The short form wording to be used for a contravention of a Designated Bylaw and the Administrative Monetary Penalty imposed are as set out in Schedule “A” of this By-law. 2.3 The Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, will continue to apply to contraventions of a Designated By-law, except that no Person that is issued a Penalty Notice under this By-law in respect of a contravention of a Designated By- law shall be charged with an offence in respect of the same contravention under the Provincial Offences Act, R.S.O. 1990, c. P. 33, as amended. 3. DEFINITIONS 3.1 In this By-law: Administrative Monetary Penalty means a monetary penalty imposed and as set out in Schedule “A” of this By-law for a contravention of a Designated By-law and when imposed includes an administrative fee as set out in Schedule “B”; Chief Administrative Officer means the Chief Administrative Officer for the Township or any Person designated by the Chief Administrative Officer; Council means the Council of the Township of Leeds and the Thousand Islands; Clerk means the Clerk for the Township or any Person designated by the Clerk; Designated By-law means a by-law or provision of a by-law that is designated under this or any other by-law, as a by-law or provision of a by-law to which this By-law applies; Hearing Decision means a notice that contains a decision made by a Hearing Officer Hearing Non-Appearance Fee means an administrative fee as set out in Schedule “B” of this By-law in respect of a Person’s failure to appear at the time and place scheduled for a review before a Hearing or Screening Officer. Hearings Officer means a Person appointed by Council to perform the duties of a Hearing Officer for the purposes of this By-law; Hearing Officer’s Decision means a notice that contains the decision of a Hearings Officer; Holiday means a Saturday, Sunday, any statutory holiday in the Province of Ontario or any day the offices for the Township are officially closed for business; Late Payment Fee means an administrative fee as set out in Schedule “B” of this By-law in respect of a Person’s failure to pay an Administrative Monetary Penalty within the time prescribed in this By-law; NSF Fee means an administrative Fee established by the Township from time to time in respect of payment by negotiable instrument received by the Township from a Person for payment of any Administrative Penalty or Administrative Fee, for which there are insufficient funds available in the account on which the instrument was drawn, as listed in Schedule B Officer means a police officer, a Municipal Law Enforcement Officer or other person appointed by or under the authority of a Township by-law to enforce a Designated By-law; Owner includes, (a) 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 the Person’s own account or as agent or trustee of any other Person, or who would receive the rent if the land and premises were let; (b) a lessee or occupant of the property; (c) a Person having care and control of the property; Parent means a Person who has demonstrated a settled intention to treat a child as a member of his or her family whether or not that Person is the natural parent of the child; Person includes an individual, sole proprietorship, partnership, limited partnership, trust, corporation, and an individual in his or her capacity as a trustee, executor, administrator, or other legal representative; Penalty Notice means a notice issued by an Officer for a contravention of a Designated By-law; Penalty Notice Date means the date of the contravention specified on the Penalty Notice; Penalty Notice Number means the number specified on the Penalty Notice; Power of Decision means a power or right, conferred by or under this By-law, to make a decision deciding or prescribing, the legal rights, powers, privileges, immunities, duties or liabilities of a Person; (a) in the case of a Screening Officer, in respect of a request to review an Administrative Monetary Penalty; (b) in the case of a Hearings Officer, in respect of a request to review a Screening Decision; Relative includes any of the following persons: (a) spouse; (b) parent, including step-child and grandchild; (c) siblings and children of siblings; (d) aunt, uncle, niece and nephew; (e) in-laws, including mother, father, sister, brother, daughter, and son; or (f) a Person who lives with the Person on a permanent basis; Regulation means the Administrative Penalties, Ontario Regulation 333/07 under the Municipal Act, 2001, S.O. 2001, c. 25, as amended; Request for Review By Hearings Officer means a form provided by the Township to request a review of a Screening Decision; Screening Decision means a notice which contains the decision of a Screening Officer; Screening Officer means a Person appointed by Council to perform the duties of a Screening Officer for the purposes of this By-law; Screening Non Appearance Fee means an administrative fee as set out in Schedule “B” of this By-law in respect of a Person’s failure to appear at the time and place scheduled for a review by a Screening Officer; Spouse means a Person to whom the Person is married or with whom the Person is living in a conjugal relationship outside marriage; Tax Roll Address means the mailing address and contact information for the owner of property that appears in the Township’s municipal tax assessment records; Township means the Corporation of the Township of Leeds and the Thousand Islands or the land within the geographic limits of The Corporation of the Township of Leeds and the Thousand Islands as the context requires. 4. GENERAL PROVISIONS 4.1. Where an Administrative Monetary Penalty is cancelled by a Screening Officer or a Hearings Officer any administrative fee is also cancelled. 4.2. Any time limit that would otherwise expire on a Holiday is extended to the next day that is not a Holiday. 4.3. Any Schedule attached to this By-law forms part of this By-law. 4.4. Sections 431 and 440 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, apply to this By-law, providing respectively, for a court of competent jurisdiction to prohibit the contravention or repetition of an offence, and, upon application of the Township, for a court to make orders to restrain a contravention, which remedies may be sought in addition to any remedy or penalty imposed under this By-law. 4.5. Nothing in this By-law limits the Township’s right to enforce a Designated By-law by any other and all legal means. 5. PENALTY NOTICE 5.1 A Penalty Notice shall include the following information: (a) the name of the Person(s); (b) the Penalty Notice Date; (c) a Penalty Notice Number; (d) the short form wording outlined in Schedule “A” of the By-law, which describes the particulars of the contravention; (e) the amount of the Administrative Monetary Penalty outlined in Schedule “A” of this By-law; (f) the name and identification number of the Officer; (g) such information as the Director of Planning and Development or designate determines is appropriate respecting the process by which the Person may exercise the Person’s right to request a review of the Administrative Monetary Penalty; (h) a statement advising that an Administrative Monetary Penalty, including any administrative fee, will, unless cancelled or reduced pursuant to a review, constitute a debt of the Person to the Township. 5.2 An Officer who has reason to believe that a Person has contravened a provision of a Designated By-law may issue a Penalty Notice to that Person. 5.3 Every Person who contravenes a provision of a Designated By-law shall, when given a Penalty Notice, be liable to pay to the Township the Administrative Monetary Penalty set out in the Penalty Notice within 15 days of the Penalty Notice Date. 5.4 No Officer shall accept payment in respect of an Administrative Monetary Penalty. 5.5 Where a Penalty Notice is issued in respect of a contravention of a Designated By- law for which Owners of a property are responsible, the Penalty Notice shall include the name of all Persons who are the registered owners of such property, and such Persons shall be jointly and severally liable for the Penalty Notice. 6. SERVICE OF A PENALTY NOTICE 6.1 Service of any document or notice, including a Penalty Notice, respecting this By-law may be given in writing in any of the following ways and is effective: (a) when a copy is delivered to the Person to whom it is addressed; (b) on the 5th day after a copy is sent by registered mail or by regular letter mail to the Person’s last known address; (c) upon the conclusion of the transmission of a copy by facsimile transmission to the Person’s last known facsimile transmission number; or (d) upon sending a copy by e-mail transmission to the Person’s last known e- mail address. 6.2 For the purposes of sections 6.1 (b), (c) and (d), a Person’s last known address, facsimile number and e-mail address may include an address, facsimile number and e- mail address provided by the Person to the Township, including the Tax Roll Address, information provided in an application made by a Person to the Township or as provided in writing or in a form supplied by the Township for the purposes of administration of this By-law. 6.3 In addition to the service methods in section 6.1, an Officer may serve the Penalty Notice on a Person who is the Owner of a property that is in contravention of a Designated By-Law, by delivering it personally to the Person having care and control of the property and then sending a copy by regular mail to the Tax Roll Address; 6.4 Service of a Penalty Notice under section 6.3 is effective on the 5th day after a copy is sent by regular letter mail to the Tax Roll Address. 7. SCREENING OFFICER REVIEW 7.1 A Person who is given a Penalty Notice may request that the Administrative Monetary Penalty be reviewed by a Screening Officer within 15 days after the Penalty Notice Date. 7.2 If a Person does not request a review within the time limit set out in section 7.1, a Person may request that the Screening Officer extend the time to request a review within 30 days after the Penalty Notice Date. 7.3 A Person’s right to request a review or to request an extension of time to request a review are exercised by: (a) calling the telephone number listed on the Penalty Notice, providing the information required as set out in the Penalty Notice and scheduling the time and place for the review; or (b) attending in person or by a representative at the place specified in the Penalty Notice to provide the information required in the Penalty Notice and scheduling the time and place for the review. 7.4 A Person’s right to request an extension of time in section 7.2 expires if it has not been exercised within 30 days after the Penalty Notice Date at which time: (a) the Person shall be deemed to have waived the right to request a review; (b) the Administrative Monetary Penalty, including any administrative fees, shall be deemed to be affirmed on the 16th day after the Penalty Notice Date; and (c) the Administrative Monetary Penalty, including any administrative fees, is not subject to any further review, including review by any court. 7.5 A review or a request for an extension of time to request a review shall only be scheduled by the Township if the Person has exercised their right to request a review or an extension of time to request a review within the time limits set out in sections 7.1 or 7.2. 7.6 Where a Person fails to attend at the time and place scheduled for a review by the Screening Officer: (a) the Person shall be deemed to have abandoned the request for a review of the Administrative Monetary Penalty; (b) the Person shall pay to the Township a Screening No Show Fee; (c) the Administrative Monetary Penalty, including any administrative fees, shall be deemed to be affirmed on the date that was scheduled for the review; and (d) the Administrative Monetary Penalty, including any administrative fees, is not subject to any further review, including review by any court. 7.7 For the purposes of section 7.2, the Screening Officer may only extend the time to request a review of an Administrative Monetary Penalty where the Person demonstrates, on a balance of probabilities, the existence of extenuating circumstances that prevented the Person from exercising the right to request a review in the timeframe set out in section 7.1. 7.8 Where an extension of time is not granted by the Screening Officer the Administrative Monetary Penalty, including any administrative fees, is deemed to be affirmed on the 16th day after the Penalty Notice Date. 7.9 After a review of the Administrative Monetary Penalty has been held, the Screening Officer shall deliver a Screening Decision to the Person. 8.0 HEARING OFFICER REVIEW 8.1 A Person may request a review of a Screening Decision by a Hearings Officer within 15 days after the Screening Decision has been delivered to the Person. 8.2 If a Person has not requested a review within the time limit set out in section 8.1, a Person may request that the Hearings Officer extend the time to request a review within 30 days after the Screening Decision has been delivered to the Person. 8.3 A Person’s right to request an extension of time in section 8.2 expires if it has not been exercised within 30 days after the Screening Decision has been delivered at which time: (a) the Person shall be deemed to have waived the right to request a hearing; (b) the Screening Decision, which includes the Administrative Monetary Penalty and any administrative fees, shall be deemed to be affirmed; and (c) the Screening Decision, which includes the Administrative Monetary Penalty and any administrative fees, is not subject to any further review, including review by any court. 8.4 A Person’s right to request a review of a Screening Decision or to request an extension of time to request the review are exercised by: (a) attending in person or by representative at the place specified in the Request for Review by Hearings Officer; and (b) filing a completed Request for Review by Hearings Officer form. 8.5 A review or a request for an extension of time to request a review shall only be scheduled by the Township if the Person has exercised his or her right to request a review or an extension of time to request a review within the time limits set out in sections 8.1 and 8.2. 8.6 Where a Person fails to attend at the time and place scheduled for a review by a Hearings Officer: (a) the Person shall be deemed to have abandoned the request for a review of the Screening Decision; (b) the Person shall pay to the Township a Hearing No Show Fee; (c) the Screening Decision, which includes the Administrative Monetary Penalty and any administrative fees, shall be deemed to be affirmed on the date that was scheduled for the Hearing; and (d) the Screening Decision, which includes the Administrative Monetary Penalty and any administrative fees, is not subject to any further review, including review by any court. 8.7 For the purposes of section 8.2, a Hearings Officer may only extend the time to request a review of a Screening Decision where the Person demonstrates, on a balance of probabilities, the existence of extenuating circumstances that prevented the Person from exercising the right to request a review in the timeframe set out in section 8.1. 8.8 Where an extension of time is not granted by a Hearings Officer the Screening Decision, which includes the Administrative Monetary Penalty and any administrative fees, is deemed to be affirmed and shall not be subject to any further review, including review by any court. 8.9 A Hearings Officer shall not make any decision respecting a review of a Screening Decision unless the Hearings Officer has given the Person and the Township an opportunity to be heard at the time and place scheduled for the hearing of the review. 8.10 All hearings conducted by a Hearings Officer shall be in accordance with the Statutory Powers and Procedures Act, R.S.O. 1990, c. S. 22, as amended. 8.11 After a hearing is complete the Hearings Officer shall issue to the Person a Hearing Officer’s Decision. 9. ESTABLISHMENT AND APPOINTMENT OF SCREENING AND HEARING OFFICERS 9.1 The position of Screening Officer is established for the purpose of exercising the Power of Decision in the review of an Administrative Monetary Penalty in accordance with this Bylaw and the Regulation. 9.2 The following are not eligible for appointment as a Screening Officer: (a) a member of Council; (b) an Officer; (c) a relative of a person referenced in section 9.2(a) and 9.2(b). 9.3 The position of Hearings Officer is established for the purpose of exercising the Power of Decision in the review of a Screening Decision in accordance with this By- law and the Regulation. 9.4 The following are not eligible for appointment as a Hearing Officer: (a) a member of Council; (b) an employee of the Township; (c) an Officer; (d) a relative or a person referenced in section 9.4(a), 9.4(b) and 9.4(c); (e) a person indebted to the Township other than: (i) in respect of current real property taxes; or (ii) pursuant to an agreement with the Township, the terms with which the person is in compliance. 9.5 A Screening Officer and a Hearings Officer shall be appointed by Council 9.6 A Screening Officer and a Hearings Officer shall hold office for the term or remainder of the term of Council that appointed the Screening Officer and Hearings Officer and thereafter until a successor is appointed. 9.7 A Screening Officer and a Hearings Officer shall be remunerated at the rate from time to time established by Council. 9.8 No person shall attempt, directly or indirectly, to communicate with or influence a Screening Officer or a Hearings Officer respecting the determination of an issue respecting a Power of Decision in a proceeding that is or will be pending before the Screening Officer or Hearings Officer except a Person who is entitled to be heard in the proceeding or the Person’s lawyer, licensed representative or authorized agent and only by that Person or the Person’s lawyer, licensed representative or authorized agent during the screening or hearing of the proceeding in which the issue arises. 9.9 Section 9.8 does not prevent a Screening Officer or Hearings Officer from seeking and receiving legal advice. 9.10 Sections 9.6 and 9.7, do not apply to a Screening Officer that is an employee of the Township. 10. JURISDICTION OF SCREENING AND HEARINGS OFFICER 10.1 Neither a Screening Officer nor a Hearings Officer has jurisdiction to consider questions relating to the validity of a statute, regulation or by-law or the constitutional applicability or operability of any statute, regulation or by-law. 10.2 On a review of the Administrative Monetary Penalty, the Screening Officer may affirm the Administrative Monetary Penalty, including any administrative fee, or the Screening Officer may cancel, reduce, or extend the time for payment of the Administrative Monetary Penalty, including any administrative fee, on the following grounds: (a) where the Person establishes on a balance of probabilities, that they did not contravene the Designated By-law as described in the Penalty Notice; or (b) where the Person provides clear and sufficient evidence to establish that the cancellation, reduction or extension of time for payment of the Administrative Monetary Penalty, including any administrative fees, is necessary to relieve any undue hardship. 10.3 On a review of a Screening Decision, a Hearings Officer may affirm the Screening Decision, or the Hearings Officer may cancel, reduce or extend the time for payment of the Administrative Monetary Penalty, including any administrative fee, on the following grounds: (a) where the Person establishes on a balance of probabilities, that they did not contravene the Designated By-law as described in the Penalty Notice; or (b) where the Person provides clear and sufficient evidence to establish that the cancellation, reduction or extension of time for payment of the Administrative Monetary Penalty, including any administrative fee, is necessary to relieve any undue hardship. 10.4 Any decision by a Hearings Officer is final and is not subject to any further review, including review by any court. 11. ADMINISTRATION OF THE BY-LAW 11.1 The Director of Planning and Development or designate shall administer the By-law and establish any practices, policies and procedures necessary to implement the By-law. 11.2 The Director of Planning and Development or designate shall prescribe all forms and notices, including the Penalty Notice, necessary to implement the By-law and may amend such forms and notices from time to time as the Chief Administrative Officer or designate deems necessary. 11.3 The Director of Planning and Development or designate may cancel an Administrative Monetary Penalty, including any administrative fee, where the Penalty Notice was issued to a Person due to an error made by the Township. 11.4 The Director of Planning and Development or designate may cancel any administrative fee, without cancelling the Administrative Monetary Penalty, where the fee was imposed as the result of an error made by the Township. 12. FINANCIAL ADMINISTRATION 12.1 The Administrative Monetary Penalty is due and payable on the Penalty Notice Date and within 15 days of the Penalty Notice Date, unless a request for Screening Officer Review is submitted within the required timeframe. 12.2 A Person who is given a Penalty Notice and who does not pay the amount of the Administrative Monetary Penalty within 15 days of the Penalty Notice Date shall pay to the Township the Late Payment Fee and any other administrative fees in Schedule “B” of this By-Law which may be applicable. 12.3 An Administrative Monetary Penalty, including any administrative fees, that is deemed affirmed is automatically affirmed under this By-law and does not require a Power of Decision provided to the Screening Officer or the Hearings Officer. 12.4 Where a Person has paid an Administrative Monetary Penalty that is then cancelled or reduced pursuant to this By-law, the Township shall refund the amount cancelled or reduced including any administrative fees imposed. 13. CONSEQUENCES OF NON-PAYMENT 13.1 An Administrative Monetary Penalty, including any administrative fees, that is affirmed or reduced or in respect of which the time for payment has been extended is due and payable and constitutes a debt to the Township owed by the Person to whom the Penalty Notice was given. 13.2 An Administrative Monetary Penalty, including any administrative fees, that is not paid within 15 days after it becomes due and payable shall be deemed to be unpaid taxes and may be collected in the same manner as taxes in accordance with section 434.2 Municipal Act, 2001, S.O. 2001, c. 25, as amended. 13.3 In the event of extenuating circumstances, a Person subject to a Hearing No Show Fee may request in writing to the Chief Administrative Officer or designate that the matter be reviewed, and upon providing any and all evidence satisfactory to the Chief Administrative Officer or designate , the said administrative fee may be cancelled, and an opportunity for another hearing granted, with the decision by the Chief Administrative Officer or designate being final. 14. SEVERABILITY 14.1 If a court of competent jurisdiction declares any section or part of this By-law invalid, it is the intention of Council of the Township that the remainder of this By-law shall continue in force unless the court makes an order to the contrary. 15. EFFECTIVE DATE 15.1 This By-law shall come into force and take effect on the date of its passing. READ A FIRST AND SECOND TIME THIS 11th DAY OF JULY, 2022. READ A THIRD TIME AND FINALLY PASSED THIS 11th DAY OF JULY, 2022. The Corporation of the Township of Leeds and the Thousand Islands Corinna Smith-Gatcke, Mayor Atra Megan Shannon, Clerk • SCHEDULE A TO BY-LAW NO. 22-044 ADMINISTRATIVE PENALTY BY-LAW THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS DESIGNATED BY-LAWS DESIGNATED BY-LAW BY-LAW NUMBER Property Standards By-law By-law 2022-46 Safe Properties By-law By-law 2022-47 Canine Control By-law By-law 2022-48 Noise Control By-law By-law 2022-49 SCHEDULE B TO BY-LAW NO. 22-044 ADMINISTRATIVE PENALTY BY-LAW THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS ADMINISTRATIVE FEES ITEM FEE Hearing Non-appearance Fee $350.00 Late Payment Fee $30.00 NSF Fee $30.00 Screening Non-appearance Fee $125.00 Land Title Search Fee $30.00 Title Deed Fee $30.00 SCHEDULE C TO BY-LAW NO. 22-044 ADMINISTRATIVE PENALTY BY-LAW THE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE THOUSAND ISLANDS SET FINE SCHEDULES The following tables set out the Designated By-laws, short form wording and the set penalty for each offence. TABLE 1: DESIGNATED BY-LAW #22-046 PROPERTY STANDARDS BY-LAW ITEM COLUMN 1 – BY-LAW REFERENCE COLUMN 2 – SHORT FORM WORDING COLUMN 3 – SET FINE 1 4.1 Use or occupy a non-conforming property $300 2 4.2 Fail to maintain property $150 3 4.3 Fail to repair or replace damaged property $150 4 4.4 Fail to suitably repair property $200 5 4.5 Fail to take immediate action to repair an unsafe condition $300 6 4.6 Fail to barricade dangerous condition $300 7 5.1 Appliances left in yard or used as storage $150 8 5.3.1 Fail to keep property clear of waste $150 9 5.3.2 Fail to keep property clear of machinery of parts thereof $150 10 5.3.3 Fail to keep property free from hazards $300 11 5.3.4 Fail to protect property with weather resistant material $150 12 5.3.5 Fail to fit property with properly sized windows and doors $150 13 5.4 Items and equipment not stored in a clean and orderly fashion $100 14 5.5 Salvage yard without properly sized fence $300 15 5.6 & 5.7 Fail to keep compost in neat condition $150 16 5.8 Fail to repair or demolish damaged structure $300 17 5.9 Fail to follow repair or demolition requirements $300 18 5.10 Fail to keep structures clean of objectionable markings and defacement $100 19 5.11 Fail to maintain fences, barriers, retaining walls, screens and enclosures $150 20 5.12 Fail to prevent nuisance $300 21 5.12.1 Fail to prevent light into dwelling $150 22 5.12.2 Fail to prevent debris onto adjacent property $150 23 5.13 Warehousing and storage not maintained $150 24 5.14 Fail to erect fences around excavation $300 25 5.15 Fail to maintain drainage $300 26 5.16 Storage of fill exceeding the allowed time $150 27 5.17 & 5.18 Improper storage of firewood $100 28 5.19 Fail to maintain Yard as required $100 29 5.20 Fail to follow stormwater requirements $200 30 5.21 Improper snow storage $200 31 5.22.1 & 5.22.2 Fail to maintain heritage property $350 32 5.22.3 Replace or demolish heritage attribute $350 33 5.22.4 Improper heritage building repair $350 34 5.23.1 Fail to keep lawns and shrubs manicured $150 35 5.23.2 & 5.23.3 Fail to provide and maintain suitable ground cover $150 36 5.23.4 Fail to prevent soil erosion $200 37 5.23.5 Fail to promptly remove dead or damaged vegetation $150 38 5.24 Obstructive vegetation $200 39 5.25 Property not in compliance with landscaping features $150 40 5.26 Fail to maintain sanitary sewage practices $300 41 5.27 Fail to remove or refinish damaged sign $150 42 5.28 Fail to remove sign within ascribed time frame $150 43 5.29 Erecting a sign without property owners’ permission $150 44 5.30 Fail to maintain structural integrity $300 45 5.31 Fail to maintain exterior walls and their components and attachments $150 46 5.32 & 5.33 Fail to secure vacant building $300 47 5.35 Fail to disconnect or secure utilities $300 48 5.36 Fail to keep vacant property clean and free from obstruction $150 49 5.37.1 Unlicensed vehicle on property $150 50 5.37.2 Store or keep derelict vehicle $150 51 5.37.3 Fail to properly store operable equipment or parts $150 52 5.38 More than three inoperable vehicles on property $200 53 5.39 Fail to provide and maintain safe and clean walks, driveways, parking, and loading areas $150 54 5.40.1 Fail to provide and maintain a hard surfaced walkway $100 55 5.40.2 Fail to maintain unimpeded access ways $300 56 5.41 Fail to provide waste receptacles $150 57 5.42 Fail to follow waste receptacle guidelines $100 58 5.43 Overflowing waste receptacle $300 59 5.44.1 Fail to empty dumpster or large bin $150 60 5.44.2 Bin on property for more than allowed time $150 61 6.1 Fail to follow basement or cellar design requirements $150 62 6.2 Fail to meet flood proofing standards $150 63 6.3.1 Fail to keep interior free from vermin and insects $150 64 6.3.2 Fail to exterminate vermin and insects $200 65 6.3.2 Fail to provide or maintain screen $150 66 6.4 Fail to provide and maintain safe and clean interior passageways and exits $200 67 6.5 No continuous passageway from dwelling unit to the exterior of the building $150 68 6.6.1 Fail to follow requirements for garage door entrance and exits $150 69 6.6.2 Fail to follow door requirements for buildings containing more than three dwelling units $150 70 6.6.3 Fail to maintain communications system $150 71 6.6.4 Fail to follow requirements for garage and multiple dwelling door exits $150 72 6.6.5 Fail to provide safety equipment $300 73 6.6.6 Fire doors open when not in use $300 74 6.6.7 Improperly fitting interior doors $150 75 6.6.8 Fail to provide dwelling unit doors with locking mechanism $150 76 6.6.9 Roof access doors left open $300 77 6.7.1 Exterior opening contains rotted or defective members $150 78 6.7.2 Exterior opening contains defective or missing hardware $150 79 6.7.3 Exterior opening torn, damaged, or missing screens $150 80 6.7.4 Exterior opening contains defective or missing weather stripping or caulking $150 81 6.7.5 Exterior opening contains broken or missing glass $150 82 6.8 Fail to maintain every window and exterior door $150 83 6.9 Fail to maintain every floor, stair, and landing $150 84 6.10 Fail to maintain every kitchen, sink, and toilet floor $150 85 6.11.1 Garage fails to prevent gases from entering a dwelling unit $300 86 6.11.2 Inoperative machinery in garage $150 87 6.11.3 Fail to provide safe-exit routes in garage $300 88 6.12 Fail to provide sufficient handrail or guard $150 89 6.13 Fail to maintain laundry, recreation, play and recreation areas $150 90 6.14 Storage room exit impeded $150 91 6.15 Non-permitted storage of flammable materials $150 92 6.16.1 Fail to keep unit and fixtures in a clean and sanitary condition $150 93 6.16.2 Fail to keep dwelling unit exits clear $200 94 6.16.3 Fail to cooperate with landlord to uphold requirements $150 95 6.17 Use of non-habitable floor area for sleeping purposes $150 96 6.18 Number of residents exceeds the permitted amount $150 97 6.19 Minimum floor area is not met $150 98 6.20 Fail to maintain every wall and ceiling $150 99 7.1.1 Dwelling unit not connected to electrical supply system $150 100 7.1.2 Electrical fixtures in unsafe condition $200 101 7.1.3 Kitchen or laundry unit does not meet electrical service requirements $150 102 7.2 Non-permitted use of extension cord $150 103 7.3 Elevator or hoist does not meet requirements $300 104 7.4 Heating system unable to maintain room temperature $300 105 7.5 Fail to provide adequate supply and storage of fuel $300 106 7.6 Use of auxiliary heater as primary source of heat $200 107 7.7 Heater is in a non-permitted location $200 108 7.8 Fail to prevent the passage of fumes $300 109 7.9 Fail to maintain fireplace or solid fuel burning appliance $300 110 7.10 Fail to provide or maintain kitchen facilities $150 111 7.11 Fail to meet lighting requirements $150 112 7.13 Missing one of more of: toilet, washbasin, kitchen sink, bathtub or shower $150 113 7.14 Fail to meet plumbing fixture and system requirements $300 114 7.15 Fail to meet toilet and urinal requirements $150 115 7.16 Non-permitted disconnection of the plumbing system $300 116 7.17 Fail to meet place of employment plumbing requirements $300 117 7.18.1, 7.18.2 & 7.18.4 Fail to provide adequate ventilation $150 118 7.18.3 Ventilation source is contaminated $150 119 7.18.5 Ventilation duct located in non-permitted location $150 120 7.18.6 Missing carbon monoxide monitors $200 121 7.18.7 Fail to remove or prevent the passage of fumes in a non-residential building $300 TABLE 2: DESIGNATED BY-LAW #22-047 SAFE PROPERTIES BY-LAW ITEM COLUMN 1 – BY-LAW REFERENCE COLUMN 2 – SHORT FORM WORDING COLUMN 3 – SET FINE 1 2 (a) Fail to keep property free of waste $150 2 2 (b) Fail to keep property free of long grass, discarded brush, weeds, or other growth $150 3 2 (c) Fail to safely store timber, lumber, or any other type of material $150 4 2 (d) Fail to keep property free of scrap and junk material $150 5 2 (e) Property contains an unfenced pit, precipice, excavation, or deep water $300 6 2 (f) Buildings, fences, scaffolding, retaining walls or any other erection in an unsafe condition or risk of fire or accident $200 7 2 (g) Fail to safely store combustible, flammable, volatile, caustic, or explosive material $200 TABLE 3: DESIGNATED BY-LAW #22-048 NOISE BY-LAW ITEM COLUMN 1 – BY-LAW REFERENCE COLUMN 2 – SHORT FORM WORDING COLUMN 3 – SET FINE 1 3 Make, cause or permit the emission of noise likely to disturb $150 2 4 Make or permit noise during a prohibited time $200 3 Schedule 1 (1) Non-permitted racing of motor vehicles $150 4 Schedule 1 (2) Make, cause or permit tires to squeal $150 5 Schedule 1 (3) Operate a combustion engine without an effective exhaust or muffler $150 6 Schedule 1 (4) Operate an engine for a period exceeding five minutes while such vehicle is stationary $150 7 Schedule 1 (5) Operate construction equipment without an effective muffling device $300 8 Schedule 1 (6) Operate an air conditioner, pool pump, or similar equipment that is not in proper working order $150 TABLE 4: DESIGNATED BY-LAW #22-049 LICENSING, REGULATING AND KEEPING OF CANINES BY-LAW ITEM COLUMN 1 – BY-LAW REFERENCE COLUMN 2 – SHORT FORM WORDING COLUMN 3 – SET FINE 1 4.1 Fail to acquire or maintain dog(s) license $125 2 4.6 Fail to affix license on dog(s) $125 3 4.9 Keeping more than the allowed number of dogs $250 4 5.1 Allow a dog to become a public nuisance $200 5 5.3 Fail to remove excrement left by dog $200 6 7.3(a) Failing to properly confine a dangerous dog with an appropriate fence or securely tethered $300 7 7.3(b) Failing to keep a dangerous dog under control of a competent Person when off owners premises $300 8 7.3(c) Failing to muzzle a dangerous dog $300 9 7.3(d) Failing to notify the Township of change in ownership/residence or death of a dangerous dog $200 10 7.3(e) Failing to notify the Township of a dangerous dog running at large/attacking a person/biting a person $500 11 7.3(f) Failure to display warning of a dangerous dog $200 12 7.6 Fail to comply with restrain order $500 13 9.1 Allow a dog to run at large $150 14 9.2(a) Failing to keep a dog leashed $150 15 10.4 Retrieved dog from pound and failed to pay impound fee $200 16 11.1 Fail to acquire Kennel license $300 17 11.2 Owner/operator/manager not residing on Kennel property $200 18 11.3 Fail to renew Kennel License $300 19 11.6 Fail to produce Kennel License when requested $200 20 11.9(b) Sale of pups or money made from a Hobby Kennel $500 21 11.9(c) Keeping more than the allotted dogs for a Hobby Kennel $500 22 11.9(d) Failing to register dogs owned by Hobby Kennel to the Township $200 23 11.10(e) Failing to register dogs owned by Commercial Kennel to the Township $200