THE CORPORATION OF THE TOWN OF B'RADFORD WEST GWILLIMBURY BY -LAW STANDING AND STAGNANT WATER BY-LAW

Size: px

Start display at page:

Download "THE CORPORATION OF THE TOWN OF B'RADFORD WEST GWILLIMBURY BY -LAW STANDING AND STAGNANT WATER BY-LAW"

Egbert Richards
5 years ago
Views:

1 THE CORPORATION OF THE TOWN OF B'RADFORD WEST GWILLIMBURY BY -LAW STANDING AND STAGNANT WATER BY-LAW Being a By-Law f the Crpratin f the Twn f Bradfrd West Gwillimbury t regulate standing and stagnant water and misture in the Twn f Bradfrd West Gwillimbury. WHEREAS pursuant t Sectin 130 f the Municipal Act, Statutes f 2001, Chapter 25, as amended, prvides a municipality may regulate matters fr the purpses related t the health, safety and well being f the inhabitants f the municipality; AND WHEREAS standing water prvides a breeding envirnment fr msquites and sme msquit species are able t transmit vectr brne diseases including viral encephalitides. AND WHEREAS Sectin 128 f the Municipal Act, Statutes f Ontari Chapter 25, as amended, prvides that a lcal municipality may prhibit and regulate with respect t public nuisances, including matters that, in the pinin f Cuncil. are r culd becme r cause public nuisances; AND WHEREAS Sectin 128, Subsectin (2) f the Municipal Act, Statutes f Ontari 2001, Chapter 25, as amended, prvides that the pinin f Cuncil, if arrived at in gd faith, is nt subject t review by any curt; AND WHEREAS Sectin 127 f the Municipal Act, Statutes f Ontari 2001, Chapter 25, as amended, prvides that a lcal municipality may define "refuse" fr the purpse f the Sectin 127; AND WHEREAS Sectin 427 f the Municipal Act, Statutes f Ontari 2001, Chapter 25, as amended, authrizes municipal remedial actin, entry nt land, recvery f csts, and additin f csts t the tax rll; AND WHEREAS Sectin 427, Subsectin 6, f the Municipal Act, Statutes f Ontari, Chapter 25, as amended, prvides that remedial wrk dne under Sectin 431 (c) and (d) f the Municipal Act des nt require the Twn t have the wrk perfnned undne, and des nt require the Twn t prvide cmpensatin as a result f the remedial wrk dne. () AND WHEREAS the Cuncil f the Crpratin f the Twn f Bradfrd West Gwillimbury is f the ptin that standing r stagnant water and misture present n any prperty within the gegraphical bundaries f the Twn cnstitutes a public nuisance. AND WHEREAS Cuncil deem it expedient and advisable in the public interest t enact this By~Law;

2 Standing and Stagnant Water By.. Law By.. Law N Page 2 NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF BRADFORD WEST GWlLLlMB~RY HEREBY ENACTS AS FOLLOWS: 1 DEFINITIONS Fr the purpse f this By-law: 1.1 "Csts" shall mean all mnetary expenses incurred by the Twn during and thrughut the prcess f remedial actin, including interest at a rate f 15% r such lwer rate as determined by the Twn cmmencing n the day the Twn incurs the csts and ending n the day the csts, including interest, are paid in full, and may include an administrative surcharge amunt as determined by the Twn and may include the additin f all such mnetary expenses, including all surcharges, t Municipal Taxes; 1.2 Debris" shall mean any material whatsever capable f hlding water and withut limiting the generality f the freging includes tires, cars, bats, cntainers f any kind and garden fixtures; 1.3 "Depressin" shall mean any natural r man made cnditin n prperty that is capable f hlding water fr'mre than fur cnsecutive (4) days but des nt include a municipally wned strmwater management facility; 1.4 "Health Risk" shall include but is nt limited t actual r ptential expsure t bacteria, virus, disease, txins, and all similar r like cnditins and includes the West Nile Virus; 1.5 UHigh Risk Area" shall mean and include but is nt limited t standing and stagnant water present in thse areas and places and all like and similar areas and places listed in SCHEDULE "A" attached heret and frming part f this By Law; 1.6 Medical Officer f Health" shall mean and refers t the Medical Officer f Health fr the Simce Cunty District Health Unit; 1.7 IINatural Bdy f Water"shall mean and refer t a creek, stream, bg, marsh, river, pnd r lake created by the frces f nature and which cntains water; 1.8 "Officer" shall mean any Municipal By-Law Enfrcement Officer, Prperty Standards Officer r any persn appinted by the Twn f Bradfrd West Gwi iii mbury; 1.9 IIOwner" shall mean the persn(s} that appear n the last assessment rll f the Twn f Bradfrd West Gwillimbury and shall include the registered wner f a prperty, a lessee, tenant, mrtgagee in pssessin r persn therwise in charge f the prperty, acting as the authrized agent f the wner;.

3 By-Law N Page "Persn JJ s hall mean an i ndi vi dual human bei n g, a crprati n, fi rm, partnership, unincrprated assciatin r rganizatin, their heirs, executrs, assigns, administratrs, agents, trustees r ther legal representatives f a persn with r withut share capital, any assciatin, firm, partnership r private club f a persn t whm cntext can apply accrding t by law "Prperty" shall mean any and all land within the Twn f Bradfrd West Gwillimbury including buildings and structures, yards and vacant lts: 1.12 "Remedial Actin" shall mean the crrectin r eliminatin f standing r stagnant water, including any such cnditin r health hazards actual r ptential, that standing r stagnant water may pse; 1.13 "Remedial Wrk" shall mean all wrk necessary fr the crrectin r eliminatin f standing r stagnant water, including any such cnditin r health hazard actual r ptential, that standing r stagnant water may pse; 1.14 "Standing Water" shall mean any water, ther than a natural bdy f water that exists n a permanent basis r cntained within a municipally wned strmwater management facility, that is fund either n the grund r in debris as defined in this by-law which includes but is nt limited t water that is vid f mvement by either natural r artificial means and includes misture; 1.15 "Stagnant Water" shall mean standing water and includes but is nt limited t plluted, rancid, txic, drus and nt fit fr human use, and all similar and like cnditins and includes health risks; 1.16 "Structure" shall mean any building r accessry building n any prperty, r any part theref, r any part f whle r any structure r building nt actually used as a dwelling huse; 1.17 "Twn" shall mean the Crpratin f the Twn f Bradfrd West Gwillimbury, its emplyees and their agents. and persn{s) accmpanying them; 2 ENFORCEMENT 2.1 This By-Law shall be enfrced by a Plice Officer r Plice Cadet f the Suth Simce Plice Services, a Municipal By-Law Enfrcement Officer, Prperty Standards Officer, Public Health Inspectr, any emplyee f the Twn f Bradfrd West Gwillimbury, agents, r any ther fficer appinted fr the purpses f enfrcing this By-Law. 2.2 If cmpliance herewith wuld be impractical. the prvisins f the By-law shall nt apply t ambulance, plice and fire department vehicles and any vehicles lnhile actually engaged in wrks undertaken fr n behalf f the Twn f Bradfrd West Gwillimbury, the federal r prvincial gvernment r any utility.

4 By-Law N Page 4 3 EXERCISE OF POWER OF ENTRY 3.1 Where the Twn has a pwer f entry under the Municipal Act, the pwer shall be exercised by any emplyee r agent f the Twn wh may be accmpanied by any persn under their directin. 4 IDENTIFICATION 4.1 A persn exercising a pwer f entry n behalf f the Twn, under the Municipal Act, must n request, display r prduce prper identfficatin. 5 ENTRY ONTO LAND 5.1 The Twn, fr the purpses f remedial actin, may enter upn land and int structures, ther than a place actually used as a dwelling unit, at any reasnable time, withut ntice, r fr the purpses f prperty inspectin. 6 OFFENCES 6.1 N persn shall keep a swimming pl, ht tub, wading pl, r artificial pnd unless rt is maintained in gd repair and wrking cnditin. S.2 N persn shall permit a depressin, excavatin, swimming pl, ht tub, wading pl, artificial pnd r debris lcated n his prperty t cntain standing water fr a perid in excess f fur (4) days. 6.3 N persn wning a prperty in the Twn f Bradfrd West Gwillimbury upn which a natural bdy f water exists shall. when advised by the Medical Officer f Health that a health hazard exists l nt take the steps cntained in any Order issued by the Medical Officer f Health t remedy the situatin, Nt limiting the freging, such Order may include a directin t fill r drain ff the bdy f water r the treatment f the same with a larvicide. 6.4 N persn shall cause r permit standing r stagnant water n their prperty. 6.5 N persn shall allw standing r stagnant water t remain n their prperty fr a perid in excess f fur (4) days. 6.6 N persn shall fail t crrect standing r stagnant water n their prperty. 6.7 N persn shall fail t eliminate standing r stagnant water n their prperty.

5 By-law N PageS 6.8 N persn shall hinder, interfere.with r therwise bstruct, either directly r indirectly, any fficer, emplyee f the Twn in the lawful exercise f pwer r duties under this By-Law. 6.9 N persn shall permit the accumulatin f standing r stagnant water in a high risk area. 7 MUNICIPALITY NOT LIABLE 7.1 The Twn assumes n liability fr prperty damage r persnal injury resulting frm remedial actin r remedial wrk undertaken with respect t any persn r prperty that is subject f this By-Law. 8 PROOF OF LIABILITY INSURANCE 8.1 All persns wh may be privately cntracted by the Twn frm time t time t perfrm remedial wrk shall first and prir t cmmencing any r all such remedial wrk duties, shall prvide prf, in hard cpy frm, f a liability plicy f their wn pssessin in the amunt f $2,000, t engage in remedial wrk duties. Prf f liability insurance as abve shall be prduced t the Treasurer befre engaging in any r all remedial wrn duties. 9 GENERAL PROVISIONS 9.1 That when a prperty is nt maintained pursuant t the requirements f this By Law, the Twn shall send a Ntice f Vilatin t the wner f the prperty requiring the wner t cmply with the requirements f the By-Law wtthin the time specified in the Ntice ',f Vilatin. 9.2 That Service f the Ntice f Vilatin may be made by first class mail r may be delivered by hand t the address f the wner shwn n the last assessment rll, and such service shall be deemed t be gd and sufficient service f ntice n the wner. 9.3 That whenever this By-Law directs r requires any wrk t be dne pursuant t a Ntice f Vilatin, in default f its being dne by the persn directed t d it, such wrk may be dne by the Twn r its agents at the expense f the persn and the Twn may recver all csts incurred in ding the wrk by adding the csts t the tax rll and cllect them in the same manner as municipal taxes. 10 INVOICE FOR COSTS PRIOR TO ADDITION OF COSTS TO MUNICIPAL TAXES 10.1 The Twn may, prir t adding remedial actin csts t Municipal Taxes, invice persns described in the By-Law requesting vluntary payment f the remedial actin csts.

6 ByrLaw N Page 6 11 PUBLIC NOTICE 11.1 The Twn may, as it deems expedient, give ntice f this By-Law frm time t time in a newspaper having general circulatin within the Twn, identifying the by-law and its enfrcement prvisins. 12 CONFLICTING LEGISLATION 12.1 Where there is any cnflict between the prvisins f this By-Law and the prvisins f the Municipal Act, as amended, the prvisins f the Municipal Act shall prevail t the extent f the cnflict. 13 VALIDITY AND SEVERABILITY 13.1 It is hereby declared that ntwithstanding any sectin, subsectins, clause, paragraph r prvisin f this ByrLaw r parts theref, be declared by a curt f cmpetent jurisdictin t be invalid, unenfrceable, iuegal r beynd the pwers f Cuncil t enact. such sectin r sectins r parts theref shall be deemed t be severable and shall nt effect the validity r enfrceability f any ther prvisins f the By-Law as a whle r part theref and all ther sectins f the By-Law shall be deemed t be separate and independent therefrm and enacted Whenever any reference is made in this By-Law t a statute f the Legislature f the Prvince f Ontari, such reference shall be deemed t include all subsequent amendments t such statute and all successr legislatin t such statute. 14 PENALTY 14.1 Every persn wh cntravenes any prvisins f this By-Law is guilty f an ffence and upn cnvictin is liable t the penalty pursuant t the prvisins f the Prvincial Offences Act, Revised Statutes f Ontari 1990, Chapter P.33, as amended. 15 SHORT TITLE 15.1 This By-Law shall be cited as the STANDING AND STAGNANT WATER BY-LAW. 16 FORCE AND EFFECT 16.1 This By-Law shall take effect and becme in full frce and effect upn the day f third reading and passage theref.

7 By-Law N Page 7 READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JULY, 2Q03. THE CORPORATION OF THE TOWN OF BRADFORD WEST GWllUMBURY

8 By-Law N Page 8 SCH EDU LE "A" TO BY-LAW Uncut grass di id weeds c\e\cled ~ ~ 2cx:::> IS- 2. Untrimmed shrugs, gushes BAd hcd es de\e.-\e& ~ ~~ /.1$ 3. Birdbaths 4. Bat Cvers 5. Pl Cvers 6. Tree hles 7. Flat tp rfs 8. Tires and Tire Swings 9. Unchlrinated Pls 10. Empty buckets, wheelbarrws and pts 11. Eavestrphes and rain gutters 12. Sump pumps 13. Small bats and canes 14. Plastic cvers n lawn chairs, lawn furniture 15. Outdr Equipment 16. Plastic greenhuse cvering 17. Strmwater management pnds, retentin r detentin pnds 18. Rain barrels 19. Unused mtr vehicles and similar vehicles, trailers, and recreatinal and playgrund equipment 20. Yard refuse and debris including empty water and fuel tanks 21. Plastic cntainers and bttles 22. Catchbasins and manhles 23. Pnds

- No object may be left inside the vehicle;

- No object may be left inside the vehicle; GENERAL CONDITIONS AND RULES OF USE OF THE CAR PARK ARTICLE 1 General prvisins and respnsibilities 1.1 - In the absence f a prir written agreement with PARKING, upn entering these premises the USER uncnditinally