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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 KITCHENER 650.1 OCTOBER 2013 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 OCTOBER 2013 650.2 KITCHENER 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. KITCHENER 650.3 OCTOBER 2013 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: OCTOBER 2013 650.4 KITCHENER 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. KITCHENER 650.5 OCTOBER 2013 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; OCTOBER 2013 650.6 KITCHENER 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; KITCHENER 650.7 OCTOBER 2013 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. OCTOBER 2013 650.8 KITCHENER 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. KITCHENER 650.9 OCTOBER 2013 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. OCTOBER 2013 650.10 KITCHENER