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CORPORATION OF THE TOWNSHIP OF RUSSELL

By-Law# 88-2012

Being a by-law of the Corporation of the Township of Russell requiring properties and streets to be maintained in a safe condition and kept clear of waste.

WHEREAS the Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may require the owners or occupants of land to clean and clear the land, not including buildings, or to clear refuse or debris from the land, not including buildings;

AND WHEREAS Section 128 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a local municipality may prohibit and regulate with respect to public nuisances, including matters that, in the opinion of Council, are or could become public nuisances; 

AND WHEREAS Section 131 of the Municipal Act, 2001, S.O. 2001, C.25, as amended, provides that a municipality may prohibit and regulate the use of any land for the storage of motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition;

AND WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a municipality may pass by-laws respecting, inter alia, health, safety and the well-being of persons and waste management;

AND WHEREAS Section 446 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that where a municipality has authority under the Municipal Act or any other Act or under a by-law made under the Municipal Act or any other Act to direct or require a person to do a matter or thing, the municipality may also provide that, in default of it being done by the person directed to do it, the matter or thing shall be done at the person's expense and the municipality may recover the expense incurred by action or by adding the cost to the tax roll and collecting them in the same manner as property taxes;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF RUSSELL ENACTS AS FOLLOWS:

1 . INTERPRETATION

In this By-Law,

  • (a) Corporation means the Corporation of the Township of Russell.
  • (b) Ground Cover means organic or non-organic materials applied to prevent the erosion of the soil, e.g., concrete, flagstone, gravel, asphalt, grass or other form of landscaping.
  • (c) Lawn means organic ground cover normally used for yards surrounding buildings.
  • (d) Municipal Law Enforcement Officer means the officer in charge of by-law enforcement of the Corporation of the Township of Russell or his/her authorized subordinates or assistants.
  • (e) Noxious Weed means a plant that is designated under the Weed Control Act as a noxious weed.
  • (f) Property shall mean any private or public lands including yards or vacant lots.
  • (g) Residential Zone shall mean properties that are zoned residential as per the zoning by-law of the Corporation of the Township of Russell.
  • (h) Street means any highway, road, avenue, parkway driveway, square, place, bridge, viaduct or trestle and includes the whole road allowance from lot line to lot line which includes the ditch gutter, gravel and grassed portions.
  • (i) Unsafe Condition means any condition that would cause undue of unexpected hazard to the life, limb or health of any person authorized or expected to be on or about the premises.
  • (j) Waste shall include refuse garbage, or debris of any kind whatsoever and without limiting the generality of the foregoing or aircrafts and mechanical equipment, automobile and mechanical parts, furnaces, water and fuel tanks, furniture, table refuse, paper, cartons, crockery, glassware, plastic, cans, garden refuse, grass clippings, trees, tree branches, earth or rock fill, materials from construction or demolition projects, old clothing and bedding, refrigerators, freezers, or similar appliances, whether operable or inoperable.
  • (k) Yard means the land other than publicly-owned land around and appurtenant to the whole or any part of the property and used, or capable of being used, in connection with the property whether or not the land is owned by the owner of the building.

2. YARDS

  • (a) All yards shall be kept in a neat and tidy condition and no owner, tenant, occupier or licensee shall dump, throw, place or deposit any waste material in any yard or cause such material to remain therein.
  • (b) No person shall dump, throw, place or deposit any rubbish, garbage and other debris on any property.
  • (c) The owner, tenant, occupier or licensee of any property shall keep the yard free of objects and conditions that are health, fire or accident hazards.
  • (d) The owner, tenant, occupier or licensee of any property shall keep the yard free of heavy undergrowth and noxious plants, such as ragweed, poison ivy, poison oak, etc., and excessive growth of grass, weeds and other vegetation.
  • (e) The owner, tenant, occupier or licensee of any property shall keep the lawn at a maximum height of 4 inches.
  • (f) The owner, tenant, occupier or licensee of any property shall keep the property free of dead, decaying or damaged trees or other natural growth, and the branches and limbs thereof which create an unsafe or unsightly condition.
  • (g) The owner, tenant or occupier, licensee of any property shall keep the property free of wrecked, dismantled or inoperative vehicles, trailers, boats, aircrafts or other machinery or any part thereof and junk and refuse of any kind, except in an establishment licensed or authorized to conduct and operate such a business, and then only in an arrangement such as to prevent an unsafe condition or an unsightly condition out of character with the surrounding environment.
  • (h) The owner, tenant, occupier or licensee of any property shall keep the property free of dilapidated or collapsed structures or erections and any unprotected well or other unsafe condition or unsightly condition out of character with the surrounding environment.

3. REFRIGERATORS. FREEZERS, ETC.

  • (a) The owner, tenant, occupier or licensee of any property shall remove selflocking or self-latching devices on refrigerators, freezers or similar appliances which are stored or left on porches, decks, or in any rear yard, side yard or similar areas.
    • All refrigerators stored or left on porches, decks, or in any rear yard, side yard or similar areas shall be:
    • (i) in good working order
    • (ii) secured with an external locking device 
    • (iii) locked at all times except when actually in use and supervised,
  • (b) The owner, tenant, occupier or licensee of any property who places refrigerators, freezers or similar appliances out on roadways for disposal thereof, shall remove therefrom all doors without limiting the generality of the foregoing including all sliding, swinging, spring loaded, and pull-to open doors.

4. LANDSCAPING

  • (a) The owner, tenant, occupier or licensee of any property shall maintain hedges, planting, trees or other landscaping, in a living condition, or shall replace these if no longer alive with equivalent landscaping, so as to carry out their intended function and maintain an attractive appearance.
  • (b) The owner, tenant, occupier or licensee of any property shall provide suitable groundcover to prevent erosion of the soil. Where grass forms a part of the groundcover, and such grass is no longer in a living condition, such dead areas shall be resodded or reseeded as often as required so as to restore the grass to a living condition.
  • (c) The owner, tenant, occupier or licensee of any property shall maintain areas within the yard not covered by buildings or structures, sidewalks, driveways and parking areas to a standard at least compatible with the abutting and adjoining properties.
  • (d) The owner, tenant, occupier or licensee of any property shall maintain in good repair areas used for vehicular traffic, parking and facilities for loading and unloading such areas shall be free of potholes and adequately drained.

5. RUBBISH

  • (a) The owner, tenant, occupier or licensee of any property shall maintain and provide sufficient receptacles to contain all garbage, rubbish, ashes and waste. The receptacles shall be made of metal or plastic, made of watertight construction and provided with a tight fitting cover.
  • (b) The owner, tenant, occupier or licensee of any property shall keep the property free of all refuse or litter.
  • (c) The owner, tenant, occupier or licensee of a non-residential building, shall provide sufficient receptacles to contain all refuse and litter as may be left by customers or other members of the public.

6. PASSAGEWAYS

  • (a) The owner, tenant, occupier or licensee of any property shall maintain steps, walks, driveways, parking spaces and similar areas of a yard in a condition so as to afford safe passage under normal use and weather conditions.

7. PRIVATE PROPERTY

All private property shall be kept clear of waste and no person shall dump, throw, place, or deposit any waste material on any private property or cause such material to remain thereon.

8. TOWNSHIP PROPERTY AND STREETS

  • (a) No person shall dump, throw, place, or deposit any waste material, refuse, debris or any dirt, gravel, construction or landscape material on any street or any property belonging to the Corporation without prior written approval of the Council of the Corporation of the Township of Russell.
  • (b) No person shall cause or permit or allow any snow to be dumped, thrown, placed, pushed or deposited onto any street or other property within the municipality without prior written authority from the owner or occupant of such property.

9. Nothing in the by-law shall be deemed to give any person the authority to dump, throw, place or deposit any waste material or garbage on any street or property within the boundaries of the municipality.

10. Nothing in this by-law shall be deemed to interfere with the filling or raising of land with earth or rock fill done in the course of building operations or the disposal of waste on any lands which have been designated for that purpose by by-law of the Corporation.

11. OFFICER RIGHT OF ENTRY

The Director of Public Safety and Enforcement or its designate shall have. the right of entry on any property for the purpose of carrying out an inspection to determine whether this by-law is being complied with and for the enforcement of this by-law, as per the Municipal Act, 2001.

12. ENFORCEMENT AUTHORITY

This by-law shall be enforced by the Director of Public Safety and Enforcement or its designate.

13. NOTICE TO DISCONTINUE ACTIVITY

If an officer is satisfied that this by-law has been contravened, the officer shall send a 181 notice by mail or personal service to the person who contravened the by-law, or who caused or permitted the contravention, or the owner or occupier of the land on which the contravention occurred, to discontinue the contravention.

If the Township is unable to effect service on the owner, it shall send by registered mail a final notice and/or place a placard containing the terms of the notice in a conspicuous place on the land and may enter on the land for this
purpose. The placing of a placard shall be deemed to be sufficient service of a notice.

14. NOTICE PARTICULARS

An order to discontinue activity shall set out;

  • a) The municipal address of the property on which the contravention occurred;
  • b) The date of the contravention
  • c) The reasonable particulars of the contravention
  • d) A deadline, being a specific date, for compliance with the notice; and
  • e) State that if the work is not done in compliance with the notice, the municipality may have the work done at the expense of the owner and the cost of the work may be recovered by adding the amount to the owners tax roll.

15. REMEDIAL ACTION-WORK DONE BY TOWNSHIP

In default of the work required by this by-law or by notice not being done by the person directed or required to do it, the township in addition to all other remedies, may have, do or cause the work to be done at the person's expense and may enter upon land, at any reasonable time, for this purpose.

16. REMEDIAL ACTION-RECOVER COSTS

The township may recover the costs incurred by it doing the work or causing it to be done from the person directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes.

17. OFFENCE AND PENALTIES

  • a) Any person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act or as set out in the Provincial Offences Act or any successor,
  • b) In addition to any penalty imposed and any other remedy, a court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order,
    • i) prohibiting the continuation or repetition of the violation by the person convicted; and
    • ii) require the person convicted to correct the contravention in the manner and within the period that the court considers appropriate.

18. SEVERABILITY

It is hereby declared that each and every of the foregoing provisions of this bylaw is severable and that, if any provisions of this by-law should for any reason be declared invalid by any court, it is the intention and desire of this council that each and every of the then remaining provisions hereof shall remain in full force and effect.

19. ENACTMENT

This By-Law shall come into force and take effect upon final reading thereof.

Read a first and second time this 5th day of November, 2012.
Read a third time and finally passed this 5th day of November, 2012.