Melancthon Twp. Sludge Bylaw April/02
THE CORPORATION OF THE TOWNSHIP OF MELANCTHON
BY-LAW NO. - 2002
BIOSOLIDS BY-LAW
Background Recitals
1. This by-law is enacted pursuant to all the enabling provisions of the Municipal Act, R.S.O. 1990, c. M.45, the principal sections of which provide as follows:
102. Every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law.
210. By-laws may be passed by the councils of local municipalities:
140. For prohibiting and regulating public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances and the opinion of council, if arrived at in good faith, is not subject to review by any court.
172. For authorizing the pulling down or removal, at the expense of the owner, of any building or erection constructed, altered, repaired or placed in contravention of the by-law.
326. Where a council has authority to direct or require by by-law or otherwise that any matter or thing be done, the council may by the same or by another by-law direct that, in default of its being done by the person directed or required to do it, such matter or thing shall be done at the person's expense, and the corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes, or the council may provide that the expense incurred by it, with interest, shall be payable by such person in annual instalments not exceeding ten years and may borrow money to cover such expense by the issue of debentures of the corporation payable in not more than ten years.
2. This by-law is also enacted pursuant to all the enabling sections of the Environmental Protection Act, R.S.O. 1990, c. E.19, the principal sections of which provide as follows:
100. (1) Where a pollutant is spilled and causes or is likely to cause an adverse effect,
(a) a municipality;
(b) a regional municipality; and
(c) a person or a member of a class of persons designated by the regulations,
or any one or more of them, may do everything practicable to prevent, eliminate and ameliorate the adverse effects and to restore the natural environment.
(2) A municipality or regional municipality or a person or member of a class of persons designated by the regulations acting under subsection (1) or an employee or agent of any of them so acting has the rights of a person under section 95 and, if acting in good faith and in a reasonable manner, the immunity conferred on a person by section 98.
(3) A municipality or regional municipality or a person or a member of a class of persons designated by the regulations acting under subsection (1) must,
(a) co-ordinate efforts with;
(b) make use of the expertise of; and
(c) not impede,
a person carrying out a duty, order or direction under this Part.
(4) A municipality, a regional municipality or a person or member of a class of persons designated by the regulations has the right to compensation from the owner of the pollutant and the person having control of the pollutant for all reasonable cost and expense incurred in acting under subsection (1).
(5) The right to compensation under subsection (4) may be enforced by action in a court of competent jurisdiction.
(6) Where the right to compensation under subsection (4) arises, subsections 99 (6) to (14) apply with necessary modifications. R.S.O. 1990, c._E.19, s._100.
3. During the past several years biosolids have been applied to lands within the Township, without any input or regulation by the Township:
4. The Council of the Township has considered the documentation provided to Council by the Ministry of Environment in connection with biosolid applications within the Township;
5. The Council of the Township has considered the Guidelines for the Utilization of Biosolids and other Wastes on Agricultural Land, published by the Ontario Ministry of Agriculture, Food and Rural Affairs in connection with biosolids;
6. The Council of the Township has considered the legitimate expectations of the Township farming community to utilize biosolids in a safe manner;
7. The Township has participated in the development of AEMOT Groundwater Management Plan and Council has determined that groundwater resources in the Township are in need of protection;
8. The Aquifer Vulnerability Map attached to this by-law is based on data in the AEMOT Groundwater Plan as applicable to the Township, with the scale of the map configured for the purposes of this by-law to enable land use regulation;
9. The Council of the Township has conducted several public meetings in connection with biosolids and has received submissions from the public in connection with biosolids;
10. The Council of the Township has determined that while Certificates of Approval are required for the application of biosolids, stricter requirements are needed for the protection of the inhabitants of the Township;
11. The Council of the Township has, in good faith, determined that this by-law is required to protect the health, safety and welfare of the inhabitants of the Township;
NOW THEREFORE THE CORPORATION OF THE
TOWNSHIP OF MELANCTHON BY THE MUNICIPAL
COUNCIL THEREOF ENACTS AS FOLLOWS:
1. Definitions
For the purposes of this bylaw the following definitions shall govern:
(a) “Application Areas” means
(1) lands zoned General Agricultural in the comprehensive Township Zoning by-law (as amended from time to time),
(2) which are designated as Low Category of General Aquifer Vulnerability on the attached Schedule “A”, and
(3) for which there is an Environmental Farm Plan,
but which exclude areas that
(4) are tile drained
(5) are within 250 metres of a residence (whether on or off the lands)
(6) are within 1,000 metres of lands zoned Hamlet Residential, Small Lot Estate Residential, Commercial or Open Space Conservation in the comprehensive Township Zoning By-law (as amended from time to time) or in the similar zoning by-law of the neighbouring municipality
(7) are within 15 metres of drilled wells exceeding 15 metres in depth, with a watertight casing to depth of 6 metres
(8) are within 90 metres of any other wells
(9) are within 200 metres of a water body where the maximum sustained slope is less than 6% on the lands
(10) have a maximum sustained slope of 6% or greater
(11) are vertically within 1.5 metres of bedrock
(12) are vertically within 0.9 metres of the high ground water table
(13) consist of soils having a pH less than 6
or fit into any combination of the above categories.
(b) “biosolid” means waste that is predominantly organic in composition and has been treated by aerobic or anaerobic digestion, or other means of stabilization, and includes sewage residue from sewage works that are subject to the provisions of the Ontario Water Resources Act.
(c) “Certificate of Approval” means a valid, subsisting Certificate of Approval, issued under the Environmental Protection Act for the spreading of biosolids, in respect of the lands in question.
(d) “Council” means the council of The Corporation of the Township of Melancthon.
(e) “Environmental Farm Plan” means the document by that name developed and provided by the Ontario Ministry of Agriculture, Food and Rural Affairs, which has been completed by the applicant in accordance with the standards prescribed by the document, which has been the subject of peer reviews and which has been implemented in accordance with the peer reviews.
(f) “lands” includes lands covered by water.
(g) “maximum sustained slope” means the slope measured along the surface for a distance of 10 metres.
(h) “Melancthon” means The Corporation of the Township of Melancthon.
(i) “person controlling the lands” means all the persons exercising control. “Control” includes both legal or de facto control. “Person” includes principal, agent, employer and employee. The inclusion of one person does not mean the exclusion of another person. By way of example, the definition includes a mortgagee, receiver, trustee in bankruptcy and the person doing the actual physical work on the lands.
(j) “responsible person” means, jointly and severally, the owner of the lands on which biosolids have been spread or for which there is a Certificate of Approval, the person controlling the lands, the person spreading biosolids on the lands and the person allowing the spreading of biosolids on the lands.
(k) "restore the natural environment", when used with reference to the spreading of biosolids, means restore all forms of life, physical conditions, the natural environment and things existing immediately before the spreading of the biosolids that are affected or that may reasonably be expected to be affected by the biosolids, and "restoration of the natural environment", when used with reference to a spill of a pollutant, has a corresponding meaning. It is a part of the restoration to prevent, eliminate and ameliorate the adverse effects of the spreading of biosolids.
(l) “Township” means The Corporation of the Township of Melancthon.
(m) “water body” includes a natural watercourse, open municipal drain, pond, lake, spring, wetland, catch-basin, hickenbottom or other perforated pipe riser device to drainage tiles or closed-in municipal drains.
2. Finding of Public Nuisance
Council, acting in good faith, finds that the application of biosolids to lands in the Township is or could be a public nuisance.
3. Prohibition of Biosolid Application
(a) Except in Application Areas no person shall apply biosolids to lands in the Township.
(b) Except in Application Areas no owner, occupant or person controlling lands in the Township shall allow the application of biosolids to lands owned, occupied or controlled by the person.
(c) No person shall apply biosolids to lands in Application Areas without first filing with the Township a Certificate of Approval in connection with the proposed application, together with copies of all current supporting tests and reports underlying the Certificate of Approval, and the Farm Environmental Plan.
(d) No owner, occupant or person controlling lands in Application Areas shall allow the application of biosolids to lands in Application Areas without first filing with the Township a Certificate of Approval in connection with the proposed application, together with copies of all supporting tests and reports underlying the Certificate of Approval, and the Farm Environmental Plan.
4. Regulation of Biosolid Application
(a) In Application Areas no person shall apply biosolids or shall allow the application of biosolids, unless 14 days’ prior written notice of the actual date of the application of biosolids had been given to the owners and tenants of all lands within 2 kms of the application site. Proof of service of notice shall be filed with the Township at least seven days prior to the application of biosolids. The purpose of this provision is to allow neighbours to make pre-application tests of their property and water.
(b) No person shall apply biosolids or shall allow the application of biosolids from vehicles or containers which are standing or parked on public roads. All applications shall take place from vehicles or containers standing or parked on the property to which the biosolids are applied. The purpose of this provision is to prevent the application of biosolids over road ditches and water bodies.
(c) No person shall apply biosolids or shall allow the application of biosolids to lands that at the time of application are impervious, frozen, snow-covered or water saturated.
(d) No person shall apply biosolids or shall allow the application of biosolids to lands that at the time of application are used for root crops, vegetables or dairy or beef cattle grazing.
(e) No person shall apply biosolids or shall allow the application of biosolids to lands during precipitation.
(f) No person shall apply biosolids or shall allow the application of biosolids to lands during wind in excess of 20 kms/hr.
(g) No person shall apply biosolids or shall allow the application of biosolids to lands in excess of the quantities permitted by the Certificate of Approval.
(h) The person applying biosolids and the person allowing the application of biosolids shall work the biosolids into the lands within 12 hours of the application of biosolids.
5. Restoration of the Natural Environment
(a) Any person may apply to Council to require the responsible person to provide an environmental audit to determine if a restoration of the natural environment, including lands, water bodies and/or off-site lands and water bodies is required as a result of the spreading of biosolids in the Township.
(b) Council may refuse to hold a hearing on the person’s request and refuse the request.
(c) In the event that Council decides to hold a hearing on the person’s request, Council shall give written notice of the hearing to the applicant, the appropriate Conservation Authority, the responsible persons and every owner of property adjacent to the lands where biosolids have been applied, and Council shall hold a hearing pursuant to the provisions of the Statutory Powers Procedure Act and make a determination in regard to an environmental audit. The determination shall deal with the nature, type and extent of the audit (including the areas covered), and the financial responsibilities for the audit. Council shall make no determination against a person who was not given notice of the hearing.
(d) In the event the persons ordered to do so do not forthwith obtain the environmental audit and provide a copy to Council, Council may obtain one at the expense of the persons so ordered, and the total cost of such audit together with interest at 12% per annum shall be borne by the persons who were so ordered. The total amount shall be added to the tax bill of the lands whereupon such amount shall be conclusively deemed as tax arrears and may be collected in the same manner as tax arrears.
(e) After written notice as provided above, Council shall hold a hearing pursuant to the provisions of the Statutory Powers Procedure Act, and make a determination as to whether restoration of the natural environment should take place based upon the environmental audit. The determination shall decide on the need for the restoration, the restoration to be effected and the persons responsible for the work of restoration and the cost of restoration. In coming to a decision Council shall consider the original condition of the lands and water bodies, their current conditions and the expense and difficulty in the various degrees of restoration that may be ordered. Council shall make no determination against a person who was not given notice of the hearing.
(f) Council shall give written notice of its determination to the persons named in the determination.
(g) The persons required by the notice shall forthwith carry out the restoration in accordance with Council’s determination.
(h) If the persons required by the determination fail to comply with the determination, then the Township may without further notice undertake the work referred to in the determination and the total cost of such work including all professional and administrative fees together with interest at 12% per annum shall be borne by the person to whom notice was given. The total amount shall be added to the tax bill of the lands whereupon such amount shall be conclusively deemed as tax arrears and may be collected in the same manner as tax arrears.
(i) Sub-sections 5.(d), 5.(h) shall not limit the authority of the Township to collect the amounts in question in any other way authorized by law.
6. Offence
(a) Any person who contravenes Section s 3.(a), 3.(b), 3.(c), 3.(d), 4.(a), 4.(b), 4.(c), 4.(d), 4.(e), 4.(f), 4.(f), 4.(g), 4.(h), 5.(g) of this by-law shall be guilty of an offence and is subject to the provisions of the Provincial Offences Act.
(b) Each day that a person contravenes a provision of this by-law shall be deemed to constitute a separate offence.
7. General
(a) Where in this by-law the context so requires, words in the singular include the plural and words in the plural include the singular, and words importing the masculine gender include feminine and neuter gender.
(b) Any written notice shall be effective if given to the person at the address shown on the Township's assessment rolls, or the address otherwise provided to the Township by the person concerned, or the address on record with the Ministry of Environment, the Ministry of Consumer and Business Services or the address in any public telephone book. A written notice shall be given by pre-paid registered mail. The effective date of the notice shall be the third day after its mailing.
(c) Any portion of this by-law found to be invalid shall be severed, and the balance of the by-law shall be deemed to be valid and enforceable and shall construed without reference to the invalid portions.
PASSED IN OPEN COUNCIL THIS day of April, 2002
Clerk Reeve, Head of Council
By-Law read a first and second time this day of April, 2002
By-Law read a third time this day of April, 2002.
BY-LAW NO. - 2002
BIOSOLIDS BY-LAW
Background Recitals
1. This by-law is enacted pursuant to all the enabling provisions of the Municipal Act, R.S.O. 1990, c. M.45, the principal sections of which provide as follows:
102. Every council may pass such by-laws and make such regulations for the health, safety, morality and welfare of the inhabitants of the municipality in matters not specifically provided for by this Act and for governing the conduct of its members as may be deemed expedient and are not contrary to law.
210. By-laws may be passed by the councils of local municipalities:
140. For prohibiting and regulating public nuisances, including matters that, in the opinion of council, are or could become or cause public nuisances and the opinion of council, if arrived at in good faith, is not subject to review by any court.
172. For authorizing the pulling down or removal, at the expense of the owner, of any building or erection constructed, altered, repaired or placed in contravention of the by-law.
326. Where a council has authority to direct or require by by-law or otherwise that any matter or thing be done, the council may by the same or by another by-law direct that, in default of its being done by the person directed or required to do it, such matter or thing shall be done at the person's expense, and the corporation may recover the expense incurred in doing it by action, or the same may be recovered in like manner as municipal taxes, or the council may provide that the expense incurred by it, with interest, shall be payable by such person in annual instalments not exceeding ten years and may borrow money to cover such expense by the issue of debentures of the corporation payable in not more than ten years.
2. This by-law is also enacted pursuant to all the enabling sections of the Environmental Protection Act, R.S.O. 1990, c. E.19, the principal sections of which provide as follows:
100. (1) Where a pollutant is spilled and causes or is likely to cause an adverse effect,
(a) a municipality;
(b) a regional municipality; and
(c) a person or a member of a class of persons designated by the regulations,
or any one or more of them, may do everything practicable to prevent, eliminate and ameliorate the adverse effects and to restore the natural environment.
(2) A municipality or regional municipality or a person or member of a class of persons designated by the regulations acting under subsection (1) or an employee or agent of any of them so acting has the rights of a person under section 95 and, if acting in good faith and in a reasonable manner, the immunity conferred on a person by section 98.
(3) A municipality or regional municipality or a person or a member of a class of persons designated by the regulations acting under subsection (1) must,
(a) co-ordinate efforts with;
(b) make use of the expertise of; and
(c) not impede,
a person carrying out a duty, order or direction under this Part.
(4) A municipality, a regional municipality or a person or member of a class of persons designated by the regulations has the right to compensation from the owner of the pollutant and the person having control of the pollutant for all reasonable cost and expense incurred in acting under subsection (1).
(5) The right to compensation under subsection (4) may be enforced by action in a court of competent jurisdiction.
(6) Where the right to compensation under subsection (4) arises, subsections 99 (6) to (14) apply with necessary modifications. R.S.O. 1990, c._E.19, s._100.
3. During the past several years biosolids have been applied to lands within the Township, without any input or regulation by the Township:
4. The Council of the Township has considered the documentation provided to Council by the Ministry of Environment in connection with biosolid applications within the Township;
5. The Council of the Township has considered the Guidelines for the Utilization of Biosolids and other Wastes on Agricultural Land, published by the Ontario Ministry of Agriculture, Food and Rural Affairs in connection with biosolids;
6. The Council of the Township has considered the legitimate expectations of the Township farming community to utilize biosolids in a safe manner;
7. The Township has participated in the development of AEMOT Groundwater Management Plan and Council has determined that groundwater resources in the Township are in need of protection;
8. The Aquifer Vulnerability Map attached to this by-law is based on data in the AEMOT Groundwater Plan as applicable to the Township, with the scale of the map configured for the purposes of this by-law to enable land use regulation;
9. The Council of the Township has conducted several public meetings in connection with biosolids and has received submissions from the public in connection with biosolids;
10. The Council of the Township has determined that while Certificates of Approval are required for the application of biosolids, stricter requirements are needed for the protection of the inhabitants of the Township;
11. The Council of the Township has, in good faith, determined that this by-law is required to protect the health, safety and welfare of the inhabitants of the Township;
NOW THEREFORE THE CORPORATION OF THE
TOWNSHIP OF MELANCTHON BY THE MUNICIPAL
COUNCIL THEREOF ENACTS AS FOLLOWS:
1. Definitions
For the purposes of this bylaw the following definitions shall govern:
(a) “Application Areas” means
(1) lands zoned General Agricultural in the comprehensive Township Zoning by-law (as amended from time to time),
(2) which are designated as Low Category of General Aquifer Vulnerability on the attached Schedule “A”, and
(3) for which there is an Environmental Farm Plan,
but which exclude areas that
(4) are tile drained
(5) are within 250 metres of a residence (whether on or off the lands)
(6) are within 1,000 metres of lands zoned Hamlet Residential, Small Lot Estate Residential, Commercial or Open Space Conservation in the comprehensive Township Zoning By-law (as amended from time to time) or in the similar zoning by-law of the neighbouring municipality
(7) are within 15 metres of drilled wells exceeding 15 metres in depth, with a watertight casing to depth of 6 metres
(8) are within 90 metres of any other wells
(9) are within 200 metres of a water body where the maximum sustained slope is less than 6% on the lands
(10) have a maximum sustained slope of 6% or greater
(11) are vertically within 1.5 metres of bedrock
(12) are vertically within 0.9 metres of the high ground water table
(13) consist of soils having a pH less than 6
or fit into any combination of the above categories.
(b) “biosolid” means waste that is predominantly organic in composition and has been treated by aerobic or anaerobic digestion, or other means of stabilization, and includes sewage residue from sewage works that are subject to the provisions of the Ontario Water Resources Act.
(c) “Certificate of Approval” means a valid, subsisting Certificate of Approval, issued under the Environmental Protection Act for the spreading of biosolids, in respect of the lands in question.
(d) “Council” means the council of The Corporation of the Township of Melancthon.
(e) “Environmental Farm Plan” means the document by that name developed and provided by the Ontario Ministry of Agriculture, Food and Rural Affairs, which has been completed by the applicant in accordance with the standards prescribed by the document, which has been the subject of peer reviews and which has been implemented in accordance with the peer reviews.
(f) “lands” includes lands covered by water.
(g) “maximum sustained slope” means the slope measured along the surface for a distance of 10 metres.
(h) “Melancthon” means The Corporation of the Township of Melancthon.
(i) “person controlling the lands” means all the persons exercising control. “Control” includes both legal or de facto control. “Person” includes principal, agent, employer and employee. The inclusion of one person does not mean the exclusion of another person. By way of example, the definition includes a mortgagee, receiver, trustee in bankruptcy and the person doing the actual physical work on the lands.
(j) “responsible person” means, jointly and severally, the owner of the lands on which biosolids have been spread or for which there is a Certificate of Approval, the person controlling the lands, the person spreading biosolids on the lands and the person allowing the spreading of biosolids on the lands.
(k) "restore the natural environment", when used with reference to the spreading of biosolids, means restore all forms of life, physical conditions, the natural environment and things existing immediately before the spreading of the biosolids that are affected or that may reasonably be expected to be affected by the biosolids, and "restoration of the natural environment", when used with reference to a spill of a pollutant, has a corresponding meaning. It is a part of the restoration to prevent, eliminate and ameliorate the adverse effects of the spreading of biosolids.
(l) “Township” means The Corporation of the Township of Melancthon.
(m) “water body” includes a natural watercourse, open municipal drain, pond, lake, spring, wetland, catch-basin, hickenbottom or other perforated pipe riser device to drainage tiles or closed-in municipal drains.
2. Finding of Public Nuisance
Council, acting in good faith, finds that the application of biosolids to lands in the Township is or could be a public nuisance.
3. Prohibition of Biosolid Application
(a) Except in Application Areas no person shall apply biosolids to lands in the Township.
(b) Except in Application Areas no owner, occupant or person controlling lands in the Township shall allow the application of biosolids to lands owned, occupied or controlled by the person.
(c) No person shall apply biosolids to lands in Application Areas without first filing with the Township a Certificate of Approval in connection with the proposed application, together with copies of all current supporting tests and reports underlying the Certificate of Approval, and the Farm Environmental Plan.
(d) No owner, occupant or person controlling lands in Application Areas shall allow the application of biosolids to lands in Application Areas without first filing with the Township a Certificate of Approval in connection with the proposed application, together with copies of all supporting tests and reports underlying the Certificate of Approval, and the Farm Environmental Plan.
4. Regulation of Biosolid Application
(a) In Application Areas no person shall apply biosolids or shall allow the application of biosolids, unless 14 days’ prior written notice of the actual date of the application of biosolids had been given to the owners and tenants of all lands within 2 kms of the application site. Proof of service of notice shall be filed with the Township at least seven days prior to the application of biosolids. The purpose of this provision is to allow neighbours to make pre-application tests of their property and water.
(b) No person shall apply biosolids or shall allow the application of biosolids from vehicles or containers which are standing or parked on public roads. All applications shall take place from vehicles or containers standing or parked on the property to which the biosolids are applied. The purpose of this provision is to prevent the application of biosolids over road ditches and water bodies.
(c) No person shall apply biosolids or shall allow the application of biosolids to lands that at the time of application are impervious, frozen, snow-covered or water saturated.
(d) No person shall apply biosolids or shall allow the application of biosolids to lands that at the time of application are used for root crops, vegetables or dairy or beef cattle grazing.
(e) No person shall apply biosolids or shall allow the application of biosolids to lands during precipitation.
(f) No person shall apply biosolids or shall allow the application of biosolids to lands during wind in excess of 20 kms/hr.
(g) No person shall apply biosolids or shall allow the application of biosolids to lands in excess of the quantities permitted by the Certificate of Approval.
(h) The person applying biosolids and the person allowing the application of biosolids shall work the biosolids into the lands within 12 hours of the application of biosolids.
5. Restoration of the Natural Environment
(a) Any person may apply to Council to require the responsible person to provide an environmental audit to determine if a restoration of the natural environment, including lands, water bodies and/or off-site lands and water bodies is required as a result of the spreading of biosolids in the Township.
(b) Council may refuse to hold a hearing on the person’s request and refuse the request.
(c) In the event that Council decides to hold a hearing on the person’s request, Council shall give written notice of the hearing to the applicant, the appropriate Conservation Authority, the responsible persons and every owner of property adjacent to the lands where biosolids have been applied, and Council shall hold a hearing pursuant to the provisions of the Statutory Powers Procedure Act and make a determination in regard to an environmental audit. The determination shall deal with the nature, type and extent of the audit (including the areas covered), and the financial responsibilities for the audit. Council shall make no determination against a person who was not given notice of the hearing.
(d) In the event the persons ordered to do so do not forthwith obtain the environmental audit and provide a copy to Council, Council may obtain one at the expense of the persons so ordered, and the total cost of such audit together with interest at 12% per annum shall be borne by the persons who were so ordered. The total amount shall be added to the tax bill of the lands whereupon such amount shall be conclusively deemed as tax arrears and may be collected in the same manner as tax arrears.
(e) After written notice as provided above, Council shall hold a hearing pursuant to the provisions of the Statutory Powers Procedure Act, and make a determination as to whether restoration of the natural environment should take place based upon the environmental audit. The determination shall decide on the need for the restoration, the restoration to be effected and the persons responsible for the work of restoration and the cost of restoration. In coming to a decision Council shall consider the original condition of the lands and water bodies, their current conditions and the expense and difficulty in the various degrees of restoration that may be ordered. Council shall make no determination against a person who was not given notice of the hearing.
(f) Council shall give written notice of its determination to the persons named in the determination.
(g) The persons required by the notice shall forthwith carry out the restoration in accordance with Council’s determination.
(h) If the persons required by the determination fail to comply with the determination, then the Township may without further notice undertake the work referred to in the determination and the total cost of such work including all professional and administrative fees together with interest at 12% per annum shall be borne by the person to whom notice was given. The total amount shall be added to the tax bill of the lands whereupon such amount shall be conclusively deemed as tax arrears and may be collected in the same manner as tax arrears.
(i) Sub-sections 5.(d), 5.(h) shall not limit the authority of the Township to collect the amounts in question in any other way authorized by law.
6. Offence
(a) Any person who contravenes Section s 3.(a), 3.(b), 3.(c), 3.(d), 4.(a), 4.(b), 4.(c), 4.(d), 4.(e), 4.(f), 4.(f), 4.(g), 4.(h), 5.(g) of this by-law shall be guilty of an offence and is subject to the provisions of the Provincial Offences Act.
(b) Each day that a person contravenes a provision of this by-law shall be deemed to constitute a separate offence.
7. General
(a) Where in this by-law the context so requires, words in the singular include the plural and words in the plural include the singular, and words importing the masculine gender include feminine and neuter gender.
(b) Any written notice shall be effective if given to the person at the address shown on the Township's assessment rolls, or the address otherwise provided to the Township by the person concerned, or the address on record with the Ministry of Environment, the Ministry of Consumer and Business Services or the address in any public telephone book. A written notice shall be given by pre-paid registered mail. The effective date of the notice shall be the third day after its mailing.
(c) Any portion of this by-law found to be invalid shall be severed, and the balance of the by-law shall be deemed to be valid and enforceable and shall construed without reference to the invalid portions.
PASSED IN OPEN COUNCIL THIS day of April, 2002
Clerk Reeve, Head of Council
By-Law read a first and second time this day of April, 2002
By-Law read a third time this day of April, 2002.
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