BYLAW - Division Fence Reenactment - 20051213 - 474205PTHE CORPORA TJON OF THE TOWN OF AURORA
By-law Number 4742-0S.P
BEING A BY-LAW to apportion
the cost of division fences in the
Town of Aurora.
WHEREAS the prov1s1ons of Section 98 of the Municipal Act, R.S.O., 2001, as
amended, authorizes the Town of Aurora to enact a by-law to determine how the cost of
division fences shall be apportioned;
NOW THEREFORE THE MUNICIPAL COUNCIL OF THE CORPORATION OF THE
TOWN OF AURORA ENACTS AS FOLLOWS:
1.For the purposes of this by-law,
a) "actual cost" means the total cost of the construction, reconstruction or repair of a
division fence, and includes the value of the material used and the value of the
labour performed to complete the work;
b) "adjoining owner" includes all persons who are the registered owners or occupants
of any lands which abut the parcel of land that is the subject of an application or an
action for apportionment of the costs of a division fence pursuant to this By-law or
the Provincial Offences Act;
c) "basic cost" means the cost of constructing, reconstructing or repairing a division
fence of any kind that is an amount of money equal to the cost of the construction,
reconstruction or repair of a four (4) foot high steel chain link fence which shall be;
i) of not greater than 1 1/2 inch diamond mesh;
ii) constructed of galvanized steel wire not less than No. 12 gauge or minimum 14
gauge steel wire covered with a vinyl forming a total thickness equivalent to No. 12
gauge galvanized wire; and
iii) supported by at least 1 1/2 inch diameter galvanized steel posts encased in a
minimum of two (2) inches of concrete from grade to a minimum of two (2) feet below
grade, such posts to be spaced not more than ten (1 0) feet apart. Top and bottom
horizontal rails shall be provided or 1 1/4 inch minimum diameter galvanized steel
tension rod may be substituted for the bottom horizontal steel rail.
d) "Corporation" means the Corporation of the Town of Aurora; and
e) "division fence" means a fence located on and marking the boundary between
adjoining parcels of land;
f) "owner" means a registered owner or occupant of land who initiates these
procedures to install and apportion the costs of a division fence and "owner" includes
the person managing or receiving the rent for the land or premises whether on his
own account or as agent or trustee for the owner; and
g) "Town" means the geographic area within the jurisdiction of the Corporation of the
Town of Aurora.
2. This By-law shall be applicable to all lands within the Town.
3. This By-law does not apply to any lands that constitute a public highway, including
lands abutting a public highway that are. held as a reserve by the Corporation or
other public authority to separate lands abutting the reserve from the highway, or to
lands that are being held by a municipality or other public authority as an unopened
road allowance or for future public highway purposes.
By-law Nurnber 47 42-0S.P
Page 2 of2
4. An owner of land may construct and maintain a fence to mark the boundary
between his land and adjoining lands.
5. This By-law does not apply to any fence constructed or intended to be constructed
entirely or substantially upon one owner's lands.
6. An owner desiring to construct, reconstruct or repair a division fence pursuant to
this By-law shall serve or cause to be served upon the adjoining owner, by registered
mail, a notice of his intention to do so at least fourteen (14) days prior to the
commencement of any work or execution of any contract in relation to the work to be
undertaken.
7. The notice shall indicate that, unless otherwise agreed, the actual cost for the
construction of a division fence shall be paid as follows:
a) the adjoining owner shall pay fifty percent (50%) of the basic cost or fifty percent
(50%) of the actual cost, whichever is the lesser in respect of the division fence in
relation to his property; and
b) the owner shall pay the balance of the actual cost.
8. Where a declaration has been registered under the Condominium Act, the
condominium corporation and not the owners of the individual units shall be deemed
to be the adjoining owner or the owner of the land described in the declaration for the
purposes of this by-law and,
a) any payment that the condominium corporation may be responsible for under this
by-law is a common expense for the purposes of the Condominium Act; and
b) any payment to be made to the condominium corporation under this Act is an
asset of the condominium corporation.
9. Notwithstanding anything herein to the contrary, the provisions of this By-law shall
not be interpreted as superseding or supplanting the provisions of any other by-law
heretofore or hereinafter enacted by the Corporation establishing a maximum height
for fences in any defined area and the provisions of such by-law or by-laws shall
apply to any division fence in accordance with the terms hereof.
10. Any owner desiring to enforce the provisions of this By-law shall, within 90 days
after completion of the construction, reconstruction or repair of the division fence,
serve or cause to be served on the adjoining owner a notice by registered mail
requiring compliance with this By-law by means of payment of that adjoining owner's
portion ofthe basic cost and if such compliance does not take place within thirty (30)
days after service of the notice, the owner may take appropriate proceedings under
the Provincial Offences Act to recover the proportionate share of the cost of the work
·from the adjoining owner.
11. This By-law may be known as the Division Fences By-law.
12. This By-law shall come into force and effect upon third reading hereof.
13. By-law No. 3468-93 is hereby repealed.
READ A FIRST AND SECOND TIME THIS 13th DAY OF DECEMBER 2005.
READ AT --TillitE AND FINALLY PASSED THIS 13th DAY OF DECEMBER 2005.
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