Graffiti Management By-law 2009-105

1.1 "CLERK" shall mean the Municipal Clerk of the Town of Bradford West Gwillimbury;

1.2 "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;

1.3 "COURIER DROP BOX" shall mean an unattended box into which any member of the general public may deposit letters or parcels to be delivered by courier companies;

1.4 "CUSTOMER SERVICE BOX" shall mean either a publication distribution box or a courier drop box;

1.5 "GRAFFITI" shall mean one or more letters, symbols, etchings, figures, inscriptions, stains howsoever made or otherwise affixed to a property or other markings that disfigure or deface a property but does not include a mural sign permitted in accordance with the Sign By-law;

1.6 "INTERIOR SPACE" includes an interior wall, ceiling, floor and any other partition that defines the interior space of a property;

1.7 "MURAL SIGN" shall mean a decorative mural that is painted directly onto the exterior fabric of a building and that serves as an expression of public art;

1.8 "OFFICER" shall mean a police officer or municipal law enforcement officer appointed by the Council of the Town of Bradford West Gwillimbury to enforce the provisions of this By-law;

2.1 Headings are inserted for convenience of reference purposes only and form no part of this By­law and shall not affect in any way the meaning or interpretation of the provisions of this By-law.

2.2 Unless otherwise defined, the words and phrases used in this By-law have their normal and ordinary meaning.

2.3 This By-law is gender-neutral and, accordingly, any reference to one gender includes the other.

2.4 Words in the singular include the plural and words in the plural include the singular.

2.5 The rules in this section apply to this By-law, unless a contrary intention is evident from the context.

3.1 This By-law does not apply to an interior space on a property or to a thing located entirely within the interior space on a property.

4.1 No person shall place or cause or permit graffiti to be placed on property.

4.2 No owner of property shall fail to maintain such property free of graffiti.

5.1 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.

5.2 That Service of the Notice of Violation may be made by first class mail or 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.

5.3 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 collecting them in the same manner as municipal taxes in accordance with Section 446 of the Municipal Act.

5.4 Where any items are removed in accordance with By-law, such items may be disposed of immediately by the Officer.

6.1 An officer who finds a contravention of this By-law may give written notice to the owner of the property requiring compliance with this By-law within the time period specified in the notice but no sooner than 7 calendar days after the notice is given.

6.2 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.

6.3 That Service of the Notice of Violation may be made by first class mail or 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.

6.4 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 collecting them in the same manner as municipal taxes in accordance with Section 446 of the Municipal Act.

6.5 Where any items are removed in accordance with Section 5.3, such items may be disposed of immediately by the Officer.

6.6 If there is evidence that the owner in possession of the property is not the registered owner of the property, the notice shall be served on both the registered owner of the property and the owner in possession of the property.

6.7 If the address of the owner is unknown or the Town is unable to effect service on the registered owner, a placard stating the terms of the notice and placed in a conspicuous place upon the land on or near the property shall be sufficient notice to the owner.

7.1 An Officer, Police Officer or any other person appointed for the purpose of enforcing this By-law;

                  (a) has the power to enter upon and examine any lands, yards, vacant lots, grounds at any
                       reasonable time or times, and  

                  (b) may be accompanied  by such other  person or persons as they deem  necessary to properly
                       carry out their duties under this By-law.

7.2 No person shall hinder, interfere with or otherwise obstruct, either directly or indirectly, any officer, police officer or any other person appointed for the purpose of enforcing this By-law, including any employee of the Town who may be accompanying such persons, in the lawful exercise of power or duties under this By-law.

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

9.1 A person exercising a power of entry on behalf of the Town, under this By-law must on request display or produce proper identification.

10.1 The Town, for the purposes of remedial action, may enter upon land and into structures, other than a place actually used as a dwelling unit, at any reasonable time, without notice, or for the purposes of property inspection.

10.2 In accordance with the provisions of the Municipal Act S.O. 2001, c.25, as amended, Section 426(1), no person shall hinder, interfere with, or otherwise obstruct, either directly of indirectly, an officer, employee of the Town and/or agent in the lawful exercise or power or duty under this By­law.

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

12.1 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, provide proof, in hard copy form, of a liability policy in 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.

13.1 Where there has been a violation of this By-law, an Officer may serve written notice upon the owner, directing that the violation be remedied within a specified period of the delivery of such notice.

13.2 Any notice given under this By-law may be given by regular mail or personal delivery. Delivery by regular mail shall be deemed to have been affected five (5) days after mailing.

13.3 In the event that the violation in the notice is not remedied within the aforementioned period of time, the Officer may cause the violation to be remedied at  the expense of the owner.

13.4 The Town assumes no liability for property damage or personal injury resulting from remedial action or remedial work undertaken with respect to any person or land that is subject to this By­ law.

     (b)     On any subsequent conviction, to a fine of not more than $100,000.

14.1 An Officer may, by personal service or by Notice sent by registered post served on the owner, lessee or occupant of the land or structure, require the Owner within the time specified in the Notice:

                  a) To clean, clear or remove from the land or structure waste  material or domestic  or
                      Industrial waste of any kind;

                  b) To cease using the land or structure for the dumping or disposing of waste material or
                      domestic or industrial waste of any kind;

                  c) To cover open, screen, shield or enclose the waste material or the domestic or industrial
                      waste in the manner prescribed by the officer;

                  d) To repair, alter or re-route private or public drains;

                  e) To provide for the sanitary disposal of sewage and drainage from the land or

                  f) To pull down, repair or renew any structure (including but not limited to fences and 
                     retaining walls) that by reason of its ruinous or dilapidated state is in an unsafe
                     condition.

14.2 Every Notice sent by the Officer shall identify the land or structure.

14.3 Every Notice to an owner or lessee shall be sent to the address shown on the last revised assessment roll or to the last known address.

14.4 Every Notice sent to an occupant shall be to the address of the land or structure or to the last known address of the occupant.

14.5 With the exception of matters which pose an immediate risk to public health and safety, notice shall provide for 14 days from the date of service ·of the Notice, for the completion of the works outlined in the Notice.

14.6 When there is an immediate risk to public health and safety, the notice may require immediate action or other remediation.

15.1 The Town may recover its costs of remedying a violation of this By-law by invoicing the owner, by instituting court proceedings or by adding the cost, including interest, to the tax roll in the same manner as municipal taxes in accordance with Section 446 of the Municipal Act, 2001 and the exercise of any such remedy shall not preclude the exercise of any other available remedy.

15.2 The Town may, prior to adding remedial action costs to Municipal Taxes, invoice  persons described in the By-law requesting voluntary payment of the remedial action costs.

16.1 No person shall fail to comply with a notice given under Section 5 of this By-law.

16.2 In the event that the person who has failed to comply, fails to pay the costs of compliance within 90 days of the date of the written notice of compliance, the costs shall be added to and form part of the taxes payable on the property as taxes in arrears.

17.1 The Owner shall be liable for:

            17.1.1 The fees and service costs set by Council from time to time in respect of the activity or
                       activities more particularly set out in the Town's Fees and Charges By-law, as may               
                       be amended from time to time;

             17.1.2 The costs incurred by the Town arising from any work done under this By-law by Third-Party
                       Services required by the Town;

17.2 Any fees, service costs or other costs, charged to an Owner under this By-law shall be in addition to any other fees or service costs payable under any other By-law or any other Federal or Provincial legislation or enactment.

17.3 Any fees, service costs or other costs charged to an Owner under this By-law shall be recoverable in a like-manner as taxes, at the discretion of the Town.

18.1 Every person convicted of a breach of the provisions of this By-law shall be guilty of an offence.

19.1 Every person who is convicted of an offence under this By-law shall be subject to a fine of not more than five thousand dollars ($5,000.00) for each offence. Such fines shall be recoverable under the Provincial Offences Act, R.S.O. 1990, Chapter P.22, as amended.

             19.1.1 In the case of an individual, a fire or not more than $5,000.00 for a first offence and
                       to a fine of not more than $50,000.00 for any subsequent offence; and/or

             19.1.2. In the case of a corporation, the maximum penalty that may be imposed upon a

                        corporation is $100,000.00 for a first offence and $200,000.00 for a subsequent o
                        offence.  

19.2 A director or officer of a corporation who knowingly concurs in a contravention of this By-law by the corporation is guilty of an offence pursuant to Subsection 425(3) of the Municipal Act, 2001 and is liable upon conviction to a penalty not exceeding $5,000.00 exclusive of costs in accordance with and recoverable under Section 61 of the Provincial Offences Act, Revised Statutes of Ontario 1990, Chapter P.33, as amended.

19.3 The conviction a person for the breach of any provisions of this By-law shall not operate as a bar to a prosecution against the same person upon any continued or subsequent breach of any provision and the court may convict such person repeatedly for continued or subsequent breaches of this By-law and the provisions of the Municipal Act, 2001 shall further apply to any continued or repeated breach of this By-law. The contravention of this By-law shall be a continuing offence and each day the convention continues shall constitute a separate offence under this By-law.

19.4 The provisions of this By-law may be enforced pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, P.33 as amended, and where any provision of this By-law is contravened and a conviction entered, in addition to any other remedy and to any other penalty may also be prohibited from continuing or repeating the offence in accordance with the provisions of the Municipal Act S.O. 2001,c.25, as amended.

19.5 Every person who is guilty of an offence under this By-law may, if permitted under the Provincial Offences Act R.S.O. 1990, c. P.33, as amended, pay a set fine, and the Chief Judge of the Ontario Court, Provincial Division, shall be requested to establish set fines as set out in Schedule 'A' to this By-law.

20.1 The Municipal Clerk shall be responsible for the administration of the By-law.

20.2 All Municipal Law Enforcement Officers are deemed appointed and entitled to enforce the provisions of this By-law.

20.3 This By-law shall be enforced by a Police Officer or Police Cadet of the South Simcoe Police Services; a Municipal 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.

20.4 The conviction of a person for any breach of any provision of this By-law shall not operate as a bar to a prosecution against the same person upon any continued or subsequent breach of any provision and a court may convict any person repeatedly for continued or subsequent breaches of the By-law and the provisions of the Municipal Act, 2001, shall further apply to any continued or repeated breaches of the By-law.

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

21.2 Any reference made in this By-law to a statute of the Legislature of the Province of Ontario, shall be deemed to include all subsequent amendments to such statute and all successor legislation to such statute.

21.3 If a court of competent jurisdiction declares any section of part of a section of this By-law invalid it is the intention of Council that the remainder of the By-law shall continue to be in force

22.1 Words importing the singular number of the masculine gender only include more persons, Parties or things of the same kind than one, and females as well as males and the converse.

23.1 This By-law shall be cited as the "Graffiti Management By-law". 

24.1 This By-law shall come into force and effect upon the day of final reading and passage thereof.

Read a first, second and third time and finally passed this 6^th day of October, 2009.

The Corporation of the Town of Bradford West Gwillimbury 

Original copy signed                              Original copy signed

Patricia Nash, Municipal Clerk                 Doug White, Mayor