By-law respecting site alteration
223.1(1)The council of a local municipality may pass by-laws, (a) prohibiting or regulating the placing or dumping of fill in any defined area or on any class of land; (b) prohibiting or regulating the alteration of the grade of land in any defined area or on any class of land; (c) requiring that a permit be obtained for the placing or dumping of fill or alteration of the grade of land in any defined area or on any class of land and prescribing fees for the permits; (d) requiring grading, filling or dumping plans acceptable to the municipality as a condition of issuing a permit; (e) prescribing conditions under which grading or the placing or dumping of fill may be carried out under a permit; (f) requiring that fill dumped or placed or grading carried out contrary to a by-law passed or permit issued under this section be removed by the person who dumped or placed it or who caused or permitted it to be dumped or placed. Classes (2)A by-law passed under clauses (1) (a) and (b) may establish different rules for different defined areas or classes of land or for different persons or classes of persons. Inspectors (3)A local municipality may designate one or more persons as inspectors for the purposes of this section and by by-law delegate to them such powers as are necessary to carry out the enforcement of this section, including issuing permits and setting out the conditions in the permits. Training (4)The municipality shall ensure that each inspector is properly trained to perform her or his duties and, if the inspector is not an employee of the local municipality, is supervised by an employee of the municipality. Certificate (5)The municipality shall issue a certificate of designation to every inspector. Power of entry (6)If a by-law under this section is in effect, an inspector may, during daylight hours and upon producing the certificate of designation, enter and inspect any land to which the by-law applies. Limitation (7)The power given under subsection (6) does not allow an inspector to enter any building. Assistants (8)An inspector may, in carrying out an inspection, be accompanied by an assisting person. Notice (9)If, after inspection, the inspector is satisfied that there is a contravention of a by-law passed under this section, he or she shall notify the owner of the land of the particulars of the contravention by personal service or prepaid registered mail and may, at the same time, provide all occupants with a copy of the notice. Order (10)After giving any person served with a notice under subsection (9) an opportunity to appear before the inspector and make representations in connection with it, the inspector may make an order setting out, (a) the municipal address or the legal description of the land; (b) reasonable particulars of the work to be done to correct the contravention and the period in which there must be compliance with the order; and (c) notice that if the work is not done in compliance with the order within the period it specifies the municipality may have the work done at the expense of the owner. Service (11)An order under subsection (10) shall be served personally or by prepaid registered mail. Mail (12)A notice or order under subsection (9) or (10) when sent by prepaid registered mail shall be sent to the last known address of the owner of the land. Placard (13)An inspector who is unable to effect service under subsection (9) or (11) shall place a placard containing the terms of the notice or order in a conspicuous place on the property, and the placing of the placard shall be deemed to be sufficient service of the notice or order on the owner. Work done by municipality (14)If the owner fails to do the work required by the order within the period it specifies, the municipality, in addition to all other remedies it may have, may do the work and for this purpose may enter on the land with its employees and agents. Creation of a lien (15)Costs incurred by the municipality under subsection (14) are a lien on the land upon the registration in the proper land registry office of a notice of lien. Amount of lien (16)The lien is in respect of all costs that are payable at the time the notice is registered plus interest accrued to the date payment is made. By-law ceases to have effect (17)A regulation made under clause 28 (1) (f) of the Conservation Authorities Act respecting the placing or dumping of fill in any area of the municipality supersedes a by-law passed under this section. 1994, c. 23, s. 56. By-law not applicable (18)A by-law passed under this section does not apply to, (a) the placing or dumping of fill or alteration of the grade of land by any municipality, local board as defined in the Municipal Affairs Act, Crown agency as defined in the Crown Agency Act and a transmitter or distributor as defined in the Electricity Act, 1998; or (b) activities or matters prescribed by regulation. 1994, c. 23, s. 56; 1998, c. 15, Sched. E, s. 19 (8). Conflicting by-laws (19)If there is a conflict between a by-law passed under this section and a by-law passed by an upper-tier municipality, the by-law of the upper-tier municipality prevails. Definition (20)In subsections (19) and (28), “upper-tier municipality” means a regional, metropolitan or district municipality and the County of Oxford and a county. Appeal (21)An applicant for a permit under clause (1) (c) may appeal to the Ontario Municipal Board, (a) where the applicant objects to a condition in the permit, within 30 days from the issuance of a permit; and (b) where the municipality refuses to or does not issue a permit within 45 days from the date the application is received by the clerk, within 30 days from the expiration of the 45 days. Order (22)The Ontario Municipal Board may make an order, (a) upholding the decision of the municipality; (b) requiring the municipality to vary any condition in a permit; or (c) requiring the municipality to issue a permit on such conditions as the Board considers appropriate. Decision final (23)The decision of the Board is final. Same (24)Sections 43 and 95 of the Ontario Municipal Board Act do not apply to a decision of the Board under subsection (22). Errors (25)The Board may, without a hearing, correct an error in a decision made under this section if the error is of a typographical, clerical or similar nature. Obstruction (26)No person shall obstruct an inspector who is carrying out an inspection under subsection (6) or a person carrying out work under subsection (14). Offence (27)Any person who contravenes subsection (26) is guilty of an offence. Agreements (28)The council of an upper-tier municipality may enter into an agreement with one or more local municipalities for the designation by the upper tier council of one or more inspectors for the administration of by-laws passed under this section by the local municipality or municipalities and for charging those municipalities the whole or part of the costs of the inspectors. Regulations (29)The Lieutenant Governor in Council may make regulations prescribing activities or matters to which by-laws under this section do not apply. 1994, c. 23, s. 56.