1999-050 To provide policy for encroachments on road allowances and municipally owned property
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THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
BY-LAW NO. 99-50
Being a By-law to provide policy for encroachments on road aHowances and municipaHy
owned property.
WHEREAS Section 314(1) of the Municipal Act, RS.O., 1990, c.MAS, as amended, provides
that the councils of all municipalities may pass by-laws for prohibiting or regulating the
obstructing, encumbering, injuring or fouling of highways or bridges;
AND WHEREAS Section 314(4) of the Municipal Act, RS.O., 1990, c.MA5, as amended,
provides that the councils of all municipalities may pass by-laws for prohibiting the building or
maintaining of fences on any highway;
AND WHEREAS Section 2 of the Trespass to Property Act, R.S.O., 1990, c.T.21, provides that
every person who engages in an activity on premises when the activity is prohibited may be
guilty of an offence.
AND WHEREAS Council of the Township ofOro-Medonte deems it appropriate to adopt a
policy for encroachments on road allowances and municipally owned property;
NOW THEREFORE Council of The Corporation of the Township ofOro-Medonte hereby
enact as follows:
1. That Schedule "A" attached hereto forms part of this by-law.
2. That Schedule "A" attached hereto shall be the policy of the Township ofOro-Medonte with
respect to encroachment on municipal land.
2. That this By-law shall come into full force and effect on its fmal passing thereof.
By-law read a first and second time this 19th day of May, 1999.
By-law read a third time and finaHy passed this 19th day of May, 1999.
THE CORPORATION OF THE TOWNSHIP OF ORO-MEDONTE
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Mayor, Ian Beard /
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Clerk, ynda Aiken
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TOWNSHIP OF ORO-MEDONTE
POLICY FOR ENCROACHMENTS ON ROAD ALLOWANCES AND
MUNICIP ALLY OWNED PROPERTY
EVERY MUNICIPAL ROAD ALLOWANCE AND MUNICIPALLY OWNED PROPERTY
SHALL BE FREE AND CLEAR OF ALL ENCROACHMENTS, IN ACCORDANCE WITH
THE TOWNSHIP OF ORO-MEDONTE BY -LAW NO. 99- .
EXISTING ENCROACHMENTS WILL BE DEALT WITH ON AN INDIVIDUAL BASIS BY
ONE OF THE FOLLOWING OPTIONS:
1. a) THE OWNER SHALL BE NOTIFIED OF THE ENCROACHMENT, BY
REGISTERED MAIL, AND REQUESTED TO REMOVE SAME, AT THE OWNER'S
EXPENSE, WITHIN THIRTY (30) DAYS, FROM DATE ON NOTICE. THIS TIME
FRAME FOR REMOVAL OF THE ENCROACHEMENT, MAY CHANGE AT THE
MUNICIPALITY'S DISCRETION.
1. b) FAILING REMOVAL OF THE ENCROACHMENT BY THE OWNER WITHIN
THE SPECIFIED TIME FRAME, THE ENCROACHMENT WILL BE REMOVED BY
THE MUNICIPALITY WITH ALL ASSOCIATED COSTS TO BE BORNE BY THE
OWNER. FAILURE TO REIMBURSE THE MUNICIPALITY WITHIN TWENTY-
ONE (21) DAYS FROM THE DATE OF BILLING, WILL RESULT IN THESE
COSTS BEING ADDED TO THE TAX ROLL, IN ACCORDANCE WITH THE
MUNICIPAL ACT.
2. IF COUNCIL HAS DETERMINED THAT FUTURE USAGE OF THE ROAD
ALLOWANCE OR MUNICIPALITY OWNED PROPERTY IS NOT REQUIRED BY
THE MUNICIPALITY, COUNCIL MAY PASS A BY-LAW TO STOP UP AND
CLOSE THE ROAD ALLOWANCE OR DEEM THE LANDS AS SURPLUS, AT THE
OWNER'S EXPENSE, AND IN ACCORDANCE WITH THE REQUIREMENTS OF
THE MUNICIPAL ACT, AND SELL THAT PORTION OF LAND TO THE OWNER,
AT A PRICE TO BE DETERMINED BY COUNCIL.
3. THE MUNICIP ALITY MAY CHOOSE TO ENTER INTO A LICENSE AGREEMENT
WITH THE ENCROACHMENT OWNER AT A FEE TO BE DETERMINED BY THE
MUNICIPALITY, WITH ANY ASSOCIATED COSTS TO BE BORNE BY THE
OWNER.