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HomeMy WebLinkAboutCLD-027-03 ,,:,t Cl~_n REPORT CLERK'S DEPARTMENT Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: June 16, 2003 Report #: CLD-27-03 File #:):6 7 GPR- 2D3-c0 By-law #: [).Ct.g; - lot . Subject: WASTE AND LITTER BY-LAW RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report CLD-27 -03 be received; and 2. THAT the Waste and Litter By-law attached to Report CLD-27-03 be forwarded to Council for passage. Submitted by: (] ~ c2o-k Reviewed by: Franklin Wu, Chief Administrative Officer PLB*LC*ct CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVIL~El ~~TARIO L 1C 3A6 T 905-623-3379 F 905-623-6506 ~. REPORT NO.: CLD-27..Q3 PAGE 2 of 2 BACKGROUND In April of this year Council approved a new Lot Maintenance By-law. At the time By-law 2003- 046 was passed the Municipality's old Waste Material By-law 90-160 was rescinded. By-law 90-160 was over twelve years old and in need of revision. The proposed by-law is part of a two step process which, in conjunction with By-law 2003-046, will streamline the requirements of the old Waste Material By-law by removing some unnecessary verbiage and outdated procedures. The by-law sets out a separate category for "litter" as opposed to general "refuse". This will allow staff to apply to the Court for a separate fine amount for minor incidents of dumping. Serious dumping incidents can be dealt with more strictly and penalties can be much higher. In cases where the person responsible is known, the proposed by-law will allow the investigating officer to order that person to remove the refuse or litter from a property and legally dispose of it. In recent months staff has observed an increase in the number of complaints of garbage left at the curbside by the Municipal -Contractor. This had been a weak area of the old Waste Material By-law. The proposed by-law will require an owner/occupant to remove rejected material from the curbside by noon of the day following the collection day. The provisions of the Municipal Act, 2001 give the Municipality greater latitude to clear the property and charge the costs back to the owner. In those incidents where it is the property owner who has dumped or deposited refuse on their own land the officer may still elect to proceed by means of the Property Standards By-law to effect the clean up of the property. ATTACHMENT #1 Waste and Litter By-law 1112 r. THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON By-law 2003- Being a by-law to regulate the dumping, disposing and removing of refuse, debris, litter and other waste materials on lands within the Municipality of Clarington WHEREAS section 127 of the Municipa/ Act, 2001, S.O. 2001, c. 25 provides that local municipalities may pass by-laws to ciean and clear lands of refuse and debris and may prohibit the depositing of refuse and debris on land without the consent of the owner or occupant of the land; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON ENACTS AS FOLLOWS: 1. In this By-law the following definitions shall apply: "Costs" shall mean the actual cost of labour and materials incurred by the Municipality to clean and clear up a property pursuant to a direction issued by an Officer. Such costs shall include an administrative fee of 10% added to the invoiced cost "Litter" shall include but is not limited to scrap paper, bottles, cans, plastic or other containers, food containers and wrappers, paper and plastic bags. "Municipality" means the Municipality of Clarington. "Officer" means a Municipal Law Enforcement Officer of the Corporation of the Municipality of Claringlon. "Refuse" includes any garbage. debris, waste material or effluent that in the opinion of the officer, I. Appears to have been cast aside, discarded or abandoned; or II. Appears to be worthless, useless or of no practical value; or III. Appears to be used up in whole or in part or expended or worn out in whole or in part. 2.0 No person shall, throw, place or deposit refuse or littler on private property within the Municipality. 2.1 No person shall throw, place or deposit refuse or litter on Municipal property. 2.2 No person shall throw, piace or deposit refuse or litter on a public road allowance within the Municipality. 2.3 Notwithstanding Section 2.2 an owner/occupant of a premise may place refuse and recycling on public road allowance, out front of said premise. for municipal refuse collection provided it is not placed out any earlier than 6:00 p.m. on the day preceding collection day. 3.0 No person shall use any land or structures within the Municipality for the dumping, disposing or storage of any refuse or litter. 3.1 Every owner, lessee or occupant of property located within the Municipality shall clean and keep his land clear of all refuse and litter of every kind. 1 13 ~ 3.2 No person shall leave any items not oicked up by the municipal garbage collection contractor on the public road allowance any later than 12:00 noon on the day following the refuse collection day. 4.0 Upon receipt of a written complaint an officer may enter upon land at any reasonable time to inspect the land to determine whether the provisions of the by-law are being complied with. 4.1 Upon inspection of a contravention of this by-law an officer may direct the refuse or litter to be removed in a time and manner as specified by the officer. 4.2 Where a person has thrown, placed or deposited refuse or litter on any property, the Officer may order the person to remove and properly dispose of the material in a manner as directed by the Officer. 4.3 Where a person fails to remove any refuse or littler as directed by the Officer, the Municipality and its agents may, in addition to any other penalty, enter upon the land in question. at any reasonabie time and remove and dispose of the refuse. 4.4 In performing any work as required to bring the property into compliance, the Municipality and its agents shall not be liable to compensate such owner, lessee, occupant or other person having interest in the property by reason of anything done by or on behalf of the Municipality under the authority of this by-law. 4.5 The Municipaiity may recover the costs incurred for all work done pursuant to the direction of an officer issued under section 4.1 by action or by adding the costs to the tax roll and collecting the amount in the same manner as taxes. 5.0 If any section of this by-law is for any reason held to be invalid, the remaining sections shall remain in effect until repealed. 6.0 Every person who contravenes any provision of this By-law is guilty of an offence and shall, upon conviction be liable to punishment as provided under the Provincial Offences Act. By-law read a first and second time this 23rd day of June 2003. By-law read a third time and finally passed this 23rd day of June 2003. Mayor Municipal Clerk 1 4