Lot Maintenance By-law

1. Short title

1.1. This bylaw shall be known as the "Lot Maintenance Bylaw".

2. Definitions

2.1 "Art Mural" - is a mural depicting a scene or theme for a designated surface and location that has been approved by the property owner and deliberately implemented for the purpose of beautifying the specific location.

2.2 "County" - shall mean the Corporation of Norfolk County.

2.3 "Debris" - shall mean refuse as defined within this bylaw.

2.4 "Graffiti" - shall mean one or more letters, symbols, figures, etchings, scratches, inscriptions, stains, pictorial representations, messages, slogans or other markings, howsoever made, that disfigure or deface a building, structure or object, including but not limited to, a fence, retaining wall, pavement, vehicle and waste container, but does not include any of the following:

• a sign, public notice or traffic control mark authorized by the County;
• a sign authorized pursuant to a permit issued by the County's Sign Bylaw;
• a sign, public notice or traffic control mark authorized by Provincial or Federal law.
• an art mural.

2.5 "Industrial Waste" - shall mean any article, thing, refuse, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture, or any trade, business, calling or occupation, that appears to be waste material, which for greater certainty includes all garbage, discarded material or things, broken or dismantled things and materials or things exposed to the elements, deteriorating or decaying on the property due to exposure or the weather. Industrial waste includes but is not limited to the following classes of waste material:

• Piping, tubing, conduits, cable, fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable;
• Rubble, inert fill;
• Mechanical equipment, mechanical parts, accessories or adjuncts to mechanical equipment;
• Articles, things, matter, effluent which are derived from or constituted from or consist of,
  • agricultural, animal, vegetable, paper, lumber or wood products; or
  • mineral, metal or chemical products;
• Bones, feathers, hides;
• Paper or cardboard packaging or wrapping;
• Material resulting from, or as part of, construction or demolition projects;
• unlicensed motor vehicle, inoperative vehicle, vehicle parts and accessories or adjuncts to the vehicles, vehicle tires mounted or unmounted on rims not contained in a legal salvage yard;

Industrial Waste as defined by this by-law does not cease to be industrial waste by reason only that it may be commercially saleable or recyclable.

2.6 "Inoperative Motor Vehicle" - includes but is not limited to a motor vehicle that:

a. is unable to be operated as a result of being dismantled, broken or incomplete, decayed or dilapidated, in particular with missing wheels, tires, body components or windows; or

b. does not have affixed to it a currently validated number plate as required under the Highway Traffic Act.

2.7 "Invasive Plants" - shall mean any non-native plant species as defined by the Director of Parks or their designate which, in their opinion is a detriment to neighbouring properties.

2.8 "Long Grass" - shall mean grass, weeds or organic growth of any kind exceeding 20 cm. (8") in height or length, but for the purposes of this bylaw shall not include organic growth intended for horticultural, ornamental or agricultural purposes, or organic growth that is considered a native species which is documented as part of a prairie or savannah habitat.

2.9 "Motor Vehicle" - shall include an automobile, commercial motor vehicle,    motorcycle, motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power.

2.10 "Noxious Weeds" - shall mean noxious weeds as defined by the Weed Control Act, R.S.O. 1990, as amended.

2.11 "Officer" - shall mean a Municipal Law Enforcement Officer or other person appointed by the Council of The Corporation of Norfolk County for the purposes of enforcing county bylaws, and for the purposes of this bylaw shall include the Ontario Provincial Police or any other police agency.

2.12 "Owner" - shall mean the person who owns the property and, for the purposes of this bylaw, shall include any owner, occupant, tenant or lessee.

2.13 "Person" - shall include the owner as defined in section 2.12 of this bylaw and may also include any individual, company, corporation, partnership, firm, trust, sole proprietorship, government or government agency, authority or entity, however constituted, joint venture, syndicate or any other legal entity, and includes all successors, assigns or other legal representatives of any such entities.

2.14 "Property" - shall mean any parcel of land or registered water lot located within a Residential, Commercial, Institutional or Industrial zone. Without limiting the generality of the foregoing, property shall mean lands and premises appurtenant to a building or structure but shall exclude any building or structure.

2.15 "Refuse" - shall include any unused or discarded material, thing or substance and, without limiting the generality of the foregoing, shall include debris, rubbish, junk, litter, discarded paper or paper products, unused or discarded materials of any kind, appliances, devices, apparatus, machinery, furniture, discarded clothing, construction materials, concrete, flagstone, gravel, asphalt, tires, unused motor vehicles or parts thereof, abandoned vehicles, inoperative motor vehicles, objects or conditions that may create a fire, health or safety hazard, dead animals, old or decayed lumber, decayed trees, discarded trees, parts of trees and leaves or discarded organic materials that are not part of a compost program.

2.16 "Vehicle" - shall include a motor vehicle, trailer, recreational vehicle, camper, all-terrain vehicle, boat, watercraft, and a vehicle drawn, propelled or driven by any kind of power, including a motorized snow vehicle.

3. General provisions

3.1 Every person shall keep their property in a clean condition, and without limiting the generality of the foregoing, shall keep the property free of refuse, debris, industrial waste, long grass, inoperative motor vehicles, graffiti, noxious weeds and invasive plants.

3.2 Every person shall keep their property free from objects or conditions that are likely to create a health, fire or safety hazard.

3.3 Every owner of land or property abutting a highway, street or municipal laneway shall ensure that the untraveled portion of said highway, street or laneway that    abuts said owner's land or property is kept clear of any and all refuse, debris, long grass, noxious weeds, invasive plants, safety hazards, and inoperative motor vehicles and shall ensure that all turf grass areas on said untraveled portion of the highway are maintained in accordance with this bylaw.

3.4 The occupant of a residential property may provide for a compost heap, provided that the compost pile covers an area no larger than 1 sq m (10 sq. ft), not more than 1.8m (6 ft) in height and is enclosed on all sides by concrete block or lumber or is in a container, or an enclosed commercial plastic container designed for composting.

3.5 Every owner of property shall clean the exterior of any building, structure,    or object on their property to remove graffiti.

4. Exemption

4.1 Section 3.1 of this by-law shall not apply to property which is lawfully used for outdoor storage of materials in compliance with the applicable zoning and licensing by-laws and regulations.

5. Enforcement

5.1 This bylaw shall be enforced by a Municipal Law Enforcement Officer.

5.2 A Municipal Law Enforcement Officer shall determine what constitutes a health, fire, or safety hazard.

5.3 Where an officer is satisfied that a property is not maintained in compliance with the provisions of this bylaw, the officer may make an order or written direction to the owner, directing that the property be brought into compliance with the requirements of this bylaw within a reasonable and defined time period, but such time period shall not be less than seventy-two (72) hours from date of the order or direction, save and except that which constitutes a safety, health or fire hazard. The determination of a reasonable and defined time period in which to comply with expected complex and/or time-consuming clean-up matters shall be at the discretion of the investigating officer and the Supervisor of By-Law Enforcement or designate.

5.4 An order or written direction shall contain the reasonable particulars of the contravention, the work to be completed, and the date or dates by which the work must be complete.

5.5 Said order or written direction may be served:

• by regular mail to the last known address of the owner or occupant of the property where the contravention occurred; or
• by an officer posting the order in a conspicuous place on the property; or
• personally, on the owner or occupant of the property where the contravention occurred.

5.6 In the case of a health, fire or safety hazard, a Municipal Law Enforcement Officer may compel that said hazard be removed forthwith without the order or direction as described in section 5.3.

5.7 Any employee, officer or agent of the County may enter upon property at any reasonable time for the purpose of carrying out an inspection to determine whether or not the following are being complied with:

• This bylaw;
• A direction or order made under this bylaw;
• A prohibition order made under s. 431 of the Municipal Act, 2001

5.8 An officer may, for the purposes of the inspection under section 5.7,

• require the production for inspection of documents or things relevant to the inspection;
• inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
• require information from any person concerning a matter related to the inspection;
• alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

5.9 Any cost incurred by the County in exercising its authority to inspect under

5.8 (d), including but not limited to the cost of any examination, test, sample or photograph necessary for the purpose of the inspection, shall be paid by the owner of the property where the inspection takes place.

6. Offences and penalties

6.1 Every person who contravenes this bylaw or fails to comply with an order made under this bylaw is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act, R.S.O. 1990, as amended.

6.2 Every person who hinders or obstructs an officer exercising a power or performing a duty under this bylaw is guilty of an offence and upon conviction liable to a fine or penalty as provided for in the Provincial Offences Act, R.S.O. 1990, as amended.

7. Administration

7.1     Where any person has failed to comply with the provisions of this bylaw or fails to comply with an order or direction made under this bylaw, the county or its agents may enter upon the property at any reasonable time to perform the work at the person's expense. The county may recover the costs from the person ordered, 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. Such costs shall include any administration fees or accrued interest as authorized under a bylaw of the county.

7.2 Where a vehicle has been removed, impounded, restrained or immobilized according to Section 170(15) of the Highway Traffic Act, R.S.O. 1990, as amended, in violation of this bylaw, all costs associated with the removal, impoundment, restraining or immobilization will be the responsibility of the registered owner of the vehicle.

8. Severability

8.1 If a court or tribunal of competent jurisdiction declares any portion of this bylaw to be illegal or unenforceable, that portion of this bylaw will be considered to be severed from the balance of the bylaw, which will continue to remain in effect.

9. Repeal

9.1 That Norfolk County Bylaw 2005-127 is hereby repealed save and except that bylaw 2005-127 will continue in full force and effect with respect to all notices, directions, orders, proceedings and things done on or before the date of enactment of this bylaw.

10. Effective date

10.1 The effective date of this Bylaw shall be the date of passage thereof.

Enacted and passed this 17th day of May 2022.