OFFICE CONSOLIDATION - JULY 1997

PUBLIC WELFARE

By‑law PW‑5

A by‑law to provide for the FILLING UP, DRAINING AND CLEANING OF LAND AND CLEARING LAND OF WASTE

BY-LAW INDEX

Part 1 DEFINITIONS

1.1 Definitions

Agricultural purposes - defined

City - defined

Cleared - defined

Composting - defined

Composting Container - defined

Discarded motor vehicle - defined

Domestic waste - defined

Industrial waste - defined

Land - defined

Owner - defined

Rubble - defined

Woodlot - defined

Part 2 GENERAL PROVISIONS

2.1 Administration - by Planning and Development Dept.

2.2 Land - filled uup - drained - owner responsibility

2.3 Excavations - filled - exception - enclosed by barrier

2.4 Water - exceeding 30 cm - drained - exception

2.5 Land - clean - cleared - free of waste

2.6 Dumping - prohibited - without lawful authority

Part 3 GENERAL PROHIBITIONS

3.1 Domestic waste - not cleared - from land - prohibited

3.2 Industrial waste - not cleared - from land - prohibited

3.3 Excavation - failure to enclose - prohibited

3.4 Water - 30 cm deep - failure to drain - prohibited

3.5 Private property - domestic waste - deposit on

3.6 Private property - industrial waste - deposit on

3.7 City property - domestic waste - deposit on

3.8 City property - industrial waste - deposit on

Part 4 EXEMPTIONS

4.1 Excavations - construction site - exemption

4.2 Swimming pools - natural bodies of water - exemption

4.3 Outdoor storage - lawful - exemption

4.4 City - dumping - disposal facilities - exemption

4.5 Agricultural lands - exemption

Part 5 ENFORCEMENT

5.1 Fine - for contravention

5.2 Continuation - repetition - prohibited - by order

5.3 Default - not remedied - done at owner’s expense

Part 6 REPEAL - ENACTMENT

6.1 By-law - previous

6.2 Effective date

WHEREAS paragraphs 80 and 135 of section 210 of the Municipal Act, R.S.O. 1990, c. M.45, as amended, authorize the Council to pass by‑ laws as follows:

80.              For requiring and regulating the filling up, draining, cleaning, clearing of any grounds, yard and vacant lots and the altering, relaying or repairing of private drains.

135.     For prohibiting, or regulating and inspecting the use of any land or structures within the municipality or any defined area or areas thereof for dumping or disposing of garbage, refuse or domestic or industrial waste of any kind.

 (a)       A by‑law under this paragraph,

 (i)        may establish a schedule of fees chargeable upon inspection of such  regulated land or structures,

 (ii)       may require the owners, lessees or occupants of such land or structures, at   the expense of the owners, lessees or occupants, to cease using such land or structures for such purposes, or to cover over any garbage, refuse, or domestic or industrial waste in any prescribed manner, whether or not such land or structures were so used before the passing of the by‑law,

 (iii)      may define industrial or domestic waste.

 (b)       by‑law under this paragraph does not apply to the use of any land or structure by a municipality.

AND WHEREAS section 220.1 of the Municipal Act, R.S.O. 1990, c. M-45, as amended by section 10 of Schedule M of the Savings and Restructuring Act, 1996 provides that the Council may by by-law impose fees for services and activities provided or done by or on behalf of The Corporation of the City of London;   (PW-5-97002)

THEREFORE the Municipal Council of the Corporation of the City of London enacts as follows

SHORT TITLE

CLEARING OF LAND BY‑LAW

Part 1 DEFINITIONS

1.1 Definitions

In this by‑law:

Agricultural purposes - defined

“Agricultural purposes” shall mean the land used for cultivating soil, producing crops and for the raising of livestock but does not include the portion of land used as a woodlot.  (PW-5-95001)

City ‑ defined

"City" shall mean The Corporation of the City of London.

Cleared ‑ defined

"cleared" includes the removal of weeds or grass more than 20 centimetres (8 inches) in height and the removal of stock piles of soil or other aggregate material not required to complete the grading of the lot on which the stock pile is located.

Composting - defined

“Composting” shall mean the biological degradation or breakdown of organic material into a dark soil-like material called humus.  (PW-5-95001)

Composting Container - defined

“Composting Container” shall mean the holding unit used to store yard, garden and household waste for the purpose of composting.  (PW-5-95001)

Discarded motor vehicle ‑ defined

"discarded motor vehicle" shall mean a vehicle which is unlicensed and which is in disrepair having missing parts including tires, or damaged or missing glass or deteriorated or removed parts which prevent its mechanical function.

Domestic waste ‑ defined

"domestic waste" shall mean any article, thing, matter or effluent belonging to or associated with a residence, household or dwelling unit and includes but is not limited to the following classes of waste material:

(a)        grass clippings, tree cuttings, brush, leaves and garden refuse;

(b)        paper, cardboard, clothing;

(c)        all kitchen and table waste, of animal or vegetable origin resulting from the preparation or consumption of food except any material of vegetable origin placed in a composting container;   (PW-5-95001)

(d)       cans, glass, plastic containers, dishes;

(e)        new or used material resulting from or for the purpose construction, alteration, repair or demolition of any building or structure;

(f)        refrigerators, freezers, stoves or other appliances and furniture;

(g)        furnaces, furnace parts, pipes, fittings to pipes, water or fuel tanks;

(h)        discarded motor vehicles, vehicle parts and accessories, vehicle tires mounted or unmounted on rims, mechanical equipment;

(i)         rubble, inert fill, fencing materials.

Industrial waste ‑ defined

"industrial waste" shall mean any article, thing, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture or concerning or relating to any trade, business, calling or occupation that appears to be waste material and includes but is not limited to the following classes of waste material:

(a)        piping, tubing, conduits, cable, fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable;

(b)        containers of any size, type or composition;

(c)        rubble, inert fill;

(d)       mechanical equipment, mechanical parts, accessories or adjuncts to mechanical equipment;

(e)        articles, things, matter, effluent which is whole or in part or fragments thereof are derived from or are constituted from or consist of,

(i)         agricultural, animal, vegetable, paper, lumber or wood products; or

(ii)        mineral, metal or chemical products;

whether or not the products are manufactured or otherwise processed;

(f)        bones, feathers, hides;

(g)        paper or cardboard packaging or wrapping;

(h)        material resulting from, or as part of, construction or demolition projects.

Land ‑ defined

"land" includes yards, vacant lots or any part of a lot which is not beneath a building.

Owner ‑ defined

"owner" includes lessee and occupant of the land.

Rubble ‑ defined

"rubble" includes broken concrete, bricks, broken asphalt, patio or sidewalk slabs.

Woodlot - defined

“Woodlot” shall mean an area of trees in excess of 0.2 hectares.  (PW-5-95001)

Part 2 GENERAL PROVISIONS

2.1 Administration ‑ by Planning and Development Dept.

This by‑law is administered by the Planning and Development Department of The Corporation of the City of London.

2.2 Land ‑ filled up ‑ drained ‑ owner responsibility

Every owner shall keep his land filled up and drained.

2.3 Excavations ‑ filled ‑ exception ‑ enclosed by barrier

Every owner shall fill in any excavation on the land unless it is enclosed completely by a barrier at least 107 centimetres (42 inches) in height.

2.4 Water ‑ exceeding 30 cm ‑ drained ‑ exception

Every owner shall drain land of accumulations of water that exceed 30 centimetres (12 inches) in depth unless it is completely enclosed by a barrier of at least 107 centimetres (42 inches) in height or such water constitutes a storm water management pond approved by the City.

2.5 Land ‑ clean ‑ cleared ‑ free of waste

Every owner shall keep his land cleaned, cleared and free from domestic and industrial waste.

2.6 Dumping ‑ prohibited ‑ without lawful authority

No person shall throw, place, dump or deposit domestic or industrial waste on private property or City property without lawful authority.

Part 3 GENERAL PROHIBITIONS

3.1 Domestic waste ‑ not cleared ‑ from land ‑ prohibited

No person shall, within the City of London, fail to clear land of domestic waste.

3.2 Industrial waste ‑ not cleared ‑ from land ‑ prohibited

No person shall, within the City of London, fail to clear land of industrial waste.

3.3 Excavation ‑ failure to enclose ‑ prohibited

No person shall, within the City of London, fail to enclose an excavation with a barrier at least 107 centimetres (42 inches) in height.

3.4 Water ‑ 30 cm deep ‑ failure to drain ‑ prohibited

No person shall, within the City of London, fail to drain an accumulation of water exceeding 30 centimetres (12 inches) in depth.

3.5 Private property ‑ domestic waste ‑ deposit on

No person shall, within the City of London, deposit domestic waste on private property without lawful authority.

3.6 Private property ‑ industrial waste ‑ deposit on

No person shall, within the City of London, deposit industrial waste on private property without lawful authority.

3.7 City property ‑ domestic waste ‑ deposit on

No person shall, within the City of London, deposit domestic waste on municipal property without lawful authority.

3.8 City property ‑ industrial waste ‑ deposit on

No person shall, within the City of London, deposit industrial waste on municipal property without lawful authority.

Part 4 EXEMPTIONS

4.1 Excavations ‑ construction site ‑ exemption

Section 2.3 of this by‑law does not apply to land on which construction is proceeding under a valid building permit.

4.2 Swimming pools ‑ natural bodies of water ‑ exemption

Section 2.4 of this by‑law does not apply to natural bodies of water or lawfully maintained swimming pools.

4.3 Outdoor storage ‑ lawful ‑ exemption

Sections 2.5 and 2.6 of this by‑law shall not apply to land which is lawfully used for outdoor storage of materials in compliance with the applicable zoning and licensing by‑laws and regulations.

4.4 City ‑ dumping ‑ disposal facilities ‑ exemption

Sections 2.5 and 2.6 of this by‑law shall not apply to land or structures designated by or operated by the City for the purpose of dumping or disposing domestic or industrial waste.

4.5 Agricultural lands ‑ exemption

This by‑law does not apply to any lands used for agricultural purposes.

Part 5 ENFORCEMENT

5.1 Fine ‑ for contravention

Any person who contravenes any provision of this by‑law is, upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offences Act.

5.2 Continuation ‑ repetition ‑ prohibited ‑ by order

The court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed on the person

convicted.

5.3 Default ‑ not remedied ‑ done at owner's expense

Where anything required to be done in accordance with this by‑law is not done, the Chief Building Official or persons designated by the Chief Building Official for The Corporation of the City of London appointed pursuant to the Building Code Act, may upon such notice as he deems suitable, do such thing at the expense of the person required to do it and, in so doing, may charge an administration fee of 15% of such expense with a minimum fee of $80.00; and such fee may be recovered by action or in like manner as municipal taxes.  (PW-5-97002) (PW-5-97003)

Part 6 REPEAL ‑ ENACTMENT

6.1 By‑law ‑ previous

By‑law P.W.‑206‑233 and all of its amendments are hereby repealed.

6.2 Effective date

This by‑law comes into force on May 15, 1994.

Passed in Open Council on November 15, 1993.

T.C. Gosnell

Mayor

K.W. Sadler

City Clerk

First Reading   -  November 15, 1993

Second Reading   -  November 15, 1993

Third Reading   -  November 15, 1993