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Being a By-law of the Corporation of the Town of Bradford West Gwillimbury to regulate the filling up and cleaning drainage easement swales and the altering, relaying or repairing of private drains and swales.
WHEREAS Section 210, paragraph 80 of the Municipal Act, R.S.O. 1990, Chapter M.45 provides that by-laws may be passed by the councils of local municipalities for requiring and regulating the filling up, draining, cleaning, clearing or any grounds, yard and vacant lots and the altering, relaying or repairing of private drains;
AND WHEREAS Bill 51, An Act respecting the Restructuring of the County of Simcoe received Royal Assent on December 14, 1993;
AND WHEREAS the Council of the Corporation of the Town of Bradford West Gwillimbury deems it necessary and expedient to enact a By-law for the maintenance and repair of drainage works on private property;
NOW THEREFORE the Council of the Corporation of the Town of Bradford West Gwillimbury enacts as follows:
| 1. Definitions |
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Definitions for the purpose of this By-law: (a) “Chief Building Official” means the Chief Building Official appointed by Council. (b) “Council” means the elected Council of the Corporation of the Town of Bradford West Gwillimbury. (c) “Drains” means the diversion of altering the grade; filling in of swales; or funneling, collecting or discharge of water. (d) “Inspector” means a person assigned the responsibility of administering and enforcing this By-law. (e) “Owner” includes an assessed owner, tenant, occupant or any person having an interest whether equitable or legal in the land. (f) “Person” means any human being, association, firm, partnership, private club, incorporated company, corporation, agent or trustee and their heirs, executors, or other legal representatives of a person to whom the context can apply according to the By-law. (g) “Private drain” means a drain or sewer or part thereof situate on private property. (h) “Swale” means an impression in the ground of at least 6 inches (“) deep to collect water and run off to a specific point. (i) “Town” means the Corporation of the Town of Bradford West Gwillimbury. |
| 2. Offence |
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2.1. No person or owner shall obstruct any private drains or swales on private or municipal property. |
| 3. Requirements |
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3.1. Every owner shall maintain any ground, yard or vacant lots. 3.2. Every owner that fills up a drain or swale that obstructs the flow of water shall remove such obstruction. 3.3. Every owner shall keep in good repair private drains and swales. 3.4. Every owner shall not alter, but shall relay or repair the private drain and swales as may be required by the Chief Building Official. 3.5. Every owner shall provide for the removal of any fill or other materials from his or her land or buildings, as required by this By-law. |
| 4. Notice |
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The Chief Building Official or an Inspector may by notice sent by registered mail served on the owner of the land or structure, require the owner, within thirty (30) days or as otherwise specified by the Chief Building Official, to do the work required under this By-law. 1) The notice shall specify the work to be done, the time within the work shall be done, and identify the drain or swale that is to be repaired. 2) The notice to an owner shall be sent to the address shown on the last revised assessment roll or to the last known address. 3) The notice shall contain a statement to the effect that if the work shall not have been completed within the time and in the manner specified in the notice, the work shall be done under the direction of the Town at the expense of such owner and the cost thereof shall be recovered by action, or in a like manner as municipal taxes. 4) An extension of the time limit specified in the notice may be approved in writing by the Chief Building Official. |
| 5. Default of Completing Work |
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Where the owner is in default of doing the matter or thing required to be done under this By-law, upon notice being given to the owner of any property, the Town may have the word done, and the Town shall recover the expense in doing so by action, or in a like manner as municipal taxes. |
| 6. Inspections |
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The Municipal Law Enforcement Office, Police Officer or other person appointed for the purpose of enforcing this By-law: (i) Has the power to enter upon and examine any yards, vacant lots, grounds or building, other than dwelling, at any reasonable time or times, and (ii) may be accompanied by such other person or persons as they deem necessary to properly carry out their duties under this By-law. |
| 7. Other Legislation |
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If this By-law conflicts with the provisions of any other By-law of the County of Simcoe, the provisions of that By-law prevail to the extent of the conflict. |
| 8. Validity and Severability |
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Should and section, sub-section, clause, paragraph or provision of this By-law be declared by a court of competent jurisdiction to be invalid or unenforceable, the same shall not affect the validity or enforceability of any other provisions of this By-law or of the By-law as a whole. |
| 9. Penalty |
| Every person who contravenes any provision of this By-law is guilty of an offence and liable upon conviction to a penalty not exceeding $5,000.00, exclusive of costs and the provisions of the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended, shall apply to the said fine. |
| 10. Repeal Section |
| That By-law 94-026 is hereby repealed. |
| 11. Short Title |
| This By-law shall be cited as the Cleaning Drains and Swales By-law. |
| 12. Force and Effect |
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This By-law shall come into full forces and effect upon the day of final passage thereof. By-law read a first, second and third time and finally passed this 19th date of December 1995. Original copy signed Original copy signed Clerk - Administrator Mayor |
| Schedule A - Set Fines |
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