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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." , _ 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