HomeMy WebLinkAboutChapter 650 - Lot Maintenance PROPERTY MAINTENANCE
Chapter 650
LOT MAINTENANCE
Article I
INTERPRETATION
650.1.1 City- defined
650.1.2 Collectable waste- defined
650.1.3 Collection day- defined
650.1.4 Composting - defined
650.1.5 Discarded motor vehicle- defined
650.1.6 Domestic waste- defined
650.1.7 Land- defined
650.1.8 Owner- defined
650.1.9 Person- defined
650.1.10 Region - defined
650.1.11 Unlicensed- defined
650.1.12 Waste material - defined
650.1.13 Yard waste- defined
650.1.14 Municipal Law Enforcement Officer- defined
650.1.15 Grass - defined
Article 2
REQUIREMENTS -LAND
650.2.1 Land- filled- drained- clean - cleared
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LOT MAINTENANCE
650.2.2 Excavation - filled-unless enclosed
650.2.3 Active construction - exception
650.2.4 Land drained- maximum depth - exception
650.2.5 Barrier- minimum requirements
650.2.6 Cleared- defined
Article 3
STORING-DISPOSING-WASTE MATERIAL
650.3.1 Waste material - throwing - dumping -prohibited
650.3.1.1 Waste material - dumping - authority required
650.3.2 Waste material - land- kept clear of
650.3.3 Land- structure-use- for dumping -prohibited
650.3.4 Exceptions - designated land- outdoor storage
650.3.5 Collectable waste-regular collection
650.3.6 Storage-beyond collection day-prohibited
650.3.7 Containers - covered- secured- at all times
650.3.8 External garbage enclosure- maintenance
650.3.9 Motor vehicles - storing - salvaging -prohibited
650.3.10 Composting -requirements -restrictions
650.3.11 Composting -residential property- exception
Article 4
ADMINISTRATION
650.4.1 Director of Enforcement
650.4.2 Inspection -reasonable times - ensuring compliance
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650.1.1 LOT MAINTENANCE 650.1.4
Article 5
ENFORCEMENT
650.5.1 Owner- occupant- agent- duty
650.5.2 Non-compliance- work completed- owner's expense
650.5.3 Fine- for contravention
Article 6
SEVERABILITY
650.6.1 Severability
Article 7
REPEAL-ENACTMENT
650.7.1 Dumping -previous -by-law - Chapter
650.7.2 Lot clearing -previous -by-law- Chapter
Article 1
INTERPRETATION
650.1.1 City-defined
"City"means The Corporation of the City of Kitchener. By-law 89-62,24
April, 1989.
650.1.2 Collectable waste-defined
"collectable waste"shall have the meaning given to it in the definitions of the
Region's By-law 02-011 to prohibit and regulate the collection of waste.
650.1.3 Collection day- defined
"collection day"shall mean the day specified by the Region for collection of
collectable waste for the land. By-law 2013-098, 12 August,2013.
650.1.4 Composting-defined
"composting"means the natural decomposition of organic materials to pro-
duce humus in a compost container, pile, or digester. By-law 94-162, 26
September, 1994.
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650.1.5 LOT MAINTENANCE 650.1.12
650.1.5 Discarded motor vehicle- defined
"discarded motor vehicle"means a vehicle which is unlicensed and/or a ve-
hicle which is in disrepair,having missing parts,including tires,or damaged
or missing glass,or deteriorated or removed metal adjunctions which make
its normal use impossible.
650.1.6 Domestic waste-defined
"domestic waste"means any article,thing,matter or effluent belonging to or
associated with a residence,household or dwelling unit and,for greater cer-
tainty but not so as to restrict the generality of the foregoing,may include:
(a) all kitchen and table waste,of animal or vegetable origin,result-
ing from the preparation or consumption of food;
(b) grass clippings,tree and garden cuttings,brush and leaves;
(c) paper,cardboard,clothing;
(d) recyclable waste;
(e) cans,glass,plastic containers,dishes;
(f) garbage or refuse of a domestic nature.
650.1.7 Land-defined
"land"includes grounds,yards and vacant lots.
650.1.8 Owner-defined
"owner"means an occupant, owner or agent thereof.
650.1.9 Person-defined
"person"means and includes a corporation and a partnership and the heirs,
executors, administrators and other legal representatives of a person to
whom the context can apply according to law.
650.1.10 Region-defined
"Region"means The Regional Municipality of Waterloo.By-law 89-62,24
April, 1989.
650.1.11 Unlicensed- defined
"unlicensed"means the lack of a currently validated permit for the vehicle
affixed to a number plate displayed on a motor vehicle within the meaning of
the Highway Ti arc Pict, as amended.
650.1.12 Waste material- defined
"waste material"means any garbage,refuse, debris,litter, domestic waste
and,for greater certainty but not so as to restrict the generality of the forego-
ing includes,whether of any value or not,the following:
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650.1.13 LOT MAINTENANCE 650.2.3
(a) weighty or bulky materials such as stoves, refrigerators and
other such appliances, furniture, furnace parts,pipes,water or
fuel tanks;
(b) discarded motor vehicles, automotive parts, vehicle parts and
accessories, mechanical equipment, mechanical parts, un-
mounted tires, tires mounted on rims and mechanical
equipment;
(c) broken concrete,broken asphalt,patio/sidewalk slabs,bricks,
interlocking bricks,unused building materials,pallets;
(d) material resulting from or for the purpose of construction,alter-
ation,repair or demolition of any building or structure.By-law
90-95, 11 June, 1990.
650.1.13 Yard waste-defined
"yard waste" means grass clippings, tree and garden cuttings, brush and
leaves.
650.1.14 Municipal Law Enforcement Officer-defined
"Municipal Law Enforcement Officer"means a person appointed by Coun-
cil to administer and enforce this Chapter. By-law 94-162, 26 September,
1994.
650.1.15 Grass-defined
"grass" includes, but is not limited to, species commonly known as
Bluegrasses, Fescue grasses, Ryegrasses and Bentgrasses. By-law
2001-100,22 May,2001.
Article 2
REQUIREMENTS -LAND
650.2.1 Land-filled-drained-clean-cleared
Every owner of land shall keep the land filled up,drained,clean and cleared.
By-law 89-62,24 April, 1989.
650.2.2 Excavation-filled-unless enclosed
Every owner of land shall fill in any excavation on the land unless it is en-
closed completely by a barrier. By-law 89-62, 24 April, 1989; By-law
91-150,25 March, 1991.
650.2.3 Active construction-exception
Section 650.2.2 does not apply to work which is actively proceeding under a
construction or building permit.
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650.2.4 LOT MAINTENANCE 650.3.4
650.2.4 Land drained-maximum depth-exception
Every owner of land shall drain the land where water has accumulated to a
depth exceeding one foot at any point unless the area is enclosed by a barrier
or such water constitutes a storm water management pond approved by the
City.This Section does not apply with respect to swimming pools in compli-
ance with City of Kitchener By-law 88-5, [Kitchener Municipal Code,
Chapter 63 0]or any successor thereof,or permanent natural bodies of water.
650.2.5 Barrier-minimum requirements
For the purposes of this Article a barrier shall be at least five(5)feet high,
sufficient to make such excavation or accumulation of water inaccessible to
small children, notwithstanding the City of Kitchener By-law 88-5,
[Kitchener Municipal Code, Chapter 630]or any successor thereof.
650.2.6 Cleared-defined
For the purpose of Section 650.2.1,"cleared"includes the removal of weeds
or grass more than eight inches in height.By-law 89-62,24 April, 1989.
Article 3
STORING-DISPOSING-WASTE MATERIAL
650.3.1 Waste material-throwing-dumping-prohibited
No person shall throw, place, dump or deposit waste material on private
property and the property of the City and any local board thereof,without the
written authority of the owner. By-law 94-162,26 September, 1994.
650.3.1.1 Waste material- dumping- authority required
No person shall permit any person to throw,place,dump or deposit waste
material on private property and the property of the City and any local board
thereof,without the written authority of the owner.By-law 2001-19,29 Jan-
uary,2001.
650.3.2 Waste material-land-kept clear of
Every owner of land shall keep the land free and clear of all waste material of
any kind.
650.3.3 Land-structure- use-for dumping-prohibited
No person shall use any land or structure within the City for dumping or dis-
posing of waste material of any kind.By-law 89-62,24 April, 1989.
650.3.4 Exceptions-designated land-outdoor storage
Sections 650.3.2 and 650.3.3 do not apply to:
(a) land or structures operated by the Region for the purpose of
dumping or disposing of waste material;
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650.3.5 LOT MAINTENANCE 650.3.10
(b) land or structures designated by by-law of the City or the Re-
gion for the purpose of dumping or disposing of waste material.
By-law 97-94,3 June, 1997.
650.3.5 Collectable waste-regular collection
Notwithstanding Section 650.3.2, this Chapter does not prohibit an owner
from storing collectable waste on land in accordance with Sections 650.3.6,
650.3.7 and 650.3.8 of this Chapter.
650.3.6 Storage beyond collection day-prohibited
Every owner of land shall not permit collectable waste to be stored on the
land for a time extending beyond the next collection day.
650.3.7 Containers-covered-secured at all times
Where collectable waste is stored on land,it shall be stored in a suitable con-
tainer with a lid that is capable of being secured and that is kept secured
against access by insects,vermin,or animals and shall be stored in a manner
that does not permit offensive odors emanating from the collectable waste to
cause a nuisance. By-law 2013-098, 12 August,2013.
650.3.8 External garbage enclosure- maintenance
Every owner shall maintain each external garbage enclosure and/or external
garbage container in a clean and sanitary condition and in good repair.
By-law 91-150,25 March, 1991.
650.3.9 Motor vehicles-storing- salvaging-prohibited
No person shall use any land or structure in the City of Kitchener for storing
used motor vehicles for the purpose of wrecking or dismantling them or sal-
vaging parts thereof for sale or other disposal, except as provided in Re-
gional Municipality of Waterloo Consolidated By-law 31-75,as amended,
or any successor thereof.By-law 89-62,24 April, 1989.
650.3.10 Composting-requirements-restrictions
All composting shall be carried out by the owner of the land in accordance
with the following requirements:
(a) composting shall take place only in a container,pile or digester
and only on land on which a dwelling unit is located;
(b) composting shall takeplace to the rear of thebuilding line of the
land and shall be located at least one metre from any property
line and at least four metres from any dwelling unit,deck,patio
or outdoor living area associated with an adjacent property;
(c) a compost container and digester used for composting shall be
kept covered tightly at all times except when being emptied or
filled;
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650.3.11 LOT MAINTENANCE 650.4.1
(d) a compost container,pile or digester used for composting shall
not exceed two cubic metres in size;
(e) for multiple residential dwellings containing more than six
dwelling units,composting in a pile is prohibited;
(f) only yard waste shall be placed in a pile for composting;
(g) no human feces or other animal feces shall be placed in a com-
post container or digester used for composting;
(h) no offensive odour shall be permitted to emanate from the com-
post container,pile or digester used for composting;
(i) organic materials placed in a compost container shall be kept
covered with yard waste, soil or humus;
(j) composting shall be maintained so as to not attract insects,ver-
min or animals;and
(k) bones,meat,fish,dairy and fat products shall not be added to a
compost container but may be placed in a digester.
650.3.11 Composting-residential property-exception
Sections 650.3.2 and 650.3.3 do not apply to the carrying on of composting
at a residential property by the owner of such land,provided that such com-
posting is carried out in accordance with the requirements of Section
650.3.10.By-law 94-162,26 September, 1994.
Article 4
ADMINISTRATION
650.4.1 Director of Enforcement
The Director of Enforcement shall be responsible for the administration and
enforcement of this Chapter.By-law 94-162,26 September, 1994;By-law
95-97, 19 June, 1995;By-law 98-72, 15 June, 1998;By-law 2001-242, 10
December,2001.
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650.4.2 LOT MAINTENANCE 650.6.1
650.4.2 Inspection- reasonable times-ensuring compliance
For the purpose of ensuring compliance with the provisions of this Chapter,
the Director of Enforcement, a Municipal Law Enforcement Officer, the
Deputy CAO,Infrastructure Services,the City's Landscape Architect,the
Regional Medical Officer of Health,Regional Health Inspectors,the Chief
Fire Prevention Officer and any Fire Prevention Officer or any other person
acting under the instructions of the Director of Building may,at all reason-
able times,enter upon and inspect any land or structures where waste mate-
rial or composting is located or kept.By-law 95-97, 19 June, 1995.By-law
97-140, 15 September, 1997; By-law 98-72, 15 June, 1998; By-law
2001-242, 10 December,2001;By-law 2011-047,28 March,2011.
Article 5
ENFORCEMENT
650.5.1 Owner-occupant-agent-duty
Every occupant,owner of land and agent of an owner of land is jointly and
severally liable to ensure that the standards prescribed by this Chapter are
met.By-law 89-62,24 April, 1989.
650.5.2 Non-compliance-work completed-owner's expense
Where anything required to be done in accordance with this Chapter is not
done by the person directed or required to do it,Council directs that the mat-
ter or thing may be done under the direction of the Municipal Law Enforce-
ment Officer at the owner's expense,and the City may recover the expense
incurred in doing itby action or the expense may be recovered in like manner
as municipal taxes. By-law 2002-62, 18 March,2002.
650.5.3 Fine-for contravention
Every person who contravenes any provision of this Chapter is 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 Pict.By-law 89-62,24 April, 1989;By-law 91-150,25
March, 1991.
Article 6
SEVERABILITY
650.6.1 Severability
It is hereby declared that each and every of the foregoing provisions of this
Chapter is severable and that if any provisions of this Chapter should,for any
reason,be declared,invalid by any court,it is the intention and desire of this
Council that each and every of the then remaining provisions hereof shall re-
main in full force and effect.
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650.7.1 LOT MAINTENANCE 650.7.2
Article 7
REPEAL-ENACTMENT
650.7.1 Dumping-previous-by-law-Chapter
By-law 81-66-P and the contents of Chapter 627 are hereby repealed.
650.7.2 Lot clearing-previous-by-law-Chapter
By-law 73-24-P as amended by By-laws 73-93-P and 88-217 and the con-
tents of Chapter 650 are hereby repealed.By-law 89-62,24 April, 1989.
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