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HomeMy WebLinkAboutChapter 650 - Lot Maintenance650.1 KITCHENER FEBRUARY 2024 PROPERTY MAINTENANCE Chapter 650 LOT MAINTENANCE Article 1 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' 650.1.16 Administrative penalty by-law – defined 650.1.17 Designated Provision – defined Article 2 REQUIREMENTS-LAND FEBRUARY 2024 650.2 KITCHENER 650.2.1 Land - filled - drained - clean - cleared 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 650.3 KITCHENER FEBRUARY 2024 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 650.5.4 Administrative Penalty By-law - application 650.5.5 Administrative Penalty By-law - notice of contravention 650.5.6 Provincial Offences Act 650.5.7 Non-payment 650.6.1 Severability Article 6 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. 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. 650.1.4 Composting - defined "composting" means the natural decomposition of organic materials to pro- duce humus in a compost container, pile, or digester. FEBRUARY 2024 650.4 KITCHENER 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 vehicle 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 certainty but not so as to restrict the generality of the foregoing, may include: (a) all kitchen and table waste, of animal or vegetable origin, resulting 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. 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 Traffic Act, 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: 650.5 KITCHENER FEBRUARY 2024 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- action, repair or demolition of any building or structure. 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 Council to administer and enforce this Chapter. 650.1.15 Grass - defined "grass" includes, but is not limited to, species commonly known as Bluegrasses, Fescue grasses, Ryegrasses and Bentgrasses. 650.1.16 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. 650.1.17 Designated provision – defined “designated provision” means any section of this Chapter designated in accordance with Article 5. Article 2 REQUIREMENTS-LAND 650.2.1 Land - filled - drained - clean - cleared Every owner ofland shall keep the land filled up, drained, clean and cleared. 650.2.2 Excavation - filled - unless enclosed Every owner ofland shall fill in any excavation on the land unless it is en- closed completely by a barrier. 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. FEBRUARY 2024 650.6 KITCHENER 650.2.4 LOT MAINTENANCE 650.3.4 650.2.4 Land drained - maximum depth - exception Every owner ofland 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 63OJ 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. 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. 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. 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. 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; 650.7 KITCHENER FEBRUARY 2024 650.3.5 LOT MAINTENANCE 650.3.10 (b) land or structures designated by by-law of the City or the Region for the purpose of dumping or disposing of waste material. 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. 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. 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. 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 take place to the rear of the building 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; FEBRUARY 2024 650.8 KITCHENER 650.3.11 LOT MAINTENANCE 650.4.2 (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. Article 4 ADMINISTRATION 650.4.1 Director of Enforcement The Director of Enforcement shall be responsible for the administration and enforcement of this Chapter. 650.4.2 Inspection - reasonable times - ensuring compliance For the purpose ofensuring 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. 650.9 KITCHENER FEBRUARY 2024 650.5.1 MAINTENANCE 650.6.1 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. 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 it by action or the expense may be recovered in like manner as municipal taxes. 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 Act. 650.5.4 Administrative Penalty By-law - application Articles 2 and 3 of this Chapter are hereby designated as parts of this Chapter to which the Administrative Penalty By-law applies. 650.5.5 Administrative Penalty By-law - 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. 650.5.6 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. 650.5.7 Non-payment Where a person has not paid the administrative penalty within 30 days in accordance with 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 650.5.5. 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. FEBRUARY 2024 650.10 KITCHENER 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 73-24-P, 15 January 1973; By-law 73-93-P, 12 March 1973; By-law 88-217-P, 17 October 1988; By-law 89-62, 24 April 1989; By-law 90-95, 11 June 1990; By-law 91-150, 25 March 1991; By-law 94-162, 26 September 1994; By-law 92-261, 23 November 1992; By-law 95-97, 19 June 1995; By-law 97-94, 3 June 1997; By-law 97-140, 15 September 1997; By-law 98- 72, 15 June 1998; By-law 2001-19, 29 January 2001; By-law 2001-100, 22 May 2001; By-law 2001-242, 10 December 2001; By-law 2002-62, 18 March 2002; By-law 2011-047, 28 March 2011; By-law 2013-098, 12 August 2013; By-law 2024-015, 22 January 2024.