HomeMy Public PortalAbout22-047 - Safe Properties By-lawTHE CORPORATION OF THE TOWNSHIP OF LEEDS AND THE
THOUSAND ISLANDS
BY-LAW NO.22-047
BEING A BY-LAW TO PROVIDE FOR SAFE PROPERTIES FOR THE TOWNSHIP OF
LEEDS AND THE THOUSAND ISLANDS.
WHEREAS Section 127 of the Municipal Act,2001,S.O.2001,c.25,provides that a
local municipality may require 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 de?ne “refuse”for the purpose of this by—law;
AND WHEREAS Section 131 of the Municipal Act,2001 ,S.O.2001,c.25,provides
as that a local municipality may prohibit and regulate the use of any land for the
storage of used motor vehicles for the purpose of wrecking or dismantling them or
salvaging parts from them for sale or other disposition;
AND WHEREAS Section 398 of the Municipal Act,2001 ,S.O.2001,c25,provides
that a local municipality may impose fees and charges for work done by the
municipality to implement a bylaw,and once charged,add unpaid fees or charges to
the tax roll and collect them in the same manner as municipal taxes;
AND WHEREAS Section 436 of the Municipal Act,2001 ,S.O.2001,c25,provides
that the municipality may require the production of documents and things relevant to
an inspection and conduct other examinations,texts,and investigations to determine
if a by—|awhas been contravened;
AND WHEREAS the Council of the Township of Leeds and the Thousand Islands
deems it desirable to establish standards for the maintenance and safety of
properties,so that the owners and occupants provide minimum standards for persons
who may live at,attend or othenNise be affected by the condition of the properties;
NOW THEREFORE the Council of the Corporation of the Township of Leeds and the
Thousand Islands hereby enacts as follows:
1.SHORT TITLE
This by-law shall be referred to as the “Safe Properties By—law”.
2.DEFINITIONS AND INTERPRETATION
In this By-law:
Council shall mean the Council of Leeds and the Thousand Islands.
Debris shall mean wreckage,ruins,litter and discarded garbage,refuse or trash,
scattered remains of something destroyed and includes disused materials,
appliances,devices,vehicles,parts and equipment of any kind whatsoever.
Director means the Director or Manager who supervises the Bylaw Enforcement
Officer and his or her designate or successor.
Exterior Property means the building lot excluding buildings.
Fence means any structure,wall or barrier,other than a building,erected at grade
forthe purpose of defining boundaries of property,separating open space,restricting
ingress to or egress from property,providing security or protection to property or
acting as a visual or acoustic screen.
lnoperative Motor Vehicle means a vehicle which is missing parts,including tires or
which has damage or missing windshield or window or deteriorated or removed metal
adjunctions,which prevent its mechanical function and shall include un licenced
motor vehicles or motor vehicles with out currently validated licence plates issued for
the vehicle by the Ministry of Transportation of Ontario.
Occupant means any person or persons over the age of 18 years in possession of a
property.
Officer means a Bylaw Enforcement Officer for the Township of Leeds and the
Thousand Islands who has been duly appointed by bylaw for the purpose of
administering and enforcing the provisions of this bylaw.
Owner includes the owner in trust,a mortgage in possession,the person for the time
being,managing or receiving rent of the land or premises in connection with which
word is used whether on his own account,or as agent or trustee of another person,
or who would receive the rent if the 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.
Refuse means any article,thing,matter or any effluent belonging to or associated
with a house or household or concerning or relating to the home or family and any
article,thing,matter or any effluent belonging to or associated with industry or
commerce or concerning or relating to manufacture or concerning or relating to any
trade,business,calling or occupation that in the opinion of the Director,committee or
the Officer appears to have been cast aside or discarded or abandoned or appears
to be worthless or useless or of no practical value or appears to be used up in whole
or in part or expended or worn out in whole or in part and for greater certainty,but not
so as to restrict the generality of the foregoing it is hereby declared that refuse
extends to the following including but not limited to:
a)Accumulations,deposits,leaves,litter,remains,rubbish,trash;
b)Refrigerators,stoves,freezers or other appliances,any attached hinges or
latching,locking or other closing mechanism or device;
c)Furnaces,furnace parts,pipes,fittings to pipes,water or fuel tanks;
d)lnoperative motor vehicles,vehicle parts and accessories;
e)Paper,cartons
f)Interior Furniture
g)Crockery,Articles,things,matter effluent which in whole or in part or
fragments thereof,are derived from or consist of;Agricultural,animal,
vegetable,paper,lumber or wood products.
h)Mechanical equipment,parts,accessories or adjuncts to vehicles and or
mechanical equipment;
i)Piping,tubing,conduits,cable and fittings or other accessories,or adjuncts
to the piping,tubing,conduits or cable
j)Containersof any size,type,or composition.
k)Rubble,inert fill.
Safe Condition means a condition that does not pose or constitutes an undue or
unreasonable hazard or risk of life,limb or health of any person on or about the
property.
Solid Waste means any solid non—hazardous garbage,recycling or other diverted
materials that are regularly collected under private or municipal contract.
Standards means the standards of physical condition and of occupancy
prescribed for property by the bylaw.
Vacant Land Means any land with no houses,offices or other permanent
structures.
Vehicle includes a motor vehicle,boat.Motorized snow vehicle or other
mechanical power-driven equipment.
Vermin shall mean small animals that harm,damage property,that are difficult to
control or are undesirable.For the purpose of this by-law,skunks,squirrels,
chipmunks,raccoons,rats,mice,weasels,and rabbits are considered vermin.
Waste includes refuse or garbage of any kind whatsoever and without limiting the
generality of the foregoing;included kitchen and table waste of animal origin,
clothing ashes,paper,cartons,crockery,tin,plastics,cans,glass or glassware,
brush,timber,lumber,cable waste,rocks,bricks,concrete,gravel,sand,soil,
appliances,automotive and mechanical parts,furnaces,bedsprings,mattresses,
furniture,boxes,barrels,water or fuel tanks,containers,either full or empty for
paint,oil,solvents,items containing asbestos insulation,fuel tanks,batteries,acids
and other prohibited hazardous waste as defined by the Ministry of the
Environment.Waste shall not include compostable materials such as grass
cuttings,leaves,garden refuse,kitchen and table or vegetable origin when
enclosed in a container approved by the Property Standards Officer.
Yard shall mean any open,uncovered,unoccupied space appurtenant to a
building on a residential non-residential,or vacant property used or capable of
being used in connection with the property,and includes driveways,parking areas,
walkways,gardens,playgrounds,swimming pool areas,unenclosed decks
unenclosed porches,unenclosed carports and unenclosed garages.
Term not defined shall mean any word or term not de?ned in this bylaw shall have
the meaning ascribed to it in the Act or the Building Code;if the word is not in the
Act or Building Codeit shall mean as defined in the Webster’s Dictionary.
3.GENERAL STANDARDS FOR ALL PROPERTIES AND USES
a)No person,being the owner or occupant of a property,shall fall to maintain
the property in conformity with the standards required in this Bylaw.
b)No owner or occupant of property shall use,occupy or allow,permit or
consent to the use or occupation of the property unless such property conforms
to the standards prescribed in this Bylaw.
c)The owner of any property which does not conform to the standards in this
Bylaw shall maintain the property to conform to the standards or shall clear the
property of all garbage,rubbish,waste or accumulations of such materialthat
prevent access to or exit from the property in the case of emergency,or other
safety or health hazard and shall leave the property in a graded and levelled
condition.
d)This bylaw does not apply to matters which,in the opinion of the Director,
Manageror Officer,are minor in nature.
4.RESPONSIBILITY OF OWNER
a)The owner of the property shall maintain and keep clean the
property in accordance with the standards and take immediate action to
eliminate any unsafe condition.The owner of every property shall be
responsible for the rubbish,garbage,waste or other debris which has blown,
drifted or othen/vise been transported from the property including the collection
and removal of the rubbish,garbage waste or other debris as directed by a
Bylaw Enforcement Of?cer.
5.MAINTENANCE OF LANDS
a)Condition of Lands
The following provisions do not apply to Building materials and/or equipment
incidental to the construction of a building or structure or such materials or
equipment incidental to the landscaping,including the grading or the placement
of fill,until such time as the construction or landscaping is completed as per the
proper permit.
i.All lands shall be kept clean and free of litter,rubbish,waste,debris or
conditions that might cause a health,fire or accident hazard.
ii.Every property shall be maintained to be free from vermin and conditions
that may always promote an infestation.
iii.All lands shall be kept clear of long grass,brush and undergrowth by cutting
regularly and removing the cuttings from the land.
iv.Yards shall be kept clean and free of any vehicle including a trailer,
machinery or parts thereof which is in a wrecked,discarded,dismantled,
unlicensed,inoperative or abandoned condition,except in an establishment
licensed or authorized to conduct a salvage,wrecking or repair business and
then only if such establishment conforms with all relevant bylaws of the
municipality or other Acts.
v.Scrap and junk materials including without limiting its
generality,tools,tires,appliances,equipment or any part thereof
vi.Timber,lumber,building materials or any other type of
product or material stored or kept under conditions that are safe from fire or
other dangerous risk or accident.
vii.Any pit,excavation or deep water that is unfenced or unprotected against
risk or accident.
viii.Any combustible,flammable,volatile,caustic or explosive substance unless
stored under conditions that are safe and free from risk of ?re or accident.
ix.All furniture used for exterior use shall be of an exterior grade material that
readily repels water.Lands shall be kept clean and free from Wrecked,
discarded,dismantled or inoperative recreation equipment and furniture.
x.Appliances such as refrigerators,stoves and freezers shall not be left in
yards and shall not be used a place of storage.
xi.Alllawns,hedges and shrubs shall be kept trimmed and in a slightly and
neat conditiontoprevent undue overgrowth.
xii.Trees,bushes and hedges,including any branches or limbs thereof,which
are dead,’decayed or damaged,and brush shall be promptly removed from the
PF0P€.F'fY-
xiii.Every tenant,occupant or lessee or owner of a residential,commercial,or
industrial property shall maintain the property or part thereof and land which he
occupies or controls,in a clean,sanitary and safe condition and shall dispose
of garbage and debris on a regular basis.
xiv.Every tenant,occupant or lessee or owner of a residential,commercial,or
industrial property shall maintain the Rol|—off Service Bins.At no time can
garbage overflow onto the ground around the bin.The Bins must be removed
on a regular basis as to not promote odour or pest infestation.Residential
property must remove the bin as soon as the work has been completed.Roll-
Off bins shall not under any circumstances be located within any drainage
swale.
xv.The occupant of a residential property may provide for a compost heap or
bin provided it is no largerthan six (6)feet square and three (3)feet in height in
a commercial plastic enclosed container designed for composting.
xvi.Compost heaps or bins shall not be placed in the front yard or side yards
and shall not under any circumstances be located within any drainage swale.
xvii.Every compost heap or bin shall be maintained to deter animals
xviii.Firewood shall be neatly piled in rear yard only.
xix.Any items accessory to a residential use such as toys,bicycles,garden and
yard equipment shall be kept in a clean and orderly condition in the rear or
interior side yard.
xx.No machinery or parts thereof,or other object,or material,not associated
with the normal occupancy and use ofa property,including among otherthings,
appliances,fixtures,paper,cartons,boxes,or building materials such as
lumber,masonry material or glass,other than intended for immediate use on
the property,shall be stored or allowed to remain in an exterior property area.
xxi.The warehousing or storage of material or operative equipment that is
required for the continuing operation of the industrial or commercial aspect of
the property shall be maintained in a neat and orderly fashion so as not to create
a fire or accident hazard and shall provide unobstructed access for emergency
vehicles.
xxii.No roofdrainage or sump pump drainage shall be altered so as to discharge
onto sidewalk,stairs,neighbouring property,or sanitary sewer.
xxiii.No swimming pool shall be drained onto adjacent privately-owned property
or into a sanitary sewer.
b)Vacant Lots
i.Vacant Lots shall be kept cleared of garbage,rubbish,debris,long grass and
shall be maintained to prevent ?re,health or accident hazards.
ii.No storage of any kind,including vehicles,equipment,material,debris,refuse,
unless speci?cally zoned for that purpose as a main use in the Township Zoning
By—law.
c)Wreckin‘
Yards
i.Exceptasprovided in the applicable Zoning By-law,no person shall use any
land for storing used motor vehicles for the purpose of wrecking or dismantling
them or salvaging parts from them for sale or other disposition
6.ADMINISTRATION
i.The Director of Planning and Development or designate shall administer
the By—|awand establish any practices,policies and procedures
necessary to implement the By-law.
ii.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 necessary.
iii.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.
iv.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.
a)Officers and Inspectors
i.An Officer or any person acting under his/her instructions may at all
reasonable times,upon producing proper identification,enter upon any parcel
of land,excluding any building used as a dwelling,for the purpose of conducting
an inspection to determine whether there is or has been a contravention of this
by-law,a direction or order issued under this by-law,a condition of a licence
issued by the Municipality under any by-law or court order.
ii.The person or persons appointed as a Bylaw Enforcement Officer for the
Township of Leeds and the Thousand Islands shall be responsible for the
administration and enforcement of this bylaw.
iii.Any Building Inspector of the Township of Leeds and the Thousand Islands,
any Public Health Inspector of the Leeds,Grenville and Lanark District Health
Unit and any inspector of the Fire Department of the Township are hereby
authorized to act as an assistant to the Bylaw Enforcement Of?cer from time to
time.
iv.The Bylaw Enforcement Of?cer and any person acting under the Of?cer’s
instruction may at all reasonable times and upon producing proper identification
enter and inspect any property.
v.The Bylaw Enforcement Officer and any person acting under the Officer’s
instructions shall not enter any room or place used as a dwelling.
b)Notice Prohibiting Use of Property
i.The By-law Enforcement Of?cer may issue a notice prohibiting the use of
property that does not conform to the standards of this Bylaw.
ii.The By-law Enforcement Officer may cause a placard to be placed on the
exterior of any building which does not conform to the standards contained in
this Bylaw.The placard shall state the particulars of the non-conformity and that
the use of the property is prohibited until it conforms to the standards set by this
Bylaw.No person shall remove,deface or cover up any such placard.
c)General Prohibition
i.No person shall remove an order posted by an Of?cer.
ii.No person shall fall to comply with an order of an Officer.
iii.No person shall fail to maintain a safe access to a property.
d)Orders
i.An Officer who ?nds that a property does not conform to any of the standards
may make and serve or cause to be served upon or send by prepaid Registered
Mail to such a person an order containing:
a)The Municipal address or legal description of such property,
b)Reasonable particulars of the repairs to be effected or a statement
that the site is to be cleared of all debris,refuse,long grass and left
in a graded and level condition,
c)The period in which there must be compliance with the terms and
conditions of the order and notice that,if such repairs or clearance is
not done with in the time speci?ed in the order,the Municipality may
carry out the repair or clearance at the expense of the owner,
ii.A notice or an order when sent by Registered Mail shall be sent to the last
known address of the party or parties involved.
iii.lfthe Officer is unable to effect service under Sentence 6(d)(i)they shall place
a placard containing the terms of the order in a conspicuous place on the
property and placing the placard shall be deemed to be sufficient service of the
order on the owner of the property.
e)Emergency Order
i.Notwithstanding any other provisions of this Bylaw,if upon inspection of a
property the Officer is satis?ed that there is non—conformity with the standards
prescribed in this Bylaw to such extent as to pose an immediate dangerto health
or safety of any person,the Of?cer may make an order containing particulars of
the non—conformity and requiring remedial repairs or other work to be carried
out immediately to terminate the danger.-
ii.The order under Sentence 6(d)(i)shall be served on the owner of the property
and such other persons affected thereby as the Officer determines and a copy
shall be posted on the property.
iii.After making an order under Sentence 6(d)(i),the officer may,either before or
after the order is served,take any measures necessary to terminate the danger
and,for this purpose,the municipality may,through its employees and agents,
at any time enter upon the property in respect of which the order was made
without a warrant.
iv.The _.Officer,Municipality or person acting on its behalf is not liable to
compensate the owner,occupant or any other person by reason of anything
done byor on behalf of the Municipality in the reasonable exercise of its power
underfsentence6(g)(i).
f)PowerofilvlunicialitoRe air
i.lf anorderofan Officer under this by—lawis not complied with in accordance
withtheorder the Municipality may cause the property to be repaired.
ii.An Officer acting under this By-law or employees or agents of the Municipality
may and upon producing proper identi?cation enter the property at any
reasonable time without a warrant in order to repair the property.
iii.The Municipality or a person acting on its behalf is not liable to compensate the
owner,occupant or any other person by reason ofanything done by or on behalf
of the Municipality in the reasonable exercise of its power under this by-law.
iv.The Township shall recover the costs for any repairs or maintenance
undertaken to bring a property into compliance with this By-law.The owner to
which an order has been issued with be required to pay for the costs including
a twenty five percent administration fee,in like matter as municipal taxes.
9)_ll’|t|Li<=il2€i
The Municipality shall have a lien on the land for any expense incurred by the
Municipality in the enforcement of this bylaw to repair or demolition under
Sentence 6(g)(i)and the amount shall be deemed to be real property taxes and
may be added by the Deputy Treasurer/T ax Collector of the Municipality to the
Collectors Roll and collected in the same manner as property taxes,plus
administrative fee.And shall have priority lien status as described in Section 1
of the Municipal Act,2001.
h)Penalty
i.Every person who contravenes any provision ofthis Bylaw is guilty ofan 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.Every Person who contravenes any provision of this By-law is liable to the fines
and administrative fees set out under the Administrative Monetary Penalty By-
law.
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.
j)Validity/Conflicts —Bylaws-Standards-Regulations
i.Where a provision of this by-law con?icts with the provisions of another Bylaw,
Act or Regulation in force within the Municipality,the provision,which
establishes the higher standards to protect the health,safety and welfare of the
occupants and the public shall prevail.
li.|f any provision or article of this By-law is for any reason found to be invalid by
a court of competentjurisdiction,the provision or article found to be invalid shall
be severed from the Bylaw and the remaining provisions or articles shall remain
in effect until repealed.
NOW THEREFOREthe Council of the Township of Leeds and the Thousand lslands
hereby enactsas follows:
1.THAT By-law96-45is hereby repealed;
2.AND Tl-l.A'lli';l:By-lawshallcomeinto force and take effect upon the date of the
passing."
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READ A FIRST AND SECOND TIME THIS 11"‘DAY OF JULY,2022.
READ A THIRD TIME AND FINALLY PASSED THIS 11"‘DAY OF JULY,2022.
The Corporationofthe Township of Leeds and the Thousand Islands
Corinna Smith-Gatcke,Mayor
AM%Megan Shannon,Clerk