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BYLAW - Clean Yards Re enactment - 20051213 - 475405PTHE CORPORATION OF THE TOWN OF AURORA By-law Number 4754-05.P BEING A BY-LAW requiring properties to be maintained in a safe condition and kept clear of waste WHEREAS the provisions of Section 127 (a), (b), (d),75(1 ), 127 and 131ofthe Municipal Act, R.S.O., 2001, as amended, authorizes the Town of Aurora to enact by-laws to require yards to be kept in a safe condition and free of refuse and debris; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: DEFINITIONS: 1. For the purpose of this by-law; a) Corporation means the Corporation of the Town of Aurora. b) Property shall mean any private or public lands including yards or vacant lots. c) Provincial Offences Officer means a person appointed by by-law of the Corporation of the Town of Aurora as a Provincial Offences Officer pursuant to the authority under s. 15 of the Police Services Act, R.S.O. 1990, c.P.15 or designated in writing by a Minister under Section 1 (3) of the Provincial Offences Act, R.S.O. 1990. C. P.33 as a Provincial Offences Officer. d) Refuse or Debris shall mean any waste material of any kind whatsoever and without limiting the generality of the foregoing includes rubbish, inoperative or unlicensable vehicles or boats and mechanical equipment, automobile and mechanical parts, tires, furnaces, water and fuel tanks, furniture, glassware, plastic, cans, garden refuse, grass clippings, trees, tree branches, earth or rockfill, snow, materials from construction or demolition projects, old clothing and bedding, refrigerators. freezers, or similar appliances, whether operable or inoperable and containers of any kind and un-maintained garden fixtures. e) Deserted Motor Vehicle means a vehicle that has been left unattended and that, in the opinion of the inspector, by reason of it's age, appearance, mechanical condition, lack of license plates or invalid license plates, appears to have been abandoned. f) Inoperable Motor Vehicle means a vehicle not having valid license plates which, by reason of age, appearance and mechanical condition is, in the opinion of an inspector, not repairable to the extent necessary to put it into roadworthy condition. g) Naturalized Areas mean lands that may be subject to environmental protection and/or conservation, pursuant to the Town of Aurora's Official Plan and/or Zoning by-law and amendments thereto, or lands that are either environmentally sensitive, susceptible to flooding, erosion, have steep slopes, ponds, and/or other natural or ecological features that make either the existence of a lawn and/or the maintenance of such an area's vegetative growth to a height of no more than 8 inches or 20 millimetres impossible, and/or that preserve the natural environment for the protection and existence of wildlife, watercourses, conservation and forestry areas. By··law Number 4754,05.P Page2of3 (h) Depression or Excavation shall mean a man made condition on property that is capable of holding water for more than five (5) consecutive days but does not include a storm water management facility or a natural body of water. (i) Medical Officer of Health means the Medical Officer of Health for the Region of York; U) Natural Body of Water refers to a creek, stream, bog, marsh, river, pond or lake crated by the forces of nature and which contains water on a regular basis. (k) Owner means the person(s) that appears on the assessment rolls of the Town of Aurora; (I) Person includes a natural individual, corporation, partnership or association; (m) Standing Water means any water, other than a natural body of water, that is found either on the ground or in refuse or debris as defined in this by-law and contains or is likely to contain mosquito larvae. GENERAL: 2. All private property shal! be kept clear of waste, and no person shall dump, place, deposit or permit to be dumped, placed or deposited on any grounds, yards or vacant lots within the Town of Aurora any refuse or debris and, without limiting the generality of the foregoing, this shall include deserted or inoperable motor vehicles and parts thereof. 2.1 No person shall keep a property unless it is free of: (a) depressions or excavations on the property capable of holding standing water for more than five days; (b) refuse or debris of any kind capable of holding standing water; 3. a) No person shall throw, place or deposit any refuse or debris on any private property or lands owned by the Town or permit the use of his or her property to be utilized for such a purpose. b) No person shall aid or assist any person to throw, place or deposit any refuse or debris on any private property or lands owned by the Town or permit the use of his or her property to be utilized for such a purpose. 4. All refrigerators, freezers or similar appliances which are no longer being used shall be: a) maintained inside an enclosed building, or; b) disposed of through the Town's waste management services. 4.1 No person shall keep a swimming pool, hot tub, wading pool, garden fountain or artificial pond unless it is maintained in good repair and working condition. 5. Refrigerators, freezers or similar appliances which are placed out on boulevard for disposal thereof shall have removed there from all doors and not limiting the generality of the foregoing shall include all sliding, swinging, spring loaded, and pull- to-open doors. By-law Number 4754-05.P Page 3 of3 6. All private property owners shall cut and maintain the grass on their lawns to a height no higher than 8 inches or 20 millimetres, except for those areas which are "naturalized areas" as definedwithih this by-law. 7. When any property is not maintained pursuant to the requirements of this by-law, the Corporation shall send a notice requiring them to make the property conform to the requirements of this by-law and the notice shall specify the time allowed for compliance. 8. The aforesaid notice in writing may either be delivered or mailed by first class post to the address of the owner or occupant, as shown on the last revised assessment role, and the sending of such notice shall be deemed to be good and sufficient delivery of notice upon the owner. 9. Wherever this by-law directs or requires any matter to be done, in default of its being done by the person directed to do it, such matter or thing shall be done by the Town or its agents at the expense of such person and the Town may recover all expenses so incurred by action or in a like manner as municipal taxes. Penalty: 10. Every person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine pursuant to the provisions of the Provincial Offences Act, as a.mended 11. By-law 4370-02.P is hereby repealed. READ A FIRST AND SECOND TIME THIS 131h DAY OF DECEMBER 2005 READ A THIRD TME AND FINALLY PASED THIS 131h DAY OF DECEMBER 2005 ·~