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## TOWN OF ARBORG By-Law No. 3-2001
Being a by-law to maintain property and to regulate
nuisances, derelict, abandoned and unsightly property.
WHERAS The Municipal Act reads in part 232(1) as follows:
A council may pass by-laws for municipal purposes respecting the following matters;
- (a)
- the safety, health, protection, and wellbeing of people, and the safety and protection of property;...
- subject to section 233, activities or things
- in or on private property;...
- the enforcement of by-laws
AND WHEREAS subsection 232(2) of The Municipal Act, reads as follows
Without limiting the generality of subsection (1), a council may in a by-law passed under this Division...
- (d) establish fees or other charges for services, activities or things provided or done by the municipality or for the use of property under the ownership, direction, management or
- control of the municipality...
AND WHEREAS subsection 233 of The Municipal Act, reads as follows:
A by-law under clause 231(1) (c) (activities or things in on private property) may contain provisions only in respect
- (a) the requirement that land and improvements be kept and maintained in a safe and clean condition;
- the parking and storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and
- (b) storing;
- (c) the removal of top soil; and
- (d) activities or things that in the opinion of council are or could be become a nuisance, which may include noise, weeds, odours, unsightly property, fumes and vibrations.
AND WHEREAS subsection 236(1) of The Municipal Act, reads as follows:
Without limiting the generality of clause 232(1)(0) (enforcement of by-laws), under that clause may include provisions
- (a)
- providing for procedures, including inspections, for determining whether by-laws are being complied with; and
- (b) remedying contraventions of by-laws, including
- (i) (ii) creating offences, subject to the regulations, providing for fines and penalties, including the imposition of a penalty for an offence that is in addition to a fine or imprisonment, so long as the penalty related to a fee, rate, toll, charge, cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law,
- (iii)
- (iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention,
- providing that an amount owing under subclause (ii) may be collected in any manner in which a tax may be collected or enforced under this Act,
- (v) charging and collecting costs incurred in respect of acting under subclause (iv),
- (vi) imposing a sentence of imprisionment for not more than six months for the commission of offences or non-payment of fines.
AND WHEREAS subsection 242(1) of The Municipal Act, reads as follows:
If a designated officer finds that a person is a by-law of contravening this or any other Act that the Municipality is authorized to enforce, the designated officer may by written order require the person responsible for the contravention to remedy it if, in the opinion of the officer, the
circumstances so require.
AND WHEREAS subsection 242(2) of The Municipal Act, reads as follows:
The order may
- (a)
- direct a person to stop doing something, or to change the way in the which the person is doing it;
- direct a person to take any action or measure necessary to remedy the contravention of a bylaw, including the removal or demolition of a structure that has been erected or placed in contravention of a by-law and, if necessary, to prevent a reoccurrence of the
- (b) contravention;
- state a time within which the person must
- (c) comply with the directions; and
- (d) state that if the person does not comply with the directions within a specified time, the municipality will take the action or measure at the expense of the person.
AND WHEREAS subsection 243(1) of The Municipal Act, reads as follows:
If, in the opinion of a designated officer, a structure,
excavation or hole is dangerous to public safety or property, or because of its unsightly condition, detrimental to the surrounding area, the designated officer may by written order
- in the case of a structure, require the owner
- (i) to eliminate the danger to public safety in the manner specified, or
- (1i) semove or demolish the structure and level the
- the case of land that contains the excavation or hole, require home owner
- (i) to eliminate the danger to public safety in the manner specified, or
- (ii) fill in the excavation or hole and level the
- in the case of property that is in an unsightly condition, require the owner
- (I) to improve the appearance of the property in the manner specitied, or
- (ii) if the property is a building or other structure,
- remove or demolish the structure and level the
AND WHEREAS subsection 243(2) of The Municipal Act, reads as follows:
- state a time within which the person must comply with the order; and
- state that if the person does not comply with the order within the specified time, the municipality will take the action or measure at the expense of the
deemed expedient to pass a By-Law for the Purposes of maintaining property and regulating and abating nuisances derelict, abandoned and unsightly property that are detrimental to the health, safety and comfort of the residents of the Town of
NOW THEREFORE the Council if the Town of Arborg, in Council assembled, enact the following policies and procedures which shall govern the inspection, remedy, enforcement or action respecting unsafe property and/or structures or those which may cause a nuisance in the Town of Arborg:
- "council" means the council duly elected in the Municipality.
- "designated officer" means a building inspector or other official appointed by council, from time to time, to this by-law, or, in the absence of such an appointment, the Chief Administrative Officer.
- "interested person" means the owner, occupier or mortgagee property which is the subject of an order made under the authority of this by-law.
- "mortgagee" in the case of any property means any person holding a registered real; property mortgage against the property according to the records of the land titles office for the area within which the property is situated.
- "Municipality" means the Town of Arborg.
- f) "occupier" in the case of any property in actual or constructive of the property pursuant to a lease, tenancy license or other to occupy.
- g) "owner" in the case of any property the property according records of the Municipality. the registered assessment
- h) "person" means an individual, firm, partnership or corporation and where the context requires shall include the plural as well as the singular.
- i) "property" means any land as defined in The Municipal Assessment Act within the Municipality whether situated thereon a dwelling house or any other building.
- j) "rubbish" means any garbage, trash, or junk including, but limited to unwanted discarded household items, waste building construction, remodeling and repair; tree branches, grass and shrub clippings, general yard leaves or other and garden waste; motor vehicle parts or tires; newspapers, magazines, packaging materials, waste paper or cardboard, dead animal carcasses, and any other unsightly or discarded material which causes or is likely to cause a public hazard or nuisance, or is unacceptably offensive in light of community standards of cleanliness or generally accepted neighborhood aesthetics.
- k) "unsafe structure" means any structure, whether a building, fence, excavation or hole, which in the opinion of the designated officer is at risk of collapse or otherwise dangerous to public safety or property.
- 1) "unsightly property" means a property which in the opinion designated officer is detrimental to the surrounding area, including but not limited to the growth of grass to a length which is unsightly or the growth of weeds so that same become a nuisance to adjoining properties.
## Application
2. This by-law applies to all property and to all owners and occupiers of property within the Municipality.
## Standards
3. No owner or occupier of property shall permit on such property, and each owner and occupier of property shall keep such property free and clear of:
2. (a) rubbish;
3. (c) unsightly property;
4. (b) unsafe
5. (d) the storage of motor vehicles capable of registration under the Highway Traffic Act or the Off-Road Vehicles Act, which are not registered under either of those statutes, unless the said property and/or structures are lawfully used and licensed as a commercial automobile dealership;
6. (f) the weeds as defined in The Noxious Weeds Act so that same become a nuisance to adjoining properties;
7. (e) the household appliances, whether or not the same are capable of operation;
8. (g) the growth of grass to a length which in the opinion of the designated officer is unsightly; or
9. (h) regular outdoor burning, the smoke of which cause a nuisance to adjoining properties.
10. Any person may allege a violation of this by-law by filing a the designated officer in such form such particulars as the designated officer may from time
11. Upon receipt of a complaint, as aforesaid, the designated officer shall inspect all property violation of this by-law, in such manner as shall be reasonably necessary determine whether or not there has this by-law.
## Warnings and Orders
- Where inspections reveal a violation of any provision of this by-law, the designated officer:
- may in his or her discretion give written notice of the contravention to the owner and occupier of the property by mail substantially in the form attached as Schedule A.
- if the contravention continues following the warning notice, if any, provided under subsection 6(a) above, or if discretion no such warning notice is provided, the designated officer shall issue a written order which shall:
- the time within which compliance shall be
- that should compliance not be effected within the specified time, the municipality may undertake the expense of the owner of the property and that such expense may be collected in the same manner that a tax may be collected or enforced under The Municipal Act;
- advise of the process of appeal;
- be substantially in the form attached as Schedule B;
- Any interested person may appeal an order made by the designated officer by filing with the Chief Administrative Officer of the Municipality at any time before the time for compliance with such order an objection substantially in the form attached as Schedule C.
- Upon receipt of an appeal in the required form, the Chief Administrative Officer of the Municipality shall cause a copy thereof to be forwarded to the council forthwith and the council shall entertain such appeal within forty days of receipt of same by holding a hearing. Council may hear the appeal as a of the whole or by subcommittee especially established A notice of hearing shall be issued by persons and in the manner in section 10 below no later then 5 days prior to the
- The council shall determine an appeal within 5 days of a hearing serve a notice of disposition determination, upon the interested person. The council may:
- confirm the order of the designated officer;
- set aside the order of the designated officer.
- vary the order of the designated officer in any respect; or
## Service of Notices or Orders
10. Any order issued by the designated officer under subsection 6 (b) and a notice issued under section this by-law shall be served by personal service or by registered mail upon:
2. (a) the owner;
3. (c) in respect to any order alleging a violation subsection 3(b) (unsafe structures), the mortgagee, if any; of the property effected by order.
4. (b) the occupier, if any:
11. Service made personally shall be deemed to have been made on the date of such service and service made by registered mail shall be deemed to have been made 3 days after posting. In case of service upon an occupier, the address for mailing shall be the address of the property. In the case of an owner, the address for mailing be as shown on the current assessment records of the Municipality. In the case of a mortgagee, the current address for mailing shall be as shown according to the records of the Land Titles Office for the area within which the property is situated.
## Enforcement
12. The costs of actions or measures taken by the Municipality to carry out the terms of an order issued by the designated officer are an amount owing to the Municipality by the owner of the property. In addition to all other rights of collection which the Municipality may have at law, such amounts may be collected by the Municipality in the same tax may be collected or enforced under The
2. Any person who contravenes or disobeys, or refuses or neglects comply with any order made under this by-law is guilty of an offence and is liable, on a summary conviction, to fine not exceeding $1000, or in the case of an individual, to imprisonment for a term not exceeding 6 months, or to both such a fine and such an imprisonment.
14. Where a corporation commits an offence under this by-law, each director or officer of the corporation who authorized, consented to, connived at or knowingly permitted or acquiesced in the doing of the act or omission that constitutes the offence or offences, is likewise guilty of the liable on summary conviction, provision is made in section
15. Where the contravention, refusal, neglect, omission, or failure continues for more than one day, the person corporation is guilty of a separate offence for each day it continues.
By-law No. 7-79 and By-law No. 11-82 are hereby repealed.
DONE AND PASSED by the Council of Town of Arborg duly assembled at Arborg in the Province of Manitoba this ,2001-
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MAYOR
часе
bardarson
HIEE ADMINISTRATIVE OFFICER
Read the first time this 28 day of MARCH, 2001.
Read the second time this 28 day of MARCH, 2001.
Read the third time this *day of APRIL, 2001.
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## SCHEDULE "C"
Unsightly Property By-Law No. 3-2001 of the Town of Arborg
IN THE MATTER of the Unsightly Property By-Law No. 3-2001 of the
Town of Arborg
## NOTICE OF OBJECTION
To: Town of Arborg
PLEASE TAKE NOTICE that the undersigned Appellant hereby appeals to the Council of the Town of Arborg from the Order to made by\_ of. the \_ 2001 respecting the premised known as - day
Dated 2001. at Manitoba, this\_ day of
Signature of Appellant (Print Name)
Address