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Barrie By-law 2014-115, s. 13(a) — Private Tree By-law

Private Tree By-law

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Where an officer is satisfied that a person has contravened any provision of this by- law, the officer may make an order requiring the person to stop the injuring or destruction of trees and shall set out the particulars of the contravention. The order shall set out the information contained in Schedule “C”.

(b)

Where the Director is satisfied that a person has contravened any provision of this by- law, the Director may make a repair order requiring the person to rehabilitate the land or to plant or replant trees in such a manner and within such period as the Director considers appropriate, including any silvicultural treatment necessary to re-establish the trees.

  • (c) An Order issued under this section may be served personally or served by sending it by mail to the last known address of;
  • i) the owner of the Woodlands; and
  • ii) the person identified as injuring, destroying or harvesting a tree or trees.
  • (d) Where service of an Order is made by mail, service shall be deemed to have been served on the fifth day after the order is mailed.
  • (e) Where service cannot be carried under section 8, subsection (b), it is deemed sufficient if the Officer places a placard containing the terms of the Order in a conspicuous place on the affected lands and the placing of the placard shall be deemed to be sufficient service of the Order on the person to whom the Order is directed.
  • (f) A person to whom an order under this section has been directed may appeal the order to Council by filing a written notice of appeal with the Clerk within 30 days after the date of the order. Council may confirm, alter or revoke the order.
  • (g) As soon as practicable after a notice of appeal is filed, Council shall hear the appeal and may confirm, alter or revoke the order and the decision of Council shall be final.

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