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## TOWN of BEAUSEJOUR
## BY-LAW NO. 1517/03
Being a by-law of the Town of Beausejour to maintain property and to regulate nuisances, derelict, abandoned and unsightly property.
WHEREAS The Municipal Act reads in part as follows:
232(1) A council may pass by-laws for municipal purposes respecting the following matters;
- (a) the safety, health, protection and well-being of people, and the safety and protection of property; ...
- (o) the enforcement of by-laws
- (c) subject to Section 233, activities or things in or on private property; ...
- 232(2) 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...
- 233 A by-law under clause 231(1)(c) (activities or things in or on private property.) may contain provisions only in respect of
- (a) the requirement that land and improvements be kept and maintained in a safe and clean condition;
- (d) activities or things that in the opinion of council are or could become a nuisance, which may include noise, weeds, odours, unsightly property, fumes and vibrations.
- 236(1) Without limiting the generality of clause 232(1)(o) (enforcement of bylaws), a by-law passed under that clause may include provisions
- (a) providing for procedures, including inspections, for determining whether bylaws are being complied with, and
- (b) remedying contraventions of by-laws; including
- (ii) subject to 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 relates to the fee, rate, toll, charge, or cost that is associated with the conduct that gives rise to the offence, or related to enforcing the by-law,
- (I) creating offences,
- (ili) 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
- (iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles or other things related to a contravention,
- (v) charging and collecting costs incurred in respect of acting under subclause (iv),
- (vi) imposing a sentence of imprisonment for not more that six months for the commission of offences or non-payment of fines.
242(1) If a designated officer finds that a person is contravening a by-law or this or any other Act that the municipality is authorized to enforce, the designated officer may be written order require the person responsible for the contravention to remedy it if, in the opinion of the officer, the circumstances so require.
242(2) The order may
- (a) direct a person to stop doing something, or to change the way in which the person is doing it;
- (C) state a time within which the person must comply with the directions; and
- (b) direct a person to take any action or measure necessary to remedy the contravention of the Act or by-law, 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 reoccurence of the contravention;
- (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.
243(1) 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, is detrimental to the surrounding area, the designated officer may by written order
- (a) in the case of a structure, require the owner
- (ii) remove or demolish the structure and level the site;
- (i) to eliminate the danger to public safety in the manner specified, or
- (b) in the case of land that contains the excavation or hole, require the owner
- (i) fill in the excavation or hole and level the site;
- to eliminate the danger to public safety in the manner specified, or
- (c) in the case of property that is in an unsightly condition, require the owner
- to improve the appearance of the property in the manner specified, or if the property is a building or other structure, remove or demolish the structure and level the site.
243(2) the order may
- (a) state a time within which the person must comply with the order; and
- (b) 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
AND WHEREAS it is deemed expedient to pass a By-Law for the purpose of maintaining property and regulating and abating nuisances and derelict, abandoned and unsightly property that are detrimental to the health, safety and comfort of the residents of the Town of Beausejour;
NOW THEREFORE the Council of the Town of Beausejour, in Council duly assembled, hereby enact the following policies and procedures which shall govern the inspection, remedy, enforcement or action respecting unsightly and/or unsafe property and/or structures or those which may cause a nuisance in the Town of Beausejour:
## 1. Definitions
- a) council means the council duly elected in the Municipality.
- b) designated officer means a building inspector or other official appointed by council, from time to time, to enforce this by-law, or, in the absence of such an appointment, the Chief Administrative Officer.
- c) interested person means the owner, occupier or mortgagee of property which is the subject of an order made under the authority of this by-law.
- d) 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.
- e) Municipality means the Town of Beausejour.
- f) Occupier in the case of any property means any person in actual or constructive possession of the property pursuant to a lease, tenancy license or other right to occupy.
- g) Owner in the case of any property means the registered owner of the property according to the current assessment records of the Municipality.
- 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 or not there is situated thereon a dwelling house or any other building.
- j) Rubbish means any garbage, trash, or junk including, but not limited to unwanted or discarded household items, waste from building construction, remodelling and repair; tree branches, grass and shrub clippings, leaves or other general yard 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 neighbourhood 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 of the 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. (b) unsafe structure(s);
4. (c) unsightly property;
5. (e) the growth of weeds as defined in The Noxious Weeds Act so that same become a nuisance to adjoining properties;
6. (d) the storage of household appliances, whether or not the same are capable of operation;
7. (f) the growth of grass to a length which in the opinion of the designated officer is unsightly; or
8. (g) regular outdoor burning, the smoke of which causes a nuisance to adjoining properties.
## Complaint
4. Any person may allege a violation of this by-law by filing a written complaint with the designated officer in such form and with such particulars as the designated officer may from time to time require.
## Inspections
5. Upon receipt of a complaint, as aforesaid, the designated officer shall inspect all property alleged to be in violation of this by-law, in such a manner as shall be reasonably necessary in order to determine whether or not there has been a violation of this by-law.
## Warning and Orders
6. Where inspections reveal a violation of any provision of this by-law, the designated officer;
2. (a) may in his or her discretion give written notice of the contravention to the owner and occupier of the property by regular mail substantial in the form attached as Schedule A.
3. (b) if the contravention continues following the warning notice, if any, provided under subsection 6(a) above, or if in his or her discretion no such warning notice is provided, the designated officer shall issue a written order which shall:
4. !! specity the time within which compliance shall be required
5. (iii) advise of the process of appeal;
6. ii) advise that should compliance not be effected within the specifie‹ time, the Municipality may undertake the remediation at 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.
7. (iv) be substantially in the form attached as Schedule B.
## Appeals
7. 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.
8. 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 committee of the whole or by subcommittee especially established for this purpose. A notice of hearing shall be issued by council and shall be served upon the persons and in the manner specified in section 10 below no later than 5 days prior to the appeal hearing.
9. The council shall determine an appeal within 5 days of a hearing and shall serve a notice of disposition forthwith upon determination, upon the interested persons. The council may
4. (a) confirm the order of the designated officer;
5. (c) set aside the order of the designated officer.
6. (b) vary the order of the designated officer in any respect; or
## Service of Notices of Orders
10. Any order issued by the designated officer under subsection 6(b) and a notice of hearing issued under section 8 hereof of 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 violation of subsection 3(b) (unsafe structures), the mortgagee, if any;
4. (b) the occupier, if any; and
of the property effected by the order.
11. Service made personally shall be deemed to have been made upon the date of such service and service made by registered mail shall be deemed to have been made 3 days after posting. In the 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 shall be as shown on the current assessment records of the Municipality. In the case of a mortgagee, the address for mailing shall be as shown according to the records of the Land Titles Office
## 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 manner as a tax may be collected or enforced under The Municipal Act.
13. Any person who contravenes or disobeys, or refuses or neglects to obey or comply with any order made under this by-law is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $1000, or in the case of an individual, to imprisonment for a term not exceeding six 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 acquiensced in the doing of the act or omission that constitutes the offence or offences, is likewise guilty of offence and is liable on summary conviction, to the penalties for which provision is made in section
15. Where the contravention, refusal, neglect, omission or failure continues for more than one day, the person or corporation is guilty of a separate offence for each day it continues.
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Meit
Mayor
Chief Administrative Officer
Read a first time this 1 th day of June.
Read a second time this 24th day of line.
- 2003.
Read a third time this 24th day of wine.
2003.
\_ 2003.
·
## SCHEDULE A
## To By-Law No. 1517/03
Date
File No:
Name
Address
Dear Sir/Madam:
## Re: Town of Beausejour Unsightly/Unsafe Property By-Law
Acting upon a written complaint, the designated officer had cause to inspect your property at in the Town of Beausejour. Civic and legal address
Upon inspection of the property, it is apparent that a violation exists in accordance with the Town of Beausejour By-Law No. 1517/03 due to
Therefore, the Town of Beausejour requests that you rectify the situation by on or before date
In accordance with Section 239(1) of The Municipal Act, I wilt enter onto the property on \_ to conduct a second inspection. If there has been
no compliance with this notice, an Order may be issued authorizing the Town t take actions or measures necessary to bring the property into compliance witt By-Law No. 1517/03 and the costs of such actions or measures are an amount owing to the Town by the owner of the property. In addition to all other rights of collection which the town may have at law, such amounts may be collected by the Town in the same manner as a tax may be collected or enforced under The. Municipal Act.
Your cooperation and assistance in this matter is appreciated.
If you have any questions, please contact the writer at 268 7550.
Yours truly,
Valerie P. Irving, B.Ed., CMMA Chief Administrative Officer
## SCHEDULE B
## To By-Law No. 1517/03
Date.
File No:
Name
Address
Dear
RE: Unsightly/Unsafe Property at (Civic and Legal Address)
Further to my letter of ., this is to advise you that a second inspection of your property at (Civic and Legal address)
conducted on found that it continues to be in violation of the Town of Beausejour's Unsightly Property By-Law No. 1517/03 (the "By-Law").
Specifically, you property contains not been removed. which to date has
Under the authority of Section 242(1) of The Municipal Act, you are hereby
ordered to \_ on orbefore in the event that you do not comply with this order, please note that Section 12 of the By-Law provides as follows:
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 (the Town of Beausejour) by the owner of 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 manner as a tax may be collected or enforced under The Municipal Act.
You may appeal this order in writing by filing with the Chief Administrative Officer of Th Town of Beausejour at any time before the time for compliance with such. order has elapsed an objection substantialiy in the form attached to the By-Law as Schedule C.
I trust you will govern yourself accordingly.
Valerie P. Irving, B.Ed., CMMA Chief Administrative Officer
## SCHEDULE C
## To By-Law No. 1517/03 Being the Unsightly Property By-Law of the Town of Beausejour
## NOTICE OF OBJECTION
To: Town of Beausejour
PLEAE TAKE NOTICE that the undersigned Appellant hereby appeals to the Council of the Town of Beausejour from the Order to \_ (nature of remedy/repair) made by on the (Name and Title of Designated Officer) th day of known as Civic and Legal Address) , 20\_ respecting the premises
Dated at the Town of Beausejour, Manitoba, this \_th day of
(Signature of Appellant)
(Print Name)
(Address)