The URL can be used to link to this page

Home My WebLink AboutChapter 820 - Vehicles Tracking or Spilling Soil onto Public Streets and Construction Vehicles KITCHENER 820.1 FEBRUARY 2024 STREET Chapter 820 VEHICLES TRACKING OR SPILLING SOIL ONTO PUBLIC STREETS AND CONSTRUCTION VEHICLES Article 1 INTERPRETATION 820.1.1 Construction vehicle - defined; 820.1.2 Construction site - defined 820.1.3 Corporation - defined 820.1.4 Corporation's property - defined 820.1.5 Public street(s) - defined 820.1.6 Soil - defined 820.1.7 Services - defined 820.1.8 Administrative Penalty By-law - defined 820.1.9 Designated provision - defined Article 2 CONSTRUCTION SITE 820.2.1 Duty - of owner - occupier 820.2.2 Precautions - necessary - to be taken 820.2.3 Compliance - what constitutes 820.2.4 Vehicle - owner/occupier of property - vehicle carrying soil - public street 820.2.5 Vehicle - owner/driver of vehicle - vehicle carrying soil - public street 820.2.6 Vehicle - owner/occupier of property - excessive soil tracking 820.2.7 Vehicle - owner/driver - excessive soil tracking from abutting property Article 3 DEPOSIT - REPAIR OF SERVICES 820.3.1 Building permit - paid before issue CONSTRUCTION VEHICLES KITCHENER 820.2 FEBRUARY 2024 820.3.2 Refund - balance - other repairs 820.3.3 Unclaimed - for six years - disposition 820.3.4 Insufficient - payment required 820.3.5 No deposit - payment required 820.3.6 Cost recovery - cleaning public streets - vehicle carrying soil 820.3.7 Cost recovery - cleaning public streets - vehicle tracking soil 820.3.8 Set charge - cleaning public streets - Council Article 4 ENFORCEMENT 820.4.1 Default - deficit - charges 820.4.2 Contravention - Offence - Fine 820.4.3 Administrative Penalty - application 820.4.4 Administrative Penalty - notice of contravention 820.4.5 Provincial Offences Act 820.4.6 Non-payment Article 1 INTERPRETATION 820.1.1 Construction vehicle - defined “construction vehicle” means a vehicle delivering materials to or removing materials from lands on which any building is being erected, altered, repaired or demolished. 820.1.2 Construction site - defined “construction site” means lands on which any building is being erected, altered, repaired, or demolished. 820.1.3 Corporation - defined "corporation" shall mean The Corporation of the City of Kitchener. 820.1.4. Corporation’s property - defined "corporation's property" means the lands of the corporation abutting lands on which any building is being erected, altered, repaired, or demolished. 820.1.5 Public streets(s) - defined CONSTRUCTION VEHICLES KITCHENER 820.3 FEBRUARY 2024 "public street(s)" shall include any highway as defined by the Highway Traffic Act, R.S.O, 1990, c. H.8, that is within the City of Kitchener. 820.1.6 Soil - defined "soil" shall include any material commonly known as earth, dirt, topsoil, loam, subsoil, clay, sand, or gravel and any materials commonly used for landscaping or gardening purposes. 820.1.7 Services - defined "services" includes sidewalks, curbing, paved boulevards, water service box, and other services on the corporation's property. 820.1.8 Administrative Penalty By-law - defined “Administrative Penalty By-law” means the Administrative Penalty By-law of the City, as amended from time to time, or any successor thereof. 820.1.9 Designated provision - defined “designated provision” means any section of this Chapter designated in accordance with Article 4. Article 2 CONSTRUCTION SITE 820.2.1 Duty - of owner - occupier The owner and occupier of every construction site shall take all necessary steps to prevent building material, waste or soil from being spilled or tracked onto the public streets by vehicles going to or coming from the construction site during the course of the erection, alteration, repair or demolition of a building thereon. 820.2.2 Precautions - necessary - to be taken The payment of the deposit required by Section 820.3.1 of this Chapter does not relieve the owner of a construction site from taking, and the owner of every construction site shall take, all necessary precautions to prevent damage to services on the corporation’s property including, but not limited to: (a) the use of barricades around hydrants, trees, utility poles; (b) the use of planking to protect curbs, sidewalks and paved boulevard; (c) the restriction of loads to safe limits. By-law 87-339, 14 December, 1987. 820.2.3 Compliance - what constitutes An owner who has complied with directions given by the Director, Engineering Services in that behalf shall be deemed to have complied with Section 820.2.2. 820.2.4 Vehicle - owner/occupier of property – vehicle carrying soil - public street CONSTRUCTION VEHICLES KITCHENER 820.4 FEBRUARY 2024 Every owner and every occupant of a property shall ensure that any vehicle carrying soil to or from that property does so in a manner that prevents such material from being spilled or tracked onto any public street by the vehicle. 820.2.5 Vehicle - owner/driver of vehicle – vehicle carrying soil - public street Every owner and every driver of a vehicle shall ensure that if the vehicle is being used to carry soil to or from a property, it does so in a manner that prevents such material from being spilled or tracked onto any public street by the vehicle. 820.2.6 Vehicle - owner/occupier of property - excessive soil tracking Every owner and every occupant of a property shall ensure that vehicles leaving the property do not track excessive quantities of soil from that property onto public streets. 820.2.7 Vehicle - owner/driver - excessive soil tracking from abutting property Every owner and driver of a vehicle shall ensure that the vehicle does not track excessive amounts of soil onto public streets from abutting property. Article 3 DEPOSIT - REPAIR OF SERVICES 820.3.1 Building permit - paid before issue The owner of every construction site, shall, before the issue of any building permit for erection, alteration, repair or demolition of any building other than a residential building containing less than five dwelling units, thereon, pay a deposit calculated at the rate of $25 per metre frontage to meet the cost of repairing any services on the corporation’s property caused by the crossing thereof by construction vehicles and to meet the cost of removing any material or spilled onto any public street by vehicles going to or coming from such site, contrary to section 820.2.1 of this Chapter. 820.3.2 Refund - balance - other repairs Upon the completion of the erection, alteration, repair or demolition of a building on a construction site, upon which a deposit has been paid pursuant to Section 820.3.1 of this Chapter and upon application by the person by whom the deposit was paid, the amount by which the sum deposited exceeds the costs of repairs and street cleaning shall forthwith be refunded. 820.3.3 Unclaimed - for six years - disposition Any deposit money which remains unclaimed for six years shall be advertised and disposed of in accordance with subsection 5 (3) of the City of Kitchener Act, 1968. 820.3.4 Insufficient - payment required Where any deposit paid pursuant to this Chapter is insufficient to meet the costs charged against it, the owner shall forthwith pay the deficit to the City. 820.3.5 No deposit - payment required Where there is no deposit, the owner shall forthwith pay any sums that would have been CONSTRUCTION VEHICLES KITCHENER 820.5 FEBRUARY 2024 charged against a deposit, to the City. 820.3.6 Cost recovery – cleaning public streets - vehicle carrying soil Where soil is carried to or from a property and is spilled or tracked onto any public street, every owner of the property shall be responsible for the cost of cleaning the public street unless the owner(s) of the property can show that the material was carried to or from the property without consent of either an owner or an occupant of the property. 820.3.7 Cost recovery – cleaning public streets - vehicle tracking soil Where an excessive amount of soil is tracked by a vehicle from a property onto a public street, every owner of the property shall be responsible for the cost of cleaning the public street. 820.3.8 Set charge - cleaning public streets - Council The charge for cleaning a public street pursuant to section 820.3.6 or section 820.3.7 shall be as determined by Council from time to time. Article 4 ENFORCEMENT 820.4.1 Default - deficit - charges Upon default of property owner(s) to pay any deficit or charge required by this Chapter, the amount shall be added to the tax roll for the property and collected in the same manner as municipal taxes. 820.4.2 Contravention - Offence - Fine Every person who contravenes any provision of this Chapter shall be guilty of an offence and is liable upon conviction to a fine not exceeding Five Thousand Dollars ($5,000) exclusive of costs, for each offence, recoverable under the Provincial Offences Act, R.S.O. 1990, c. P.33. 820.4.3 Administrative Penalty - application Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 820.4.4 Administrative Penalty - notice of contravention Any person shall be liable to pay an administrative penalty and any administrative fees in accordance with the Administrative Penalty By-law, upon the issuance of a penalty notice for a contravention of this Chapter. 820.4.5 Provincial Offences Act The Provincial Offences Act continues to apply to the provisions of this by-law in addition to the designated provisions of this by-law. 820.4.6 Non-payment Where a person has not paid the administrative penalty within 30 days in accordance with CONSTRUCTION VEHICLES KITCHENER 820.6 FEBRUARY 2024 the Administrative Penalty By-law, the City may add the administrative penalty to the tax roll for any property for which the owner or owners are responsible for paying the administrative penalty under Section 820.4.4. By-law 87-339, 14 December 1987; By-law 97-140, 15 September 1997; By-law 2001-224, 26 November 2001; By-law 2007-166, 17 September 2007; By-law 2011-047, 28 March, 2011; By-law 2016-059, 16 May 2016; By-law No. 2024-015, 22 January 2024.