Standing and Stagnant Water By-Law 2003-053

1.     DEFINITIONS

For the purpose of this By-law:

1.1           "Costs" shall mean all monetary expenses incurred by the Town during and throughout the process of remedial action, including interest at a rate of 15% or such lower rate as determined by the Town commencing on the day the Town incurs the costs and ending on the day the costs, including interest, are paid in full, and may include an administrative surcharge amount as determined by the Town and may include the addition of all such monetary expenses, including all surcharges, to Municipal Taxes;

1.2       “Debris" shall mean any material whatsoever capable of holding water and without limiting the generality of the foregoing includes tires, cars, boats, containers of any kind and garden fixtures;

1.3       "Depression" shall mean any natural or man made condition on property that is capable of holding water for·more than four consecutive (4) days but does not include a municipally owned stormwater management facility;

1.4       "Health Risk" shall include but is not limited to actual or potential exposure to bacteria, virus, disease, toxins, and all similar or like conditions and includes the West Nile Virus;

1.5       “High Risk Area" shall mean and include but is not limited to standing and stagnant water present in those areas and places and all like and similar areas and places listed in SCHEDULE "A" attached hereto and forming part of this By­ law;

1.6       “Medical Officer of Health" shall mean and refers to the Medical Officer of Health for the Simcoe County District Health Unit;

1.7       “Natural Body of Water” shall mean and refer to a creek, stream, bog, marsh, river, pond or lake created by the forces of nature and which contains water;

1.8       "Officer" shall mean any Municipal By-Law Enforcement Officer, Property Standards Officer or any person appointed by the Town of Bradford West Gwillimbury;

1.9        “Owner" shall mean the person(s} that appear on the last assessment roll of the Town of Bradford West Gwillimbury and shall include the registered owner of a property, a lessee, tenant, mortgagee in possession or person otherwise in charge of the property, acting as the authorized agent of the owner;.

1.10   “Person” shall mean an  individual human being, a corporation, firm,partnership, unincorporated association or organization, their heirs, executors, assigns, administrators, agents, trustees or other legal representatives of a person with or without share capital, any association, firm, partnership or private club of a person to whom context can apply according to by law.

1.11   "Property”  shall mean any and all land within the Town of Bradford West Gwillimbury including buildings and structures, yards and vacant lots:

1.12   "Remedial Action" shall mean the correction or elimination of standing or stagnant water, including any such condition or health hazards actual or potential, that standing or stagnant water may pose;

1.13   "Remedial Work" shall mean all work necessary for the correction or elimination of standing or stagnant water, including any such condition or health hazard actual or potential, that standing or stagnant water may pose;

1.14   "Standing Water" shall mean any water, other than a natural body of water that exists on a permanent basis or contained within a municipally owned stormwater management facility, that is found either on the ground or in debris as defined in this by-law which includes but is not limited to water that is void of movement by either natural or artificial means and includes moisture;

1.15   "Stagnant Water" shall mean standing water and includes but is not Iimited to polluted, rancid, toxic, odorous and not fit for human use, and all similar and like conditions and includes health risks;

1.16   "Structure" shalI mean any building or accessory building on any property, or any part thereof, or any part of whole or any structure or building not actually used as a dwelling house;

1.17   “Town" shall mean the Corporation of the Town of Bradford West Gwillimbury, its employees and their agents, and person{s) accompanying them;

2.     Enforcement 

2.1               This By-Law shall be enforced by a Police Officer or Police Cadet of the South Simcoe Police Services, a Municipal By-Law Enforcement Officer, Property Standards Officer, Public Health Inspector, any employee of the Town of Bradford West Gwillimbury, agents, or any other officer appointed for the purposes of enforcing this By-Law.

2.2               If compliance herewith would be impractical, the provisions of  the By-law shall not apply to ambulance,  police and fire department vehicles and any vehicles while actually engaged in works undertaken for on behalf of the Town of Bradford West Gwillimbury, the federal or provincial government or any utility.

3.     Exercise of Power of Entry

3.1               Where the Town has a power of entry under the Municipal Aci, the power shall be exercised by any employee or agent of the Town who may be accompanied by any person under their direction.

4.     Identification 

5.     Entry onto Land

6.     Offences

6.1          No person shall keep a swimming pool, hot tub, wading pool, or artificial pond unless It is maintained in good repair and working condition.

6.2          No person shall permit a depression, excavation, swimming pool, hot tub, wading pool, artificial pond or debris located on his property to contain standing water for a period in excess of four (4) days.

6.3          No person owning a property in the Town of Bradford West Gwillimbury upon which a natural body of water exists shall, when advised by the Medical Officer of Health that a health hazard exists! not take the steps contained in any Order issued by the Medical Officer of Health to remedy the situation.  Not limiting the foregoing, such Order may include a direction to fill or drain off the body of water or the treatment of the same with a larvicide.

6.4          No person shall cause or permit standing or stagnant water on their property.

6.5          No person shall allow standing or stagnant water to remain on their property for a period in excess of four (4) days.

6.6          No person shall fail to correct standing or stagnant water on their property.

6.7          No person shall fail to eliminate standing or stagnant water on their property.

6.8     No person shall hinder, interfere_ with or otherwise obstruct, either directly or indirectly, any officer. employee of the Town in the lawful exercise of power or duties under this By-Law.

6.9      No person shall permit the accumulation of standing or stagnant water in a high risk area. 

7.     Municipality Not Liable 

7.1          The Town assumes no liability for property damage or personal injury resulting form remedial action or remedial work undertaken with respect to any person or property that is subject of this By-Law.

8.     Proof of Liability Insurance

8.1           All persons who may be privately contracted by the Town from time to time to perform remedial work shall first and prior to commencing any or all such remedial work duties, shall provide proof, in hard copy form, of a liability policy of their own possession in the amount of $2,000,000.00 to engage in remedial work duties. Proof of liability insurance as above shall be produced to the Treasurer before engaging in any or all remedial work; duties.

9.     General Provisions

9.1      That when a property is not maintained pursuant to the requirements of this By­ law, the Town shall send a Notice of Violation to the owner of the property requiring the owner to comply with the requirements of the By-Law within the time specified in the Notice ·.of Violation.

9.2     That Service of the Notice of Violation may be made by first class mailor may be delivered by hand to the address of the owner shown on the last assessment roll, and such service shall be deemed to be good and sufficient service of notice on the owner.

9.3       That whenever this By-Law directs or requires any work to be done pursuant to a Notice of Violation, in default of its being done by the person directed to do it, such work may be done by the Town or its agents at the expense of the person and the Town may recover all costs incurred in doing the work by adding the costs to the tax roll and collect them in the same manner as municipal taxes.

10.     Invoice for Costs Prior to Addition of Costs to Municipal Taxes

11.     Public Notice

11.1    The Town may, as it deems expedient, give notice of this By-Law from time to time in a newspaper having general circulation within the Town, identifying the by-law and its enforcement provisions.

12.     Conflicting Legislation 

12.1     Where there is any conflict between the provisions of this By-Law and the provisions of the Municipal Act, as amended, the provisions of the Municipal Act shall prevail to the extent of the conflict.

13.     Validity and Severability 

13.1           It is hereby declared that notwithstanding any section, subsections, clause, paragraph or provision of this By-law or parts thereof, be declared by a court of competent jurisdiction to be invalid, unenforceable, illegal  or beyond the powers of Council to enact, such section or sections or parts thereof shall be deemed to be severable and shall not effect  the validity or enforceability of any other provisions of the By-Law as a whole  or part thereof and all other sections of the By-Law shall be deemed to be separate and independent therefrom and enacted.

13.2           Whenever any reference is made in this By-Law to a statute of the Legislature of the Province of Ontario, such reference shall be deemed to include all subsequent amendments to such statute and all successor legislation to such statute.

14.    Penalty

14.1   Every person who contravenes any provisions of this By-Law is guilty of an offence and upon conviction is liable to the penalty pursuant to the provisions of the Provincial Offences Act, Revised Statutes of Ontario 1990, Chapter P.33, as amended.

15.     Short Title

15.1           This By-Law shall be cited as the STANDING AND STAGNANT WATER BY-LAW.

16.   Force and Effect

16.1           This By-Law shall take effect and become in full force and effect upon the day of third reading and passage thereof.

Read a first, second and third time and finally passed this 15^th day of July, 2003.

The Corporation of the Town of Bradford West Gwillimbury.

Original Copy Signed                                                 Original Copy Signed                   

Juanita Dempster-Evans, Clerk-Administrator               Frank Jonkman, Mayor