Lot Maintenance By-law (updated)

By-law number: 2026-56

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Being a By-Law to prohibit refuse and debris on private property.

1. Short title

1.1. This by-law shall be known as the “Lot Maintenance By-law”.

2. Definitions

2.1. "Art Mural" – shall mean a mural depicting a scene or theme for a designated surface and location that has been approved by the property owner and deliberately implemented for the purpose of beautifying the specific location.

2.2. "Buffer Strip" – shall mean a maintained area of land adjacent to a property line or street where natural vegetation is controlled in accordance with this by-law

2.3. "Boulevard" – shall mean the part of a municipal street allowance that is not used, or intended to be used, for vehicle travel by the public and is situated between the travel portion of the street and the adjoining property line.

2.4. “Building” shall mean an enclosed structure consisting of any combination of walls, roof and floor or a structural system serving the same function, including all associated works, fixtures and service systems but excluding an attached deck or unenclosed porch.

2.5. "County" - shall mean the Corporation of Norfolk County.

2.6. “Dwelling” – shall mean a building or part of a building used or intended to be used for human habitation containing one or more dwelling units.

2.7. “Farm” – shall mean the use of land, building or structure for agricultural purposes, such as, without limitation, the growing of crops, including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry and maple syrup production, but does not include Cannabis Production and Processing.

2.8. "Graffiti" - shall mean one or more letters, symbols, figures, etchings, scratches, inscriptions, stains, pictorial representations, messages, slogans or other markings, howsoever made, that disfigure or deface a building, structure or object, including but not limited to, a fence, retaining wall, pavement, vehicle and waste container, but does not include any of the following:

a sign, public notice or traffic control mark authorized by the County;
a sign authorized pursuant to a permit issued by the County's Sign By-law;
a sign, public notice or traffic control mark authorized by Provincial or Federal law.
an art mural.

2.9. "Industrial Waste" - shall mean any article, thing, refuse, matter or effluent belonging to or associated with industry or commerce or concerning or relating to manufacture, or any trade, business, calling or occupation, that appears to be waste material, which for greater certainty includes all garbage, discarded material or things, broken or dismantled things and materials or things exposed to the elements, deteriorating or decaying on the property due to exposure or the weather. Industrial waste includes but is not limited to the following classes of waste material

Piping, tubing, conduits, cable, fittings or other accessories, or adjuncts to the piping, tubing, conduits or cable;
Rubble, inert fill;
Mechanical equipment, mechanical parts, accessories or adjuncts to mechanical equipment;
Articles, things, matter, effluent which are derived from or constituted from or consist of,
- agricultural, animal, vegetable, paper, lumber or wood products:
- mineral, metal or chemical products;
Bones, feathers, hides;
Paper or cardboard packaging or wrapping;
Material resulting from, or as part of, construction or demolition projects;
unlicensed motor vehicle, inoperative vehicle, vehicle parts and accessories or adjuncts to the vehicles, vehicle tires mounted or unmounted on rims not contained in a legal salvage yard;

Industrial Waste as defined by this by-law does not cease to be industrial waste by reason only that it may be commercially saleable or recyclable.

2.10. “Inoperative Motor Vehicle” - includes but is not limited to a motor vehicle that:

is unable to be operated as a result of being dismantled, broken or incomplete, decayed or dilapidated, in particular with missing wheels, tires, body components, windows, or has one or more flat tires; or
does not have affixed to it a currently validated number plate as required under the Highway Traffic Act.

2.11. “Long Grass” – shall mean turfgrass exceeding 20 cm. (8”) in height or length.

2.12. "Motor Vehicle" - shall include an automobile, commercial motor vehicle, motorcycle, motor assisted bicycle and any other vehicle propelled or driven otherwise than by muscular power.

2.13. “Naturalized Vegetation” – shall mean vegetation that is intentionally or naturally established and managed in a non-manicured condition, and may include native or non-invasive grasses, wildflowers, meadow species, shrubs, and regenerating trees, but does not include:

cultivated agricultural crops
turfgrass
areas dominated by noxious weeds as defined in the Weed Control Act, 1990

2.14. "Officer" - shall mean a Municipal Law Enforcement Officer or other person appointed by the Council of the County for the purposes of enforcing county by-laws, and for the purposes of this by-law shall include the Ontario Provincial Police or any other law enforcement agency.

2.15. "Owner" - shall mean the person who owns the property and, for the purposes of this by-law, shall include any owner, occupant, tenant or lessee.

2.16. "Person" - shall include the owner as defined in section 2.15 of this by-law and may also include any individual, company, corporation, partnership, firm, trust, sole proprietorship, government or government agency, authority or entity, however constituted, joint venture, syndicate or any other legal entity, and includes all successors, assigns or other legal representatives of any such entities.

2.17. “Prohibited Plant Species” – shall mean any prohibited plant species as set out in Schedule A attached hereto;

2.18. "Property" - shall mean any parcel of land or registered water lot located within a Residential, Commercial, Institutional or Industrial zone, and shall include land within the Agricultural zone of 2.02 hectares (5 acres) or less and not actively used for normal farm use, including normal farm practices as defined by the Farming and Food Production Protection Act, 1998. Without limiting the generality of the foregoing, property shall mean lands and premises appurtenant to a building or structure but shall exclude any building or structure.

2.19. "Refuse" - shall include any unused or discarded material, thing or substance and, without limiting the generality of the foregoing, shall include, rubbish, junk, litter, discarded paper or paper products, unused or discarded materials of any kind, appliances, devices, apparatus, machinery, furniture, discarded clothing, construction materials, concrete, flagstone, gravel, asphalt, tires, unused motor vehicles or parts thereof, abandoned vehicles, inoperative motor vehicles, dead animals, old or decayed lumber, decayed trees, discarded trees, parts of trees and leaves or discarded organic materials that are not part of a compost program.

2.20. “Street” - shall mean a public highway or public road or an open road allowance owned and maintained by the County or the Province of Ontario. A street allowance shall be considered a street, but this definition shall not include a public or private lane or private right-of-way.

2.21. “Structure” - shall mean anything constructed or erected, the use of which requires location on or in the ground or attached to something having location on or in the ground but excluding an underground servicing facility.

2.22. “Turfgrass” – shall mean ground cover of various perennial grasses grown for lawns of a type that forms a dense, uniform turf when mown.

2.23. “Vacant Lot” – shall mean any parcel of land that does not contain a principal dwelling or other principal building in lawful use, and is not actively used for agricultural production, and includes lands that are undeveloped or not maintained for a lawful non-residential use permitted under the applicable zoning by-law.

2.24. "Vehicle" - shall include a motor vehicle, trailer, recreational vehicle, camper, all-terrain vehicle, boat, watercraft, and a vehicle drawn, propelled or driven by any kind of power, including a motorized snow vehicle.

3. General provisions

3.1. Every person shall keep their property in a clean condition, and without limiting the generality of the foregoing, shall keep the property free of refuse, industrial waste, inoperative motor vehicles, graffiti, long grass and prohibited plant species.

3.2. Every person shall keep their property free from objects or conditions that are likely to create a health, fire or safety hazard.

3.3. Every owner of property abutting a street shall ensure that the boulevard abutting the owner's property is kept clear of any and all refuse, long grass, prohibited plant species and inoperative motor vehicles.

3.4. Every owner of property abutting a street shall ensure that the boulevard abutting the owner's property is kept clear of any and all refuse, long grass, prohibited plant species and inoperative motor vehicles.

3.5. The occupant of a residential property may provide for a compost heap, provided that the compost pile covers an area no larger than 1 sq m (10 sq. ft), not more than 1.8m (6’) in height and is enclosed on all sides by concrete block or lumber or is in a container, or an enclosed commercial plastic container designed for composting.

3.6. Every owner of property shall clean the exterior of any building, structure, or object on their property to remove graffiti.

4. Exemptions

4.1. Section 3.1 of this by-law shall not apply to property which is lawfully used for outdoor storage of materials in compliance with the applicable zoning and licensing by-laws and regulations.

4.2. This by-law shall not apply to lands or property owned, occupied or under the care and control of the County.

5. Enforcement

5.1. This by-law shall be enforced by an officer.

5.2. An officer shall determine what constitutes a health, fire, or safety hazard.

5.3. Where an officer is satisfied that a property is not maintained in compliance with the provisions of this by-law, the officer may make an order or written direction to the owner, directing that the property be brought into compliance with the requirements of this by-law within a reasonable and defined time period, but such time period shall not be less than seventy-two (72) hours from date of the order or direction, save and except that which constitutes a safety, health or fire hazard.

5.4. The determination of a reasonable and defined time in which to comply with expected complex and/or time-consuming clean-up matters shall be at the discretion of the officer or the Manager of By-Law Services or designate.

5.5. An order or written direction shall contain the reasonable particulars of the contravention, the work to be completed, and the date or dates by which the work must be completed.

5.6. Said order or written direction may be served:

by regular mail to the last known address of the owner or occupant of the property where the contravention occurred; or
by an officer posting the order in a conspicuous place on the property; or
personally, on the owner or occupant of the property where the contravention occurred.

5.7. In the case of an immediate health, fire or safety hazard, an officer may direct that the said hazard be removed forthwith, without the order or direction as described in section 5.3.

5.8. Any employee, officer or agent of the County may enter upon property at any reasonable time for the purpose of carrying out an inspection to determine whether the following are being complied with:

This by-law;
A direction or order made under this by-law;
A prohibition order made under s. 431 of the Municipal Act, 2001

5.9. An officer may, for the purposes of the inspection under section 5.8,

require the production for inspection of documents or things relevant to the inspection;
inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts;
require information from any person concerning a matter related to the inspection;
alone or in conjunction with a person possessing special or expert knowledge, make examinations or take tests, samples or photographs necessary for the purposes of the inspection.

5.10. Any cost incurred by the County in exercising its authority to inspect under 5.9 (d), including but not limited to the cost of any examination, test, sample or photograph necessary for the purpose of the inspection, shall be paid by the owner of the property where the inspection takes place.

6. Offences and Penalties

6.1. Every person who contravenes this by-law or fails to comply with an order made under this by-law is guilty of an offence and upon conviction is liable to a fine or penalty as provided for in the Provincial Offences Act, R.S.O. 1990, as amended.

6.2. Every person who hinders or obstructs an officer exercising a power or performing a duty under this by-law is guilty of an offence and upon conviction liable to a fine or penalty as provided for in the Provincial Offences Act, R.S.O. 1990, as amended.

7. Administration

7.1. Where any person has failed to comply with the provisions of this by-law or fails to comply with an order or direction made under this by-law, the County or its agents may enter upon the property at any reasonable time to perform the required work at the person's expense. The County may recover the costs from the person ordered, directed or required to do it by action or by adding the costs to the tax roll and collecting them in the same manner as property taxes. Such costs shall include any administration fees or accrued interest as authorized under a by-law of the county.

7.2. Where a vehicle has been removed, impounded, restrained or immobilized according to Section 170(15) of the Highway Traffic Act, R.S.O. 1990, as amended, in violation of this by-law, all costs associated with the removal, impoundment, restraining or immobilization will be the responsibility of the registered owner of the vehicle.

8. Severability

8.1. If a court or tribunal of competent jurisdiction finds any part of this by-law illegal or unenforceable, that part shall be severed, and the remainder of the by-law shall continue in force.

9. Repeal

9.1. That Norfolk County By-law 2022-47 is hereby repealed, save and except that by-law 2022-47 will continue in full force and effect with respect to all notices, directions, orders, proceedings and things done on or before the date of enactment of this by-law.