Loading...
BYLAW - Debris Reenactment - 20051213 - 473805PTHE CORPORAtiON OF THE TOWN OF AURORA By-law Number 4738-05.P BEING A BY-LAW to require the cleaning and clearing of any ground or yards and to prohibit the dumping of refuse. WHEREAS the provisions of Section 127 of the Municipal Act, R.S.O., 2001, as amended, authorizes the Town ofAurora to enact by-laws to requiring the cleaning up of properties; AND WHEREAS the provisions in Section 11 Municipal Act, R.S.O., 2001, as amended, authorizes the Town of Aurora to pass by-law respecting activities on town owned highways; NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: Definitions 1. In this by-law, 1.1 "abandoned motor vehicle" means a vehicle that has been left unattended and that, in the opinion of an officer, by reason of its age, appearance, mechanical condition, lack of licence plates or invalid licence plates, has been abandoned; 1.2 "inoperable motor vehicle" means a vehicle not having valid licence plates which, by reason of its age, appearance and mechanical condition is, in the opinion of an officer, not repairable to the extent necessary to put it into roadworthy condition; 1.3 "officer" means a By~law Enforcement Officer designated by the Council of the Town of Aurora to enforce the provisions of its by-laws; · 1.4 "owner" includes the registered owner of a property, a lessee, tenant, mortgagee in possession, and any person occupying or in charge of any property; 1.5 "person" includes a natural individual and a corporation, association or partnership; 1.6 "property" means any grounds, yard or vacant lot, whether public or privately owned and "property" includes any portion of a municipally owned highway that is laid out as a boulevard. 1. 7 "refuse" means any object or material that has been discarded by any person or that is no longer in use or reasonably intended to be used by any person having ownership or control over such object or material, and refuse shall include debris and "refuse" as defined in Town By-law 3261-91 (the Refuse Disposal By-law) and Schedules thereto and shall include abandoned or inoperable motor vehicles. Prohibition 2. No person shall throw, place or deposit any refuse on private property or on any property owned by the Town or any local board thereof, without the prior written authority to do so from the owner or occupant of such property. Requirement for Rectification By-law Number 4738-05.P Page 2of2 3. Any owner, immediately upon receipt of notice in writing from an officer, in respect of the owner's property, requiring such owner to do so, shall: 3.1 fill up any hole, excavation or depression, in or on the property to the satisfaction of the officer. 3.2 clean and clear the property of and from all refuse to the satisfaction of the officer; or 3.3 Cause any water on the property, which collects by reason of any depression, excavation or hole, or for any other reason whatsoever, to be properly drained to the satisfaction of the officer. The foregoing shall be completed as required in the notice, to the satisfaction of an officer. 4. The aforesaid notice in writing may either be served. upon the owner personally or mailed by prepaid first class post to the address of the owner, as shown on the last revised assessment roll, and the sending of such notice shall be deemed to be good and sufficient service of notice upon the owner. 5. Wherever this By-law directs or requires any matter to be done, in default of this being done by the owner directed or required to do so, within three weeks after notification of the owner as required herein, such matter or thing may be done by the Town or its agents at the expense of such owner, and the Town may recover all expenses from the owner so incurred by action or in like manner as municipal taxes. 6. Nothing is this by-law shall apply to any licensed salvage yard. Offence 7. Every person who contravenes any provision of this by-law is guilty of an offence and, upon conviction pursuant to the Provincial Offences Act (as amended), is liable to a fine in the amount provided for by section 62 of the Provincial Offences Act, or any successor legislation in substitution therefore. 8. Town of Aurora By-Law number 3354-91 is hereby repealed. 9. This By-law shall come into force and effect upon third reading hereof. READ A FIRST AND SECOND TIME THIS 13th DAY OF DECEMBER 2005. READ A THIRD TIME AND FINALLY PASSED THIS 131h DAY OF DECEMBER 2005.