2996 To establish standards for the maintenance of lands in a clean and clear condition.CORPORATION OF THE
TOWN OF TILLSONBURG
BY-LAW NO. 2996
BEING A BY -LAW TO ESTABLISH STANDARDS FOR THE MAINTENANCE
OF LANDS IN A CLEAN AND CLEAR CONDITION
WHEREAS, the Municipal Act, R.S.O. 1990, Chpt. M.45, Section 210 paragraphs
80182, 131, 131 and 136 authorizes the council of municipalities to pass by-laws for
prescribing standards for the maintenance of lands in a clean and clear condition;
AND WHEREAS it is deemed expedient to establish standards for the maintenance of
lands in the TCV�N OF TILLSONBURG.
NOW THEREFORE the council of The Corporation of the Town of Tillsonburg enacts
as follows:
Definitions
1. In this by-law
(a)"Town" means the Corporation of the Town of Tillsonburg;
(b) "Construction waste" includes every and all material used for residential,
commercial and industrial construction. The term construction waste does not
include materiel with a designated use. Designated use is defined as material to
be utilized in the project within 30 days of such items arrival at the construction
site. Construction waste shall not include any material for which the by-law
officer has specifically exempted, with reference to this by-law, in any sub-
division agreement. Construction waste shall not include any material for
which the Town has specifically exempted in writing.
(c)" Domestic waste" means any article, thing, matter or any effluent belonging to
or associated with a house or household or concerning or related to the home or
family that appears to be waste material; and for greater certain, but not so as to
restr L' ct the generality of the foregoing terms of the clause, it is hereby that
domestic waste extends to the following classes of waste material:
i. Accumulations, deposits, leaves, litter, remains, rubbish, trash, and dead
branches;
ii. Refrigerators, freezers, other household appliances, or any parts thereof;
iii. Furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks, or
plumbing fixtures;
iv. Inoperative motor vehicles; trailers, vehicle parts and accessories;
v. Paper, cartons, fabrics and carpets;
vi. Furniture;
vii, CroC eiy,
viii. Sewage
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(d) "Building Line" shall mean a line within a lot drawn parallel to a lot line, and
esi:ablishes the minimum distance between that lot line and any building or
structure, which may be erected on the lot.
(e) "Garbage" has the same meaning as waste material;
(f) "Industrial" wraste means 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 appears to be waste material; and for greater certainty, but
ncit so as to restrict the generality of the foregoing terms of this clause it is
hereby declCared that industrial waste to the following classes of waste
m iteria :
1. Articles, things, matter, effluent which in whole or in part or fragments
thereof, aria derived from or are constituted from or consist of,
(a) Agricultural, animal, vegetable, paper, lumber, or wood products, or
i b) Mineral, metal, or chemical products,
(c) Whether or not products are manufactured or otherwise processed;
2. ��utomotive parts, inoperative motor vehicles, trailers, vehicle parts,
mechanical equipment, mechanical parts, accessories or adjuncts to the
vE,hicles and mechanical equipment:
3. Piping, tubing, conduits, cable and fittings or other accessories, or adjuncts
to the piping, tubing, conduits or cable;
4. Containers or pallets of any size, type or composition;
5. Material resulting from or as part of, construction or demolition projects;
6. Rubble, inert fill;
7. Bones, feathers, hides;
8. Sewage;
(g) "Inoperative motor, vehicle" means a motor vehicle which is without a current
licencep late, Insurance or current insurance, and has its fenders, hood, trunk roof,
wheels, or any part: of its superstructure removed, or a motor vehicle which is in a
dilapidated condition;
(h) "By-law Enforcement Officer" means a person who has been assigned the
responsil)ility of administering and enforcing this by-law;
(i) "Notice" shall mean the written notice as set out in section 7 to this by-law
(J)"Owners" includes 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 his own
account x as agent or trustee of any other person who would so receive the rent if
such lane 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, and shall include a person in control of the premises;
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(k) "Person"; means an individual, firm, proprietorship, partnership, association,
syndicate, trust, corporation, department, bureau, and agency;
(1) "Private drain": means a drain or sewer or part thereof situated on private property;
(m) "Refuse" has the some meaning as waste material;
(n)"Sewage" includes any liquid waste containing human, vegetable, animal or mineral
matter, waste that is in suspension whether domestic or industrial or any other
waste whether in suspension or precipitated, but does not include roof water or
storm run-off;
(o) "Waste material," means material or effluent that, in the opinion of the By -Law
Enforcement Officer.
(1) Appears to have been cast aside or discarded or abandoned; or
(2) Appears to be worthless or useless or of no practical value; or
(3) Appears to be used up, in whole or in part, or expended or worn out in whole
or in part.
(4) AppE;ars to be .a hazard or be physically dangerous to a person who would
reason ably be expected to use the property, traverse the area near the property or
neighbors to the property. Physical danger includes risk, even if such risk is
small, to the persons health by way of biological or environmental danger. "Use
of Property" includes persons who are reasonably expected to be on the property
whether they are invited or not.
By -Law Regulcations:
2. (1) Every owner shall keep his or her grounds, yard or vacant land, filled up, drained
clears or cleared up.
(2) Every owner shall keep in repair his or her private drain.
(3) Every owner shall alter or relay the private drain as may be required by the By -
Law 1Jnforceme,nt Officer.
(4) For the purpose of subsection 2(1) "clean or cleared up" includes the removal,
trimming, or cutting of weeds, grass, or ground cover more than eight (8) inches
in height.
3. No person shall throw, place or deposit refuse or debris on private property without
the written authority of the owner or occupant of the property.
4. Every owner shall provide for the sanitary disposal of sewage and drainage from his
or her land or buildings.
5. (1) Except as provided in section 3 and in subsection 5(4) every owner shall keep
his or her land free and clear of all garbage, refuse, domestic, industrial,
construction waste or waste material of any kind.
(2) No person shall use any land or structure within the limits of Town of
Tillsonburg for dumping or disposal of garbage, refuse, domestic, industrial,
construction waste or waste material of any kind.
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(3) Subsection 1 and 2 do not apply to
(a) Land or structures used by the town for the purpose of dumping or disposing
of garbage or refuse, or domestic or industrial waste;
(b) Lend designated by a by-law of the town for the purpose of dumping or
di;5posing of garbage or refuse, or domestic or industrial waste.
(c )Land used J"0 r the natural decomposition generated organic materials to
produce compost provided that all of the following regulations are strictly complied
with:
compost;
i) There shall be no bones, meat, dairy or other fat products added to or
contained in the composting material.
ii) composting shall take place behind the building line and no closer
than 0.6 meters (2 feet) to the property line. The composter or compost
pile shall be of a size no greater than 3 meters by 1.5 meters or 4.5 cubic
metres (10 feet by 5 feet by 3 feet or 150 cubic feet.);
iii) The compost shall emit no offensive odor and it shall not be allowed
to attract or harbour any vermin;
iv) Food waste in the composter shall be covered by yard waste, soil or
v) The composting shall take place on the property of the person
owning., having charge of or harboring the composter or compost pile.
(4) Ever.✓ owner shall cover any garbage, refuse, domestic waste of any kind or
industrial waste of any kind in such a manner as may be prescribed by the By -
Law Enforcement Officer.
6. Except as provided in the Town Of Tillsonburg licensing by-law, as amended from
time to time, no person shall use any land or structure in the town for storing used
motor vehicles or for the purpose of wrecking or dismantling them or salvaging parts
thereof for sale or other disposal.
7. (1) The; By -Law Enforcement Officer may, by notice served on the owner of the
land or structure, require the owner, within the time specified with the notice.
(a) To keep his or her private drain in repair
(b) To alter or relay his or her private drains;
(c) To provide for the sanitary disposal of sewage and drainage from his or
land or structure;
(d) To clean, clear, or remove from the land or structure garbage, refuse,
domestic, industrial, construction waste or waste material of any kind;
(e),ro cease using the land or structure for the dumping or disposing of
garbage, refuse, domestic, industrial, construction waste or waste material of
any kind;
(f) To cover over, screen, shield, remove or enclose the garbage, refuse,
domestic, industrial, construction waste ,or waste material in the manner
prescribed by the By -Law Officer.
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(2) The notice will state:
(a) They have 10 days or such longer time as provided in the notice
(b) They must comply within the notice period otherwise the work will be
done by the Town, with the cost sought from the owner of the material
and/or the owner of the land;
(c) The cost will be added to their municipal taxes; and,
(d) The notice will be served personally or to the last known address of the
properly and owner of the material.
(2) Every notice sent by the By -Law Enforcement Officer shall identify the land
of structure.
(3) Every notice to an owner maybe sent to the address shown on the last
assessment roll or to the known address.
8. (1) Where an By-]�aw Enforcement Officer believes on reasonable grounds that
this by-law is being contravened, the By -Law Enforcement Officer may, at all
reasonable times and upon producing proper identification, enter and inspect the
use of any land or structure for the purpose of determining whether,
(a) The land or structure is used for dumping or disposing of garbage,
refuse, domestic, industrial or construction waste and waste material of
any kind;
(b) The land or structure is used for the storing or used motor vehicles for
the purpose of wrecking or dismantling them or salvaging parts thereof
for sale or disposal;
(-.) The owner has complied with any notice sent by the By -Law
Enforcement Officer.
(d) The lends Conform to this By -Law in all respects
(2) Every owner ;5,hall permit The By -Law Enforcement Officer to inspect the
land or structure for the purpose of subsection 1.
(3) An By -Law Enforcement Officer shall not enter any room or place actually
used as a dwelling without requesting and obtaining the consent of the
occupier, first having informed the occupier that the right of entry may be
refused and entry made only under the authority of a search warrant.
9. (1) where the owner is in default of doing the matter or thing required to be done
under -:his by- law, the By -Law Enforcement Officer may, without further
warnirg and after the expiry of the period of time set out in the Notice and
reasonable belief of the by-law officer that the default continues;
(a) fill up, drain or clear up the grounds, yard or vacant land;
(b) repair the private drain or alter or relay the private drain;
(c) Remove refuse or debris
(c) provide for the sanitary disposal of sewage and drainage;
(e) Remove garbage, refuse or domestic, industrial, construction waste or
waste material;
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(0 Cover over, screen shield domestic, industrial, construction waste or
waste material;
(;) remove used motor vehicles stored for the purpose of wrecking or
dismantling them or salvaging parts thereof for sale or other disposal.
(2) Where any of the matter or things are removed in accordance with subsection
1, thi.3,. matters or things may be immediately disposed of by the By -Law
Enforcement Officer.
(3) The Town OF Tillsonburg shall recover the expenses in doing a matter or
thing referred to in subsection 9. (1) By action, or in like manner as municipal
taxes.
10. No new notice need be issued nor is compliance with the Notice or by-law waived
if the def cult continues and
(a) The by-law officer provided in writing an extension in time to comply;
(b) The by-law officer failed to act immediately when the period of time
set out in the Notice expired; or,
(c) The owner and/or person partially comply with the Notice.
11. If a court of competent jurisdiction should declare any section of a section of this by-
law to be invalid, such section or part of a section shall not be construed as having
persuaded or influenced Council to pass the remainder of the by-law and it is hereby
declared that the remainder of the by-law shall remain in force.
1. This by-]_aw shall be administered and enforced by the By -Law Enforcement
Officer, The by-law officer shall enforce this by-law against any owner, person or
persons even if h:is, her or their contravention occurred prior to the enactment of
this by-law and the contravention continues after the enactment of this by-law.
13. The immec.iate enforcement of this by-law once the contravention occurs shall not
constitute a waiver of this by-law.
14. The short title of this by-law is "Clean Yard By-law"
15. Bylaws No. 2267 and No. 2339 are hereby rescinded on passing of this By -Law.
16. This By-lal v shall co=me into force and effect upon final passing.
READ A FIRST AND SECOND TIME this 28th day of January, 2002.
READ A THIRD TIMI AND FINALLY PASSED this 11th day of March, 2002.
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MAi(6R CL
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