HomeMy WebLinkAboutCL 21-03
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REPORT TO
COMMITTEE OF THE WHOLE
Report Number: CL 21-03
Date: July 9, 2003
From:
Bruce Taylor, AMCT, CMM
City Clerk
Subject:
By-law to Require Property Owners and Occupants to Cut Long Grass
And Clean and Clear Property
Recommendation:
1.
That Clerk's Report CL 21-03 regarding a draft by-law to require owners or
occupants of lands to cut long grass or weeds and to keep their land clean and
clear of refuse or debris be received.
2.
That the draft by-law to require the owner or occupant of land to clean and clear
their land or refuse or debris or to cut long grass or weeds be enacted.
Executive Summary:
This Report provides Council with a draft by-law that will require owners or occupants
of land to cut long grass or weeds and to keep their land clean and clear of refuse or
debris. With respect to the cutting of long grass and weeds, this draft by-law will be an
important tool in keeping the mosquito population under control in the residential areas
as well as giving the staff a tool to require yards to be kept reasonably neat and tidy.
Financial Implications:
Not applicable
Background:
Section 127 of the new Municipal Act provides the following authority for municipalities
to pass by-laws with respect to keeping private property clean and clear of debris and
long grass:
Report CL 21-03
Date: July 9, 2003
223
Subject: By-law to Clean and Clear Land
Page 3
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Bruce Taylor
City Clerk
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Attachments
Copy: Chief Building Official
Emergency Response Coordinator
Manager, By-law Enforcement Services
Recommended for the consideration of
Pickering City Council
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CORPO227-07101
Report CL 21-03
Date: July 9, 2003
Subject: By-law to Clean and Clear Land
Page 2
A local municipality may,
a)
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;
b)
regulate when and how matters required under clause (a) shall
be done;
c)
prohibit the depositing of refuse or debris on land without the
consent of the owner or occupant of the land; and
d)
define "refuse" for the purpose of this section.
Please find attached to this Report a draft by-law that requires owners or occupants of
land to keep their lands clean and clear of refuse and debris. It is important to point out
that the draft by-law includes the trimming or cutting of weeds or grass more than
fifteen centimeters (six inches) in height.
Although staff can deal with yards that contain debris or refuse through the Property
Standards By-law, it takes a great deal of time to do so because that By-law requires
that the owner of the land be served notices and orders which are all appealable to the
Property Standards Committee. This draft by-law will allow staff to deal with messy
yards in a more expeditious manner.
As noted in the draft by-law, the owner or occupant of a messy yard will be served a
Notice that will require them to clean and clear the land within a reasonable length of
time, usually one week. If the land is not cleaned or cleared within the prescribed time,
the City will have the land cleared and the expense will be put on the property taxes of
the owner.
The draft by-law will also allow staff to require yards where the grass or weeds are in
excess of fifteen centimeters to be cut within a reasonable length of time, usually three
days. If the grass or weeds are not cut, again the City will carry out the work and put
the expenses on the property taxes of the owner.
The regulations that allow the City to cut long grass or weeds is of particular
importance not only for aesthetic reasons but also as a tool to keep mosquitoes under
control in a residential area.
Attachments:
1.
Draft By-law
CORPO227-07/01
;c"rTACHi"iE!\~ tf..2- TO REPORT # C L2 1- 0 ~
-
THE CORPORATION OF THE CITY OF PICKERING
BY-LAW NO.
Being a by-law to require the owner or
occupant of land to clean and clear the land.
WHEREAS pursuant to Section 127 of the Municipal Act, 2001, S.O. 2001, c.25, as
amended, 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;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF
PICKERING HEREBY ENACTS AS FOLLOWS:
1.
2.
In this By-law:
a)
b)
"City" means the Corporation of the City of Pickering;
c)
"Expense" means the cost of carrying out the work to be done by the
notice pursuant to Section 3(a) and a 25% administrative charge;
"Litter" includes any material left or abandoned in a place other than a
receptacle or place intended or approved for receiving such material;
d)
"Occupant" means any person who is in control of any grounds, yard or
vacant tot;
e)
"Officer" means a Municipal Law Enforcement Officer appointed by the
Council of the City of Pickering;
f)
"Owner" includes any person registered as the owner of any grounds, yard
or vacant lot and the person or persons able to exercise the rights of
ownership with respect to any grounds, yard or vacant lot;
g)
"Person" means an individual, firm, corporation, association or
partnership;
h)
"Premises" means any grounds, yard or vacant lot;
i)
"Refuse" includes debris, rubbish, or material of any kind and without
limiting the generality of the foregoing, includes a vehicle that appears by
reason of its appearance, mechanical condition or lack of current licence
plates to be inoperative, inoperative mechanical equipment, automotive
and mechanical parts, disused furniture, garden refuse, earth or rock fill,
old or decayed lumber, or materials from construction or demolition
projects.
a)
Every owner or occupant shall keep his or her premises clean or cleared
and shall comply with any notice given by a Municipal Law Enforcement
Officer pursuant to Section 3( a) of this By-law.
b)
For the purposes of Section 2(a), "clean or cleared" includes the trimming
or cutting of weeds or grass more than fifteen centimeters in height.
3.
4.
!\fTACHMEi\!,:;:_l_TOREPORT# CL 2./,... CJ~
a)
An Officer may, by notice, sent by registered mail to the owner or
occupant of the premises, or by posting the notice in a conspicuous place
on the premises, or by delivering the notice personally to the owner or
occupant, require the owner or occupant within the time specified within
the notice to clean or clear or remove from the premises any refuse, litter,
weeds or grass.
b)
A notice mailed to an owner shall be mailed to the address of the owner
as shown on the last revised assessment roll or to the last known address
of the owner.
c)
A notice mailed to an occupant shall be mailed to the premises or to the
last known address of the occupant.
a)
Where the owner or occupant fails to comply with a notice pursuant to this
By-law, an Officer may cause the work to be done by the notice and the
City may recover the expense in so doing in a like manner as municipal
taxes.
b)
Any person who contravenes any provision of this By-law is guilty of an
offence and upon conviction is liable to a fine or penalty for each offence,
exclusive of costs, as prescribed by the Provincial Offences Act.
BY-LAW read a first, second and third time and finally passed this 28th day of July,
2003.
Wayne Arthurs, Mayor
Bruce Taylor, Clerk