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BYLAW - Private Tree Protection By law - 20160524 - 585016THE CORPORATION OF THE TOWN OF AURORA By-law Number 5850-16 BEING A BY-LAW to prohibit and/or regulate the Injury or Destruction of Trees on Private Property in the Town of Aurora. WHEREAS subsection 135(1) of the Municipal Act, 2001, S.O. 2001, c. 25 (the "Act") provides that a local municipality may prohibit or regulate the destruction or injuring of trees; AND WHEREAS trees provide real value in the ecological, social, economic and communal fabric of the community; AND WHEREAS trees are among the most important living organisms in their ability to absorb air pollutants, expel life giving oxygen and provide a host of other environmental goods and services; AND WHEREAS subsection 135(7) of the Act provides that a municipality may in a by-law require that a permit be obtained to injure or destroy trees and may impose conditions to a permit, including conditions relating to the manner in which destruction occurs and the qualifications of persons authorized to injure or destroy trees; AND WHEREAS the Council of The Corporation of the Town of Aurora (the "Town") desires to repeal By-law Number 4474-03.D, as amended, and enact a new replacement by-law to deal with matters relating to injury and destruction of trees located wholly on private property within the jurisdiction of the Town; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. DEFINITIONS 1.(1) The following words as set out in this by-law shall have the following meanings: (a) "Act" means the Municipal Act, 2001, S.O. 2001, c. 25, as amended; (b) "Applicant" means the Owner or an authorized agent of the Owner who submits an Application under the provisions of this by-law; (c) "Application" means an application for a Permit on a form prescribed by the Director; (d) "Arborist" means an expert in the care and maintenance of trees, and includes: (i) an arborist qualified by the Ontario Ministry of Training, Colleges and Universities; (ii) a Forest Technician or Forestry Technologist with an applicable college diploma and a minimum of two (2) years urban forestry experience; (iii) a certified arborist qualified by the Certification Board of the International Society of Arboriculture; (iv) a consulting arborist registered with the American Society of Consulting Arborists; (v) a Registered Professional Forester designated pursuant to the Professional Foresters Act, 2000, S.O. 2000, c. 18, as amended; or (vi) such other person with other similar qualifications as approved by the Director; By-law Number 5850-16 Page 2 of 12 (e) "Arborist's Report" means a technical report prepared by an Arborist or Registered Professional Forester which identifies the surveyed location, species, size and condition of a tree, provides the reasons for any proposed Injuring or Destruction of a tree, and describes tree protection measures or other mitigating activities to be implemented; (f) "Council" means the Council of The Corporation of the Town of Aurora; (g) "Cultivated Orchard" means a property that is used for the dominant purpose of growing and maintaining fruit or nut Trees for the commercial harvesting and sale of their fruits or nuts; (h) "DBH" means the diameter at breast height, which shall be the diameter of the trunk of a Tree at a point of measurement 1.37 metres above the ground. DBH of multi -trunk Trees shall be measured as prescribed by the Director. Where a Tree has been cut down and the remaining stump is less than 1.37 metres in height, the DBH shall be the extrapolated as prescribed by the Director; (i) "Destroy" and/or "Destruction" means to kill by cutting, burning, uprooting, chemical application, or other means; (j) "Director" means the Director of Parks & Recreation Services for the Town or his/her designate; (k) "Emergency Work" means work necessary to terminate an immediate threat to life or property and includes maintenance works arising from natural events (e.g. ice storm, high winds, lightning, etc.) as well as maintenance works associated with emergency drain repair, utility repair and building repairs; (1) "Golf Course" means a property that is used to commercially operate a golf course in compliance with all applicable laws; (m) "Hazard Tree" means a Tree that is a safety concern to property or life but not an immediate threat; (n) "Heritage Tree(s)" means any Tree, including but not limited to, pairs of Trees, avenues or windrows of Trees, grove or arboreal remnants, or one (1) or more Trees that form part of a cultural heritage landscape that is on private property and is: (i) located within a heritage conservation district as designated under Part V of the OHA; (ii) designated under, or located on a property designated under, Part IV of the OHA; (iii) designated by the Ontario Urban Forest Council; (iv) listed on the Town's Register of Properties of Cultural Heritage Value or Interest; (o) "Injure and/or Injury" means to damage or attempt to Destroy a Tree by: (i) removing, cutting, girdling, or smothering of its roots; (ii) interfering with its water supply; (iii) setting fire to it; (iv) applying chemicals on, around, or near it; (v) compacting or re -grading within the drip line of it; (vi) causing damage by new development or construction related activities that are not evaluated as part of an approval under the Planning Act, (vii) storing any materials within the drip line; or By-law Number 5850-16 Page 3 of 12 (viii) any other means resulting from neglect, accident or design; (p) "Local Board" means a municipal service board, public library board, transportation commission, board of health, police services board, or any other board, commission, committee, body or local authority established or exercising any power under any legislation with respect to the affairs or purposes of the Town, but does not include a school board, a conservation authority, or a private cemetery corporation; (q) "Municipal Law Enforcement Officer" means an individual appointed by the Town by by-law pursuant to subsections 15(1) and 15(2) of the Police Services Act, R.S.O. 1990, c. P.15, as amended, for the administration and enforcement of Town by-laws; (r) "Nursery Stock" means coniferous or hardwood seedlings, transplants, grafts, or trees propagated or grown in a nursery and with the roots attached, and includes cuttings with or without the roots attached; (s) "OHA" means the Ontario Heritage Act, R.S.O. 1990, c. 0.18, as amended; (t) "Owner" means the person having the right, title, interest or equity in the land containing a subject Tree, or his or her agent authorized in writing; (u) "Permit" means a permit to Injure or Destroy a Tree issued by the Director; (v) "Permit Application Fee" means the prescribed fee as set out in the Town's Fees and Charges By-law, as may be amended from time to time; (w) "Person" and/or "Persons" includes a corporation, a partnership, an individual, a public utility and its heirs, executors, directors, or other legal representatives of a person to whom the context can apply according to law; (x) "Planning Acf' means the Planning Act, R.S.O. 1990, c. P. 13, as amended; (y) "Property" means a parcel of real property under registered ownership; (z) "Pruning" means the removal of branches from living Trees by cutting at a point outside the branch collar (but does not include the removal of more than one -quarter ('/4) of a Tree's leaf -bearing crown), for the purpose of thinning the crown of a Tree to increase light penetration and air movement, providing clearance and eliminating interference with utility lines, buildings, pedestrians or vehicles, or eliminating dead, hazardous or diseased wood; (aa) "Registered Professional Forester" means a member of The Ontario Professional Foresters Association entitled to use the designation of "Registered Professional Forester" pursuant to subsection 14(6) of the Professional Foresters Act, 2000, S.O. 2000, c. 18, as amended; (bb) "Region" means The Regional Municipality of York; (cc) "Town" means The Corporation of the Town of Aurora; (dd) "Tree" means any perennial woody plant, including its root system, which has reached or can reach a height of at least four and a half (4.5) meters at physiological maturity and having its trunk located wholly on private property; (ee) "Tree Farm" means a property on which Trees are grown and maintained for the dominant purpose of commercial sale; By-law Number 5850-16 Page 4 of 12 (ff) "Tree Inventory and Preservation Plan" means a plan required by the Town as a condition of development or re -development approval pursuant to sections 41, 51, or 53 of the Planning Act, which plan determines, among other things, the Trees to be: (i) preserved through an assessment process identifying Trees, shrubs and other specific areas of natural habitat and their ecological function or importance; (ii) the impacts of any proposed development on the Trees, shrubs, and other specific areas of natural habitat and their ecological function or importance; (iii) mitigation measures and measures to protect and manage Trees to be preserved (not limited to protective barriers and/or hoarding); and (iv) proper practices to remove Trees to be destroyed; (gg) "Woodlands" means land at least one (1) hectare in area and with at least: (i) 1000 trees, of any size, per hectare; (ii) 750 trees, measuring over five (5) centimeters DBH, per hectare; (iii) 500 trees, measuring over twelve (12) centimeters DBH, per hectare; or (iv) 250 trees, measuring over twenty (20) centimeters DBH, per hectare; but does not include a cultivated fruit or nut orchard or a plantation established for the purpose of producing Christmas trees or Nursery Stock; (hh) "York Region Forest Conservation By-law" means by-law No. TR-0004- 2005-036, as amended, or successor thereto, as enacted by the Region. 2. APPLICATION OF THE BY-LAW 2.(1) Except as otherwise provided in this by-law, the provisions of this by-law shall apply to any Tree whose trunk is located wholly on private property. 2.(2) Despite subsection (1), the Region shall have jurisdiction over the issuance of any type of permit allowing the Injury or Destruction of Trees on Woodlands. 3. EXEMPTIONS FROM THE BY-LAW 3.(1) The provisions of this by-law do not apply to: (a) activities or matters within Woodlands that are governed by the York Region Forest Conservation By-law; (b) activities or matters within a building or structure, a solarium, rooftop garden, or an interior courtyard having a soil depth of less than one and a half (1.5) metres above a built substructure; (c) activities or matters undertaken by the Town or a Local Board; (d) activities or matters undertaken under a license issued under the Crown Forest Sustainability Act, 1994, S.O. 1994, c. 25, as amended, or successor thereto; (e) Trees having its trunk located wholly or partially on municipal lands; (f) the Injuring or Destruction of Trees within a Tree Farm that are being actively managed and harvested for the purpose for which the Trees were planted; (g) the Injuring or Destruction of Trees within a Cultivated Orchard; By-law Number 5850-16 Page 5 of 12 (h) the Injuring or Destruction of Trees by a person licensed under the Surveyors Act, R.S.O. 1990, c. S.29, as amended, or successor thereto, to engage in the practice of cadastral surveying or his or her agent, while making a survey; (i) the Injuring or Destruction of Trees imposed after December 31, 2002, as a condition to the approval of an site plan, plan of subdivision or a consent under section 41, 51 or 53, respectively, of the Planning Act, or as a requirement of a development agreement, including a site plan agreement and a subdivision agreement, entered into under those sections (including the Injury or Destruction of a Tree in compliance with a Tree Inventory and Preservation Plan); (j) the Injuring or Destructing of Trees imposed after December 31, 2002, as a condition to a development permit authorized by regulation made under section 70.2 of the Planning Act or as a requirement of an agreement entered into under the regulation; (k) the Injuring or Destruction of Trees by a transmitter or distributor, as those terms are defined in section 2 of the Electricity Act, 1998, S.O. 1998, c. 15, Sched. A, as amended, or successor thereto, for the purpose of constructing and maintaining a transmission system or a distribution system, as those terms are defined in that section; (1) the Injuring or Destruction of Trees undertaken on land described in a licence for a pit or quarry or a permit for a wayside pit or wayside quarry issued under the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended, or successor thereto; (m) the Injuring or Destruction of Trees undertaken on land in order to lawfully establish and operate or enlarge any pit or quarry on land: (i) that has not been designated under the Aggregate Resources Actor predecessor legislation; and (ii) on which a pit or quarry is a permitted land use under a by-law passed under section 34 of the Planning Act, 4. PERMIT REQUIREMENT 4.(1) Unless otherwise exempted under this by-law, no person shall permit or cause the Injury or Destruction of: (a) more than two (2) Trees on any one Property less than 0.25 hectares in area within any twelve (12) month period having a trunk diameter of more than twenty (20) centimetres DBH and less than seventy (70) centimeters DBH; (b) on Properties greater than 0.25 hectares in area, more than two (2) Trees per every 0.25 hectares of area on a given Property within any twelve 12 month period having a trunk diameter of more than twenty (20) centimeters DBH and less than seventy (70) centimeters DBH (c) any Tree having a trunk DBH greater than seventy (70) centimeters; or (d) any Heritage Tree; without first obtaining a Permit pursuant to this by-law. 4.(2) Where a Permit has been issued under this by-law, no person shall permit or cause the Injury or Destruction of any Tree unless it is done in accordance with the conditions of the Permit and any other supporting documentation relevant to the issuance of the Permit. 4.(3) Despite subsection (1), a Permit is not required: (a) to Injure, Destroy or remove any Tree, or a part of a Tree, as a necessary part of Emergency Work pursuant to section 6; By-law Number 5850-16 (b) to perform Pruning; Page 6 of 12 (c) where the Injury or Destruction of a Tree is specifically required in an order made under this by-law, the Act or the Town's Property Standards By-law; (d) to Injure, Destroy or remove any Tree located on a Golf Course. 5. DEAD, DISEASED AND HAZARD TREES 5.(1) Where a person wishes to Injure, Destroy or remove any dead, diseased or Hazard Tree, or any portion of such a Tree, such a person shall provide to the Town an Arborist certificate, or a report satisfactory to the Director, confirming that any such Tree is dead, diseased or a Hazard Tree along with an application required pursuant to section 8. 5.(2) Notwithstanding subsection 8(1), an Application fee is not required to be submitted in relation to an Application relating to a dead, diseased or Hazard Tree. However, should the Director deem a certificate or report provided under subsection (1) to be incomplete, insufficient or deficient in any way, the Director shall not issue a Permit until a satisfactory certificate or report is provided or a new Application is submitted to the Town that satisfies all the requirements of this by-law, including the fee requirement. 5.(3) No Injury, Destruction or removal activity shall be taken by any person beyond what is contemplated in any applicable certificate or report provided under subsection (1). 6. EMERGENCY WORK 6.(1) Injury, Destruction and removal of any Tree may be conducted without a Permit provided that any such Injury, Destruction or removal was necessary and a part of Emergency Work. 6.(2) Following any Emergency Work, the Owner of the property on which Tree(s), for which a Permit would have otherwise been required, affected by any such Emergency Work are located shall, within seventy-two (72) hours of completing or abandoning such Emergency Work, submit evidence satisfactory to the Director that any Injury, Destruction or removal of a Tree was required as part of the Emergency Work. 6.(3) The Director has the authority to deem any Injury, Destruction or removal of a Tree, or of any portion of a Tree, done pursuant to subsection (1), to not have been necessary and/or not in the category of Emergency Work based on the materials provided under subsection (2) and any other information deemed relevant by the Director, in which case, the Director may require that a retroactive Permit application be made and/or pursue any enforcement steps permitted under this by-law. 7. ADMINISTRATION Administration Authority Delegated to the Director 7.(1) The Director is hereby delegated the authority and responsibility for the administration of this by-law, including the authority to receive Applications, certificates from Arborists, and any associated fees, to issue, to revoke and to refuse to issue Permits and also to impose conditions on any Permits in accordance with this by-law. 7.(2) The Director is authorized to delegate responsibilities for the administration and enforcement of this by-law to any Town staff or external third parties deemed to be qualified and appropriate by the Director for such purposes. By-law Number 5850-16 Page 7 of 12 Enforcement 7.(3) The Director and Municipal Law Enforcement Officers of the Town are hereby delegated the authority to enforce this by-law, including the authority to conduct inspections of Tree(s) pursuant to the exercise of their authority under this by-law and any other enacted Town by-law or legislation. Fees 7.(4) All fees and charges pursuant to this by-law may be set by the Town's Council from time to time and shall be set out in the Town's Fees and Charges By-law. 8. PERMIT APPLICATIONS Permit Application Requirements 8.(1) Where an Applicant applies for a Permit for the Injury or Destruction of a Tree(s), he/she shall submit the following to the Director: (a) an Application form completed to the satisfaction of the Director; (b) the name, address and telephone number of the Owner; (c) Application fee; (d) description of the purpose for which the Permit is required; (e) an Arborist's Report, if deemed to be required by the Director; (f) where the trunk of a Tree straddles a property line, the written consent to the Permit issuance from the property owner(s) on whose property the affected Tree is partially located; and (g) where the Applicant is not the Owner, the written authorization of the Owner consenting to the Application; (h) any other information deemed necessary by the Director. Director's Authority to Refund and Waive Fees 8.(2) Notwithstanding 8(1)(c), should the Director determine that a Permit is not required for an activity, matter or Tree subject to an Application or that such activity, matter or Tree is exempt from this by-law, any application fee submitted as part of such an Application shall be refunded to the Applicant, unless it is determined by the Director, at his/her discretion, that Town staff had expended considerable time and resources to process such Application due to an error on the part of the Applicant. 8.(3) Notwithstanding 8(1)(c), the Director is authorized to reduce or waive the Application fee if deemed appropriate, at his/her discretion. False or Misleading Information 8.(4) No person shall submit false or misleading information in support of an Application. Together with any other penalties or fines that may be otherwise imposed, if such false or misleading information is found to have been submitted in support of an Application, the Director will have the authority to refuse any such Application under consideration by the Town and to revoke any Permit issued by the Town on the basis of any such false or misleading information. 9. ISSUANCE OF A PERMIT Permit Approval Process By-law Number 5850-16 Page 8 of 12 9.(1) Upon receipt of an Application, the Director shall: (a) Make a decision as to whether or not a Permit will be issued and whether any conditions will be imposed on such a Permit considering the following: (i) the species of the Tree; (ii) the condition of the Tree; (iii) the location of the Tree; (iv) the protection of ecological systems and their functions, including the protection of native flora and fauna; (v) erosion, sedimentation of watercourses, and flood control; (vi) impacts to surrounding properties, including loss of shade, vistas or privacy; (vii) any public comments received; (viii) comments received from such persons, staff and agencies as deemed necessary, in the Director's opinion, for the proper review of the Application; (ix) whether or not a Tree is a Heritage Tree; (x) any conflicts with existing agreements or plans of the Town; and (xi) any other information that the Director deems to be relevant to the Application. (b) If a Tree subject to an Application is found by the Director to be a Heritage Tree, the Director shall not issue a Permit unless the Injury, Destruction or removal is approved by Council following a review by the Town's Heritage Advisory Committee. (c) If the Director determines that a Permit will not be issued pursuant to an Application, the Director shall notify the Application of the decision in writing and provide reasons for the refusal. Signage 9.(2) Upon receipt of an Application, the Director may Post an informational sign, as established by the Director, relating to the Application in a conspicuous place at or near the property on which the Tree subject to the Application is located and leave such sign in place for a period determined by the Director. 9.(3) No person shall temper with or remove any sign posted pursuant to subsection (2), unless following an Application, a Permit is issued and work pursuant to such Permit is completed, a Permit is issued and expires or it is otherwise directed by the Director. Permit Not Issued 9.(4) A Permit shall not be approved or issued where: (a) a Tree to be Injured or Destroyed is an endangered species as defined in the Endangered Species Act, 2007, S.O. 2007, c. 6, as amended, or the Species at Risk Act, S.C. 2002, c. 29, as amended; (b) approval would be in contravention of the Migratory Birds Convention Act, 1994, S.C. 1994, c. 22, as amended; (c) issuance of a Permit is under the jurisdiction of the Region and/or addressed under the York Region Forest Conservation By-law; or (d) approval is inconsistent with an approved Tree Inventory and Preservation Plan. By-law Number 5850-16 Page 9 of 12 Subdivision Not Yet Draft Approved 9.(5) Where an Application is made with respect to a Tree that is located on land that is subject to an application for a subdivision approval or a consent that has not received a draft approval or a provisional consent, the Director shall not issue a Permit until such approval or consent is obtained or Application otherwise approved by Council. Planning Application Not Approved 9.(6) Where an Application is made with respect to a Tree that is located on land that is subject to a re -zoning application, an application for site plan approval, or an application to amend the official plan that has not received final approval, the Director shall not issue a Permit until such approval or consent is obtained or Application otherwise approved by Council. Permit Approved Subject to Conditions 9.(7) The issuance of a Permit may be subject to conditions imposed by the Director or Council, as the case may be, which may include any or all of the following requirements: (a) submission of a Vegetation Management Plan ("VMP"), satisfactory of the Director, prepared by a certified Landscape Architect and, if required by the Director or Council, an Arborist and the VMP may include, but not be limited to, the following: (i) a vegetation inventory and assessment, including species size and condition, identifying all vegetation greater than 80mm DBH for individual Tree assessments, the perimeter at canopy of woodlands, groups or stands of vegetation, and trees and vegetation on adjacent properties that may be impacted; (ii) identification of all vegetation removals and protection measures for vegetation designated to be preserved, including an impact assessment to support vegetation removals and/or preservation measures; (iii) provision of compliance monitoring and protection/mitigation specifications including all arboricultural requirements for Trees designated to be preserved during construction; (iv) provision of post -construction performance monitoring and rehabilitation specifications; (v) an estimate of the monetary replacement value of the Tree(s) as set out in the International Society of Arboriculture ("ISA") Guide for Plant Appraisal or approved equivalent completed by an Arborist and financial compensation, paid to the Town based on the aforementioned ISA appraisal process for Tree (s)/vegetatio n lost or destroyed; and (vi) provision for replacement plantings at another suitable location on the property including provision of cash securities in an amount equal to one -hundred and twenty percent (120%) of the cost of replanting and maintaining the Trees for a period of two (2) years or where restoration planting is not physically possible on the site for which the Permit is being issued, provision of a cash payment to the Town to be placed in the Town's Tree Planting reserves for future Tree planting by the Town in an alternative location in the Town of Aurora; (b) the submission of a written undertaking and release to ensure that replacement plantings are carried out and maintained in accordance with landscaping and restoration plans approved by the Director; and/or (c) undertaking that the tree cutting work only occur under the supervision of an Arborist. By-law Number 5850-16 Permit Expiry Date Page 10 of 12 9.(8) The Director shall include an expiration date on any Permit being issued by Town, which shall not exceed one (1) year from the date of issuance, upon taking into account the work to be completed under the Permit and any third party or Town activities or interests that might be affected by the work. No Injury or Destruction activity is permitted pursuant to any Permit after the expiration date. 10. APPEALS 10.(1) Where the Director refuses to issue a permit, an Applicant may, within five (5) business days of the date of receipt of a written refusal, appeal the decision of the Director to the Council, or such other tribunal or committee designated by Council, by submitting a written request to the Town Clerk. 11. SEVERABILITY 11.(1) If a court of competent jurisdiction declares any provision, or any part of a provision, of this by-law to be invalid or to be of no force and effect, it is the intention of the Town in enacting this by-law that such provision or part of a provision shall be severable, and such a decision shall not affect the validity of the remaining sections, subsections, clauses or phrases of this by-law. 12. ENFORCEMENT Power of Entry — Inspection 12.(1) The Director and/or a Municipal Law Enforcement Officer may, at any reasonable time, enter on any land for the purpose of carrying out an inspection to determine whether or not the following are being complied with: (a) this by-law; (b) direction or order made pursuant to this by-law or the Act; (c) condition of a Permit issued under this by-law; or (d) an order made under section 431 of the Act. 12.(2) For the purposes of an inspection under subsection (1), the person conducting the inspection may: (a) require the production for inspection of documents or things relevant to the inspection; (b) inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; (c) require information from any person concerning a matter related to the inspection; and (d) 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. 12.(3) The Director and/or a Municipal Law Enforcement Officer may undertake an inspection pursuant to an order issued under section 438 of the Act. 12.(4) Submission of an Application is deemed to be a consent of the Owner for persons designated as an inspector by the Canadian Food Inspection Agency, pursuant to the Plant Protection Act, S.C. 1990, c. 22, as amended, or successor thereto, to inspect the lands subject to the Application for the presence of pests (as defined in the said legislation) and to take any and all action deemed appropriate by such an inspector, including the removal of any By-law Number 5850-16 Page 11 of 12 Tree(s) on such private property of the Owner, in accordance with the said legislation. Contravention Orders 12.(5) Where the Director or any Municipal Law Enforcement Officer is satisfied that a contravention of this by-law or a Permit has occurred, such Director or Municipal Law Enforcement Officer may make an order requiring that the person who caused or permitted such contravention or the Owner or occupier of the land on which the contravention occurred to discontinue the contravening activity and/or to do work to correct the contravention. 12.(6) An order pursuant to subsection (5) shall set out the following: (a) the municipal address and/or the legal description of the land or property on which the contravention occurred; (b) reasonable particulars of the contravention; (c) what is required of the person subject to the order (i.e., what activity is to be seized and/or actions or work to be done); (d) the date by which there must be compliance with the order and/or, if any work is ordered, the date by which any such work must be done; (e) if any work is required to be done, a statement that if such work is not done in compliance with the order and within a specified time period, the Town will have the work done at the expense of the person directed or required to do it; and (f) information regarding the Town's contact person. 12.(7) An order issued pursuant subsection (5) may be served: (a) personally on the person that is subject to the order; or (b) by sending it by prepaid registered mail to the last known address of the Owner or occupier of the land on which the contravention occurred or, if the person subject to the order is not the Owner or occupier, to the last known address of such person subject to the order. 12.(8) Where service of an order is made by registered mail, the service shall be deemed to have been made on the fifth (5th) day after the day of mailing. 12.(9) In the event that service of an order cannot be effected under subsection (7), the Director or a Municipal Law Enforcement Officer may place a placard containing the terms of the order in a conspicuous place on the property subject to the order and the placing of the placard shall be deemed sufficient service of the order on the Owner and/or occupier of such subject property. 12.(10) Wherever this by-law or an order issued under this by-law directs or requires any matter or thing to be done by any person within a specified time period, in default of it being done by the person directed or required to do it, the action may be taken under the direction of Director or a Municipal Law Enforcement Officer at that person's expense and the Town may recover the costs incurred through a legal action or by recovering the costs in the same manner as taxes. 12.(11) For the purposes of taking remedial action under subsection (10), the Town, its staff and/or its agents may enter, at any reasonable time, upon any lands on which a default to carry out a required thing or matter occurred. 13. OFFENCES 13.(1) Any person who contravenes any provision of this by-law or an order issued pursuant to this by-law or the Act, or fails to comply with an order issued pursuant to this by-law or the Act, is guilty of an offence. By-law Number 5850-16 Page 12 of 12 13.(2) Pursuant to paragraph (a) of subsection 429(2) of the Act, all contraventions of this by-law or of orders issued under this by-law are designated as multiple offences and continuing offences. A multiple offence is an offence in respect of two (2) or more acts or omissions each of which separately constitutes an offence and is a contravention of the same provision of this by-law. For greater certainty, when multiple Trees are Injured or Destroyed, the Injury or Destruction of each Tree is a separate offence. 14. PENALTIES 14.(1) Upon conviction of an offence under this by-law a person is liable to a fine as follows: (a) a minimum fine for any offence under this by-law is five -hundred dollars ($500.00) and the maximum fine is one -hundred -thousand dollars ($100,000). (b) in the case of a continuing offence, for each day or part of a day that the offence continues, the minimum fine shall be five -hundred dollars ($500.00) and the maximum fine shall be ten -thousand dollars ($10,000.00). Despite paragraph (a), the total of all the daily fines for an offence is not limited to one -hundred -thousand dollars ($100,000). (c) in the case of a multiple offence, for each offence included in the multiple offence, the minimum fine shall be five -hundred dollars ($500.00) and the maximum fine shall be ten -thousand dollars ($10,000.00). Despite paragraph (a), the total of all fines for each included offence is not limited to one -hundred -thousand dollars ($100,000). 14.(2) In addition to fine under subsection (1), a person convicted of an offence under this by-law may be liable to a special fine in the amount of the economic advantage or gain that such a person obtained from the contravention of this by-law. 15. REPEAL 15.(1) By-law Number 4474-03.D, as amended, is hereby repealed on the day of this by-law coming into full force and effect. 16. SHORT TITLE 16.(1) This by-law shall be known and may be cited as the "Private Tree Protection By-law". 17. EFFECTIVE DATE 17.(1) This by-law comes into full force and effect on May 24, 2016. READ A FIRST AND SECOND TIME THIS 24th DAY OF MAY, 2016. READ A THIRD TIME AND FINALLY PASSED THIS 24th DAY OF MAY, 2016. r AByLc ars to 3orm EOFFREY DAWE MAYOR `I�J.��:��� �,r-vices � siswture Date: LISA L ONS, TOWN CLERK