Property Maintenance (By-law No. 2005-208)

This is a consolidation of the City of Ottawa Property Maintenance By-law No. 2005-208. This version contains the following amending By-laws:

• 2006-083
• 2009-259
• 2013-383
• 2014-034
• 2017-256
• 2019-426

This consolidation of the By-law is current to December 11, 2019.

A by-law of the City of Ottawa respecting refuse or debris, clearing and cleaning of land and snow and ice removal.

The Council of the City of Ottawa enacts as follows:

• The Property Maintenance By-law regulates keeping roofs and surrounding lands of a building free from accumulations of snow or ice that might create an accident hazard.
• The by-law regulates properly graded properties for drainage.
• The by-law regulates storage of materials in and around your property.
• The by-law regulates garbage disposal.
• The by-law regulates the deposit and removal of refuse and debris.
• The owner or occupant must clear the lands of heavy undergrowth, long grass and/or weeds so that it is consistent with the surrounding environment.
• For other property standards issues, please refer to the Property Standards By-law (By-law No. 2013-416).

In this by-law,

“City” means the municipal corporation of the City of Ottawa or the geographic area of the City of Ottawa as the context requires;

“Director” means the person occupying the position of Manager, By-law and Regulatory Services, in the Emergency and Protective Services Department of the City of Ottawa or authorized representative; (By-law No. 2009-259)

“lands” means grounds, yard or vacant lot; “last known address” means the address which appears on the last revised assessment roll of the City;

“occupant” means any person or persons over the age of eighteen (18) years in possession of the property; (By-law No. 2017-256)

“owner” includes, (By-law No. 2017-256)

1. the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used, whether on the person’s own account or as agent or trustee of any other person, or who would receive the rent if the land and premises we let; and
2. the lessee or occupant of the property who, under the terms of a lease, is required to repair and maintain the property in accordance with the standards for maintenance and occupancy of the property;

“receptacle” means a solid metal or plastic container for receiving garbage or refuse; (By-law No. 2013-383)

“refuse or debris” includes garbage of any kind and, without limiting the generality of the foregoing, includes rubbish, inoperative vehicles and mechanical equipment, automotive and mechanical parts, appliances, furnaces, heater or fuel tanks, furniture, table waste, paper, cartons, crockery, glassware, cans, garden refuse, earth or rock fill, material from construction or demolition projects and old clothing.

1. No person shall throw, place or deposit refuse or debris on any lands.
2. No person shall use any lands for the dumping or disposal of refuse or debris

1. Where on any lands there is refuse or debris, the owner or occupant shall remove the refuse or debris from the land so that the land is left in a clean condition.
2. Where on any lands there is heavy undergrowth, long grass or weeds, the owner or occupant shall clear the lands of such heavy undergrowth, long grass or weeds so as to be consistent with the surrounding environment.
3. A tree or other plant, or limb or branch of it, that is dead, diseased, decayed or damaged shall be removed from the property or otherwise pruned to remove the dead, diseased, dying or dangerous portions of the tree or plant so as to prevent an unsafe condition or damage to any building subject to the provisions of By-law No. 2009-200, the Urban Tree Conservation By-law.
4. A yard shall be kept clean and free from objects or conditions that may create a health or accident hazard. (By-law No. 2013-383)

1. Every outdoor receptacle shall be located in the rear yard, when space can accommodate it, or otherwise in a side yard, but shall not be located in a front yard and shall not be adjacent to any combustible structure or placed within 3 metres (10 ft.) vertically or horizontally of any opening in a habitable room of the building or of any neighbouring building.
2. Despite subsection (1), an outdoor receptacle may be located in the front yard of a dwelling on a farm property and residential properties over 7.5 acres in size where only one dwelling unit is situated on the property or where authority has been granted under a site plan or other agreement.
3. Where commercial containers or in-situ containers are visible from a public street or lane, or the subject site abuts residential properties, the area where the containers are stored shall be enclosed on all sides by a wall or solid fence not less than 1.8 m (6 ft.), such wall or fence containing an adequate door or gate to allow for the removal of garbage or refuse. (By-law No. 2013-383)
4. Every container for organic waste and recyclable items shall be:
   1. maintained in a clean, neat and tidy condition; and
   2. emptied regularly in accordance with the waste collection schedule established by the City. (By-law No. 2014-34)

Any furniture that is used outdoors shall be:

1. kept in a clean, neat and tidy condition; and
2. maintained in good repair. (By-law No. 2013-383)

All lands shall be graded, filled up or otherwise drained so as to prevent the recurrent ponding of storm water.

Every owner or occupant of a building shall keep the roofs of the building and the surrounding lands free of accumulations of snow or ice that might create an accident hazard.

1. When any lands are not maintained pursuant to the requirements of this by-law, the Director shall send a Notice, by registered mail or direct delivery of the Notice by hand to the owner or occupant’s last known address, requiring the owner or occupant to make the lands conform to the requirements of this by-law, and the Notice shall specify the time allowed for compliance.
2. No person shall fail to comply with a Notice sent pursuant to subsection (1).
3. A Notice of Violation issued by registered mail pursuant to subsection (1) is deemed to have been served upon the recipient on the third day following mailing. (By-law No. 2017-256)

1. Where a notice has been sent by the Director pursuant to Section 6, and the requirements of the notice have not been complied with, the City may cause the work to be done and the cost of the work shall be at the expense of the owner.
2. The costs of the work to be done pursuant to subsection (1) may be recovered from the owner by action or by adding the costs to the tax roll and collecting them in the same manner as taxes.

The Director may enter at all reasonable times upon the lands to ascertain whether the provisions of this by-law are complied with and to enforce and carry into effect the provisions of this by-law.

1. Despite Section 2, this by-law shall not be deemed to prohibit the storing of automotive or mechanical equipment, salvage and similar material which is required for business purposes.
2. Despite Section 2, nothing in this by-law shall be deemed to interfere with the filling or raising of land with earth or rock fill done as an adjunct to building operations or disposal of refuse or debris on any lands which have been designated for that purpose by the City.
3. Despite Section 2, nothing in this by-law shall be deemed to prevent a farm, meeting the definition of “agricultural operation” under the Farming and Food Production Protection Act, 1998, S.O. 1998, c. 1, from carrying out a normal farm practice as defined by that Act.

Section 10

1. Every person who contravenes any provision of this by-law is guilty of an offence as provided for in subsection 429(1) of the Municipal Act, 2001, and all such offences are designated as continuing offences as provided for in subsection 429(2)(a) of the Municipal Act, 2001.
2. A person who is convicted of an offence under this by-law is liable, for each day or part of a day that the offence continues, to a minimum fine of $500.00 and a maximum fine of $10,000.00 and the total of all daily fines for the offence is not limited to $100,000.00 as provided for in subsection 429(3)1. of the Municipal Act, 2001. (By-law No. 2013-383)

Section 11

When a person has been convicted of an offence under this by-law, the Superior Court of Justice or any court of competent jurisdiction thereafter may, in addition to any penalty imposed on the person convicted, issue an order:

1. prohibiting the continuation or repetition of the offence by the person convicted; and
2. requiring the person convicted to correct the contravention in the manner and within the period that the court considers appropriate. (By-law No. 2013-383)

Repealed by By-law No. 2013-383.

The following by-laws or portions of by-laws of the old municipalities are repealed:

1. By-law Number 49 of 1991 of the old Corporation of the City of Gloucester entitled “A by-law concerning waste and debris and the filling, draining, cleaning and clearing of grounds, yards and vacant lots”;
2. By-law No. 82-88 of the old Corporation of the City of Cumberland entitled “Being a by-law of the Corporation of the Township of Cumberland requiring properties and streets to be maintained in a safe condition and kept clear of waste”, as amended;
3. By-law No. 1739 of the old Corporation of the City of Vanier entitled “Being a bylaw requiring buildings and yards to be put in a safe condition, requiring and regulating the filling up, draining, cleaning and clearing of any grounds, yards and vacant lots, and prohibiting the use of land for the dumping or disposal of garbage, refuse or domestic or industrial waste”;
4. By-law Number 76-14 of the old Corporation of the Village of Rockcliffe Park entitled “A by-law of the Corporation of the Village of Rockcliffe Park requiring buildings and yards to be put in a safe condition”;
5. By-law No. 106/75 of the old Corporation of the Township of Rideau entitled “Being a by-law to require the filling up, draining, cleaning and clearing of any grounds, yards and vacant lots”;
6. By-law 98-93 of the old Corporation of the City of Kanata entitled “Being a by-law of the Corporation of the City of Kanata requiring yards to be put in a safe condition requiring and regulating the filling up, draining, cleaning and clearing of any grounds, yards, and vacant lots and prohibiting the use of land for the dumping or disposal of garbage refuse or domestic or industrial waste and to prohibit littering of private and Corporation property”;
7. By-law No. 37 of 1990 of the old Corporation of the Township of West Carleton entitled “Being a by-law of The Corporation of the Township of West Carleton requiring maintenance to properties”;
8. By-law Number 297-99 of the old Corporation of the City of Ottawa entitled “A bylaw of The Corporation of the City of Ottawa requiring buildings and yards to be put in a safe condition, requiring and regulating the filling up, draining, cleaning and clearing of any grounds, yard and vacant lots, and prohibiting the use of land for the dumping or disposal of garbage refuse or domestic or industrial waste”.

This by-law may be referred to as the “Property Maintenance By-law”.

The by-law shall come into force and effect on the 1st day of June, 2005.

ENACTED AND PASSED this 11th day of May, 2005.

In response to a growing interest in the community in having naturalized gardens/yards which, among other benefits, require relatively low maintenance and discourage the use of pesticides, the following information may be of assistance.

Definitions

"boulevard" means all parts of a highway save and except the roadway, shoulder or sidewalk;

Naturalized Area: One that has been deliberately implemented to produce ground cover and includes two or more species of wildflowers, shrubs, perennials, grasses, or combinations of them, whether native or non-native, consistent with a managed and natural landscape, other than regularly mown grass; one where some degree of attention has been placed on native species; one can include a water feature that is deliberately created for the landscape and managed appropriately.

Criteria for naturalized area

A bona fide “naturalized” garden/yard requires that the following criteria be met:

1. Intent

• Deliberately implemented to produce ground cover,
• The property owner has knowledge of naturalization and its concepts, basis, etc., and can identify most if not all of the plants.

2. Some degree of maintenance/care

• The garden/yard is managed to include native species
• It is also managed to discourage the presence of exotic invasive species, particularly monocultures
• It is managed to prevent encroachment on adjacent properties
• The city boulevard is trimmed

3. Presence of native species

• Some degree of attention is placed on native species, thereby extending natural habitats into the yard
• Using this mechanism, a neglected or derelict yard – which consists almost entirely of non-native, invasive species – will be more obvious

The added advantage to using native species is that if they are properly matched with the local environment they require no water, no fertilizer and no pesticides which fits well with the goal to reduce chemical inputs and water use in yards.

For more information, please consult the following links:

Invasive species

Learning about nature

Native Plants

Pollinators