Site Alteration - Niagara Falls, Ontario, Canada

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-12-By-law ceases to have effect27. If a regulation is made under section 28 of the Conservation Authorities Act, R.S.O. 1990,c. C.27, as amended, respecting the placing or dumping of fill, removal of topsoil oralteration of the grade of land in any area of the City, this By-law is of no effect in respectof that area.Enforcement of By-law28. The administration and enforcement of this By-law shall be performed by the Director, hisor her designates, and those persons designated from time to time by the Director asInspectors under this By-law. The Director, his or her designates, and any duly designatedInspector shall have all powers necessary to carry out the administration and enforcementof this By- law, including the power to enter upon and inspect any lands to which this By-lawapplies.29. Where a person has placed or dumped fill, or caused or permitted the placing or dumpingof fill, the removal of topsoil or the alteration of the grade of land in contravention of anyPermit issued pursuant to this By-law, without a Permit where a Permit is required underthis By-law, or contrary to any other provision of this By-law, the Director may make anOrder directing the person to do any or all of the following:1. comply with the conditions of the Permit and this By-law;2. cease the work which is the subject of the contravention; and/or3. require work to be done to correct the contravention to the satisfaction of theDirector, and within the time specified in the Order.30. Where a person has failed to correct any such contravention to the satisfaction of theDirector within the time specified in an Order issued pursuant to this By-law, the City, inaddition to all other remedies it may have, may take all necessary steps to bring the lands intocompliance with the terms of this By-law, and may enter upon land, at any reasonable time,for this purpose.31. The City may recover those costs incurred under section 30, plus interest accrued to the datepayment is made at the rate of fifteen percent (15%) per annum, from the owner of the landby action or in like manner as municipal taxes.
-13-Offence and Penalty32. Every person who contravenes any provision of this By-law is guilty of an offence and isliable for every day or part thereof upon which such offence occurs or continues to a fine ofnot more than $10,000.00 on a first conviction, and not more than $25,000.00 on anysubsequent conviction, as provided in subsection 144(16) of the Municipal Act, 2001, S.O.2001, c.25, as amended.33. Every corporation that contravenes any provision of this By-law is guilty of an offence andis liable for every day or part thereof upon which such offence occurs or continues to a fineof not more than $50,000.00 on a first conviction, and not more than $100,000.00 on anysubsequent conviction, as provided in subsection 144(17) of the Municipal Act, 2001, S.O.2001, c.25, as amended.Appeal to Ontario Municipal Board34. An applicant for a Permit under this By-law may appeal to the Ontario Municipal Board,(a)(b)(c)if the Director refuses to issue a Permit, within 30 days of the refusal;if the Director fails to make a decision on an application for Permit, within 45 daysafter the application is received by the Clerk; orif the applicant objects to a condition in the Permit, within 30 days after the issuanceof the permit.Severability35. In the event that any provision or part of this By-law is found to be invalid or unenforceablefor any reason whatsoever, then the particular provision or part thereof shall be deemed tobe severed from the remainder of the By-law and all other provisions or parts thereof shallremain in full force and shall be valid and enforceable to the fullest extent permitted by law.General36. City of Niagara Falls By-law No. 2004-57 is hereby repealed.
Page 1 and 2: CITY OF IAGARA FALLSBy-law o. 2007
Page 3 and 4: -3-(r)(s)(t)(u)(v)(w)(x)(y)(z)"Prop
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Page 11: -11-or a consent under section 41,
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Site Alteration - Niagara Falls, Ontario, Canada

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