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HomeMy WebLinkAboutCLD-16-03 ../ C!iJ!Jllgton REPORT MUNICIPAL LAW ENFORCEMENT DIVISION Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: April?,2003 Report #: CLD-16-03 File #: 165 0$- 45~o3 BY-law#~_a6 Subject: WEED CONTROL RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-16-03 be received; 2. THAT the by-law attached to Report CLD-16-03 be forwarded to Council for approval; and 3. THAT once passed, Staff be authorized to proceed to issue a tender for a contractor to perform the needed cutting services. SUbmi~ PLB*Lt;;;: ~~ _by. F nlnW. .f Chief Administrative Officer CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 1101 '0 '. REPORT NO.: CLD-16..Q3 PAGE 2 of3 BACKGROUND At the end of last year the Regional Works Department contacted the local municipalities and advised that as of 2003 the Regional Weed Inspector would be taking a very narrow interpretation of the Weed Control Act. In past years the Regional Inspectors have dealt with all calls involving noxious weeds. The Act sets a limit on the Inspectors' authority. The Act states that it applies to lands which directly impact agricultural or horticultural operations. It does not apply to vacant lands adjacent to subdivisions or residential or commercial lands. As a result the vast majority of calls for service which have traditionally gone to the Region would now have to be handled at the local level. The Weed Control Act deals specifically with noxious weeds on lands used for agricultural and horticultural purposes. Traditionally, the Region has dealt with all long grass and weed complaints. Staff have spoken to Michael Slocombe of the Durham Regional Works Department concerning their procedure for this year. Mr. Slocombe indicated that the Region will not be hiring a group of Inspectors as in previous years because of the anticipated reduction of calls to the Region. The remaining calls will have to be dealt with by the local municipalities. CURRENT ISSUES At present the Municipality of Clarington does not have a quick and effective means of dealing with weed complaints. Currently a weed issue would have to be treated as a Property Standards complaint. This would necessitate the issuance of an Order and the possibility of an appeal to the Property Standards Committee. In effect there would be a minimum of 21 days from the time of the complaint to the point where the Municipality could take corrective action. Clarington currently does not have a qualified weed inspector on staff. It is anticipated that the majority of complaints will continue to fall outside the scope of the Weed Control Act. The Region will retain one Weed Inspector to deal with complaints that are covered by the Act. 1102 REPORT NO.: CLD-16..Q3 PAGE 3 OF 3 COMMENT Staff are proposing a new lot maintenance by-law. The proposed by-law would allow municipal staff to deal with issues of long grass and weeds in general terms without relying on specific identification of the plants involved and whether or not they meet the provincial criteria of noxious. The Municipal Law Enforcement Officer will be able to order the property owner to clear long grass and weeds from his property within 96 hours (4 days) of receipt of a notice of violation. The new by-law can also be applied to situations for private drain pipes, ditches, holes or depressions. The by-law will not apply in areas of bio-sensitivity. These are designated in the Official Plan as Hazard Lands and are clearly indicated on map C of the Plan. Once the by-law is passed. staff will tender for a contractor to provide cutting services on an as needed basis. Enforcement of this by-law will be performed by the Municipal Law Enforcement Officers. Given the volume of calls on weed matters in recent years and other emerging duties for the Division there may be some delays as the system is perfected. The costs of enforcement of the by-law will be billed to the property owner and if unpaid may be collected in a manner like taxes. In the past the Region has charged a 50% administration fee for each bill. Each complaint that has to be enforced will require at least two site visits by the investigating officer as well as office time to prepare each notice. Staff are recommending that the administration fee be set at 25%, of the cost of clearing the property, in order to defray the costs of enforcement. ATTACHMENT: By-Law 1103 THE CORPORATION OF THE MUNICIPALITY OF CLARlNGTON BY-LAW NO. 2003 . 046 Being a by~aw to regulate the draining, cleaning and clearing of lands within the Municipality of Clarington and to repeal By-Law 90-160 being a By-law respecting the deposit of and retention of certain waste on lands in the former Town of Newcastle. WHEREAS the Municipality of Clarington may pass a by-law pursuant to the Municipal Act, .S.O. 2001, Chap. 25, for requiring and regulating the, draining, cleaning and clearing of any grounds, yards or vacant lots; and WHEREAS the Council of the Municipaiity of Clarington deems it expedient to pass a By- law to provide for maintaining lands in a filled up, clean and cleared up condition, NOW THEREFORE, the Council of The Corporation of the Municipality of Ciarington hereby enacts as follows: 1.0 DEFINITIONS "Debris" includes refuse, rubbish or material of any kind and without limiting the generality of the forgoing includes a vehicle that appears by reason of its appearance, mechanicai condition or iack of current licence plates to be Inoperative, inoperative mechanical equipment, automotive and mechanical parts, disused furniture, garden refuse, earth or rock fill, old or decayed lumber, or materiais from construction or demolition projects; "Expense" means the cost of carrying out the work to be done by the notice pursuant to Section 3.1 and a 25% administrative charge; "Liller" includes any material left or abandoned in a piace other than a receptacle or place intended, or approved for receiving such material; "Occupanr means any person who is in control of any grounds, yard or vacant lot; "Officer" means a Municipal Law Enforcement Officer appointed to enforce the By- laws of the Municipality of Clarington or other authorized body or agency having authority; "Owner" includes the person or persons identified in the most recent municipal assessment roll as the owner of the subject property; "Person" means an individual, firm, corporation, association or partnership; and "Premises" means any grounds. yard or vacant lot. 2.0 Every Owner or occupant shall keep his Premises drained of standing or stagnant water, clean or cleared up, and shall comply with any notice given by a Municipal Law Enforcement Officer pursuant to Section 3.1 of this by-law. 2.1 For the purposes of Section 2.1 "clean and cleared up" includes the trimming or cutting of weeds or grass more than 20 centimetres in height. 2.2 Provisions of the by-law shall not apply to lands designated as "Hazard Lands" on Map C of the Clarington Official Plan. 3.0 An Officer may, by notice, sent by registered mail to the Owner or Occupant of the Premises, or by posting the notice in a conspicuous place at the Premises, or by delivering the notice personally to the Owner or occupant, require the Owner or Occupant within 96 hours; a) To keep his private drainage pipes and drainage d~ches in repair; b) To clean, clear up or remove from the premises any debris, litter, weeds or grass; and c) To drain or fill up any hole, excavation or depression on the Premises. 3.1 A notice mailed to an Owner or Occupant shall be mailed to the address of the owner as shown on the last revised assessment roll or to the last known address of the owner. 4.0 Where the owner or occupant fails to comply with a notice issued pursuant to this by-law the municipality, in addition to other remedies, a) Shall have the right to carry out the work as required in the notice and for this purpose may, with its servants and agents from time to time, enter in and upon the property; and b) Shall not be liable to compensate such owner, occupant or other person having an interest in the property by reason of anything done by or on behalf of the municipality under the provisions of this by~aw. 4.1 Any Person who contravenes any provision of the by-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs, as prescribed by the Provincial Offences Act. 1105 , \~ . 5.0 Should any provision of the by~aw be declared by a court of competent jurisdiction to be void or ultra vires for any reason, the remaining provisions shall, nevertheless, remain valid and binding and the by-law shall be read as if the provision had been struck out. 6.0 By-law 90-160 of the former Town of Newcastie and its amendments are hereby repealed. 6.1 This By-law shall come into full force and effective immediately on the day of Final passing by Council. By-law read a first and second time this day of 2003. By-law read a third time and finally passed this day of 2003. MAYOR MUNICIPAL CLERK 106