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TOWN OF CARBERRY
By-law No. 4/2021
BEING A BY-LAW of the Town of Carberry to establish a system to regulate the
condition and maintenance of vacant dwellings and non-residential buildings, and to
establish a process to take title to vacant and derelict buildings, to be known as the
"Vacant and Derelict Building By-Law".
WHEREAS the Town of Carberry is empowered by Part 7, Division 2, Section 232 of
The Municipal Act, RSM 1996, c.M225, to pass a By-Law with respect to the condition
and maintenance of vacant dwellings and non-residential buildings;
AND WHEREAS the existence of unsightly vacant buildings may produce a harmful
visual impact on a streetscape, creates the impression of decline, lowers property
values and raises the likelihood of arson, vandalism, drainage problems and rodent
infestation;
AND WHEREAS the Town of Carberry deems it expedient and in the public interest
to establish a By-Law to regulate the condition and maintenance of vacant, unsafe
and unsightly buildings;
AND WHEREAS Section 247.1 of The Municipal Act provides for a process by which
a Municipality may take title to vacant and derelict buildings;
AND WHEREAS it is necessary to establish a process for issuing preliminary derelict
building orders, second notices and derelict building certificates in respect of derelict
properties pursuant to the provisions of The Municipal Act;
NOW THEREFORE the Council of the Town of Carberry, duly assembled, enacts as
follows:
PART 1: DEFINITIONS
1.
All references herein to "he" shall include "she" unless the context thereof
requires otherwise.
2.
In this By-Law:
BOARDED BUILDING means a vacant structure boarded up in accordance
with Part II of Schedule "B" of this By-Law.
BUILDING means any structure used or intended for supporting or sheltering
any use or any occupancy.
COMMITTEE means the Council for the Town of Carberry, and charged with
the responsibility of hearing and making decisions on appeals to Orders issued
pursuant to the provisions of this By-Law.
DERELICT PROPERTY means property upon which is located a vacant
dwelling or non-residential building that is not in compliance with the provisions
of this By-Law.
DESIGNATED OFFICER means the Fire Inspector, Building Inspector and
Bylaw & Compliance Officer of the of the Town of Carberry, who has been
designated by the Council for the Town of Carberry to conduct fire inspections
within the Municipality, and any employee of the town to whom he has
delegated authority or duty granted or imposed under this By-Law.
DWELLING includes any building, part of a building, mobile home, trailer or
other covering or structure, the whole or any portion of which has been used,
is used, or is capable of being used for the purposes of human habitation with
the land and premises appurtenant thereto and all accessory buildings, fences,
or erections thereon or therein, and every dwelling unit within the building.
INSPECTOR means Fire Inspector, Building Inspector or any other person or
agency employed by or acting for the Municipality and partially or wholly
responsible for the building safety and property standards within the
Municipality.
NON-CONFORMANCE means a condition which does not comply with the
standards established by this By-Law.
NON-RESIDENTIAL BUILDING means any building used for any purpose
other than a dwelling.
OWNER means the registered owner of the land and premises who is
i)
the person that, for the time being, is managing or receiving the rent of
the land or premises in connection with which the word "owner" is used,
whether on his own account or as agent or trustee of any other person;
or
ii)
the person who would so receive the rent if such land and premises
were let; or
iii)
the vendor of such land under an agreement for sale who has paid any
land taxes thereon after the effective date of the agreement; or
iv)
the person that, for the time being, is receiving installments of the
purchase price of the land or premises in connection with which the
word "owner" is used, sold under an agreement for sale whether on his
own account or as an agent or trustee of any other person; or
v)
the person who would so receive the installments of the purchase price
if such land or premises were sold under an agreement for sale.
SECURED BUILDING means any building or structure that meets the
conditions set out in PART I of Schedule "B" of this By-Law.
STANDARDS means the standards prescribed in this By-Law for the
maintenance and improvement of the physical condition and for the fitness for
occupancy of any building or other structure or properties, or parts thereof,
together with the surrounding lands.
UNSAFE BUILDING means any structure that is in an unsafe condition in that
it is open and vacant.
UNSIGHTLY means premises that are in non-compliance with Sections 3, 4,
5, 7 and 12 of Schedule "A" to this By-Law or as otherwise determined by the
Bylaw and Compliance Officer, Fire Inspector or Building Inspector. Any
boarded building is also deemed to be unsightly.
VACANT DWELLING means any building or structure or portion thereof that
is used or intended to be used for the purpose of human habitation that is
unoccupied and is deemed to be unsafe.
PART II - STANDARDS
Requirements for all Vacant Buildings
3.
The owner of a vacant dwelling or non-residential property must ensure that
the premises is in compliance with the standards set out in Schedule "A".
Choice Between Securing or Boarding Up
4.
Vacant or open and unguarded buildings to which entry can be gained shall
be deemed unsafe. The owner of a vacant and open dwelling must ensure
that the dwelling is secure from unauthorized entry by complying with either
Part I or Part II of Schedule "B".
5.
A dwelling may remain boarded up in accordance with Part II of Schedule "B"
for a maximum of Twenty-One (21) days after which the owner shall ensure
that the property and buildings are restored to an acceptable, sightly condition
as determined by the Inspector.
PART III - ORDER TO MAINTAIN
6.(a) Any inspector, duly appointed and authorized for the purpose, may, at all
reasonable times, in accordance with this section, and upon production of the
necessary authority, if demanded, enter upon any building or premises in the
Municipality that is boarded or appears to be vacant for the purpose of
determining:
(i)
whether the building is vacant; and
(ii)
whether the building complies with this By-Law.
(b)
Where the Building Inspector or Designated bylaw Officer wishes to undertake
an inspection, the inspector shall first give reasonable notice to the owner or
occupier of the land or building or other structure to be entered to carry out the
inspection, remedy, enforcement or action, such notice being in writing and
stating a date and time for the inspection which shall not be less than Forty-
Eight (48) hours from the date that the notice is delivered to the owner or
occupier of the land or building or other structure to be inspected. In the event
that the owner or occupier refuses to accept delivery of the notice, or cannot
be located, reasonable notice shall be deemed to have been given provided
that the Designated Officer posts a copy of the notice by fixing it onto the door,
or at any normally used entrance to the land, building or other structure to be
entered by the Designated Officer to carry out the inspection, remedy,
enforcement or action.
(c)
Where the owner or occupier of the land, building or other structure to be
inspected refuses the Designated Officer access to the land, building or other
structure in order that the Designated Officer may carry out the inspection,
remedy, enforcement or action, or avoids service or delivery of the notice of
inspection, the Designated Officer may apply to the Court of Queen's Bench
for an Order under such terms as the Court determines, for entry to the land,
buildings or other structures to be entered to carry out the inspection, remedy,
enforcement or action.
(d)
In the event that the owner or occupier cannot be located, or refuses entry,
and the Designated Officer reasonably concludes that an emergency exists
such that the condition of the land, building or other structure poses a safety
hazard to persons or other property, the Designated Officer may enter upon
the land, or enter the building or other structure without the consent of the
owner or occupier but must produce the necessary authority if demanded by
the owner or occupier.
7. (a) If, as a result of the inspection of any vacant dwelling or non-residential
building, an inspector is satisfied that the vacant dwelling or non-residential
building does not comply to the standards set forth in Schedule "A" to this By-
Law, he may make an Order to Maintain, in a form as set out in Schedule "C"
hereto and subject to an Order Issuance Fee as set out in Schedule "D" hereto,
a copy of which shall be served on the owner by personal service or by certified
or registered mail, mailed to him at his address as shown on the latest
assessment roll of the Municipality. When service cannot be affected either
by personal service or by certified or registered mail, then such Order and/or
placard may be posted on the property subject to the Order.
(b)
If, upon attempt to effect service of an Order to Maintain hereunder, an
inspector learns the owner of the property is deceased then the Order shall be
served upon the executor, administrator, successor or assignee of the
deceased. If such party cannot be located then service shall be affected by
posting the Order on the property subject to the Order.
8.
The Order to Maintain shall contain:
(a) a description of the land, building or premises sufficient to identify it;
(b) the particulars of each non-conformance and the date by which it must be
corrected;
(c) except in the case of an immediately dangerous non-conformance, the final
date for giving notice of objection from the Order;
and may also contain an outline of what action may be taken to make the
vacant dwelling or non-residential property conform to the standards and any
other information that the inspector deems necessary.
9.
Except in the case of an immediately dangerous non-conformance, the date
by which the non-conformance shall be corrected shall be a minimum of
Twenty-One (21) days from the date of service of the Order to Maintain made
pursuant to Section 7. If the Order is served by mail, the Order shall be
deemed to have been served and received by the owner on the day of the date
of receipt thereof shown on the "Acknowledgement of Receipt" form issued by
the Canada Post Office or "Proof of Delivery" form signed by the person
acknowledging receipt thereof.
10.
The Fire Inspector, Bylaw & Compliance Officer or Building Inspector may
postpone the last day when a non-conformance must be corrected as specified
in the Order to Maintain only upon the owner showing that he is making
reasonable efforts to correct the non-conformance, but that full correction
cannot be completed within the time provided because of technical difficulties,
inability to obtain necessary materials or labour, or inability to gain access to
the building unit wherein the non-conformance occurs. Any postponement of
the last day for compliance does not extend the initial Fourteen (14) day period
for appealing the Order; however, the owner does have Seven (7) days from
the date the postponement was granted to appeal the postponement.
11.
Except in the case of an immediately dangerous non-conformance, the owner,
or a person authorized in writing by him to act on his behalf, may appeal any
provision of an Order issued under Subsection 7. (a) by filing with the Chief
Administrative Officer (CAO) a notice of objection within Fourteen (14) days
following the service of a copy of the Order issued pursuant to this By-Law.
12.
Except in the case of an immediately dangerous non-conformance, the filing
of a notice of objection to an Order to Maintain, or any provision thereof as set
out in Section 11 shall operate as a stay of proceedings to correct a hazardous
or non-hazardous non-conformance pending consideration of the appeal by
the Council.
13.
Any failure to comply with a decision or order of the Council is an offence and
is subject to the penalty provisions and such further action as set out in the By-
Law.
14.
Where an owner has failed to comply with an Order either of an inspector or
an Order made by the Council, as the case may be, then the Designated
Officer may cause the non-conformance to be corrected without any further
notice to the owner. The entire costs of correcting the non-conformance, which
can and may include but are not limited to, legal fees, disbursements and
administrative fees, are considered an amount owing to the Municipality
pursuant to the provisions of The Municipal Act and may be collected by the
Municipality in the same manner as a tax may be collected or enforced in The
Municipal Act.
15.
In the case of an immediately dangerous non-conformance, the Designated
Officer may take whatever actions or measures are necessary to eliminate the
non-conformance pursuant to Section 247 of The Municipal Act.
General Offence and Penalty
16.
(a)
Every person who contravenes, or refuses, neglects, omits or fails to
obey or observe any provision of this By-Law is guilty of an offence and liable
on summary conviction to a fine, pursuant to subsection 249(1) of The Act, not
exceeding Five Hundred ($500) Dollars or to imprisonment for a term not
exceeding three (3) months, or to both such a fine and such an imprisonment;
(b)
Every person who obstructs or interferes with an inspector in the
performance of his duties under this By-Law is guilty of an offence and
is liable on summary conviction to the same penalties as set out in
subsection
PART IV - DERELICT BUILDING ORDERS
Preliminary Derelict Building Order
17.
A Designated Officer shall issue a Preliminary Derelict Building Order in
respect of a property if he is satisfied that:
(a) the registered owner of the property has been found guilty of
contravening the Vacant and Derelict Building By-Law; and
(b)
the property continues to be in contravention of the By-Law.
Form of Order
18.
A preliminary Derelict Building Order must be issued in the form set out in
Schedule "D" to this By-Law and must include:
(a) the legal description of the property;
(b) a statement that the property is a derelict property; and
(c) a statement that the property may be transferred to the Town of
Carberry if it is not brought into compliance with the Vacant and Derelict
Buildings By-Law.
Service
19.
The Designated Officer who issues a Preliminary Derelict Building Order must
ensure that a copy of the Order is:
(a) promptly registered against the derelict property at the Brandon Land
Titles
Office; and
(b) personally served on the registered owner of the derelict property and
on every other person who, on the day the order is registered at the
Brandon Land Titles Office, appears from the records to have an interest
in the property.
Time Frame for Compliance
20.
The registered owner shall have a minimum of Ninety (90) days to bring the
property into compliance with the Vacant and Derelict Building By-Law after
this Preliminary Derelict Building Order has been served on the registered
owner.
Right to Appeal
21.
Any person served with a Preliminary Derelict Building Order may appeal
same to the Council. The appeal must be made in writing and must be
received by the Office of the Chief Administrative Officer within fourteen (14)
days after the order has been served on the registered owner.
Second Notice of Preliminary Order
22.
A second notice of the Preliminary Derelict Building Order may be issued by
the Designated Officer if a property continues to remain a derelict property for
more than Thirty (30) days after the day on which the Preliminary Derelict
Building Order was served on all persons required to be served under Section
19.
23.
The second notice of the Preliminary Derelict Building Order must be issued
in the form set out in Schedule "E" to this By-Law, and must include:
(a)
the legal description of the property;
(b)
a statement that the property continues to be a derelict property;
(c)
a statement that if the property is not brought into compliance with the
Vacant and Derelict Buildings By-law within Sixty (60) days, title to the
above noted property may be issued in the name of the Town of
Carberry and the persons being served may be forever stopped and
debarred from setting up claim to or in respect of the property; and
(d)
a statement that the person served with the notice has the right to have
the Council review the Preliminary Building Order or the time period set
out to bring the property into compliance, whereby the request to have
the Council review the order must be made within 60 days after the
second notice is served.
24.
The designated officer must ensure that a copy of the second notice is:
(a)
promptly registered against the derelict property in the Brandon Land
Titles Office; and
(b)
personally served on the registered owner of the derelict property and
on every other person who, on the day the order is registered at
Brandon Land Titles Office, appears from the records to have an
interest in the property.
Substitutional Service of Orders
25.
Where the Town is unable to affect personal service of an order, the
Designated Officer may make application to the District Registrar of the appropriate
Land Titles Office for an order of substitutional service on such terms as the District
Registrar deems appropriate.
Application for Derelict Building Certificate
26.
A Designated Officer may apply to the Council for a Derelict Building Certificate
if:
(a)
a Preliminary Derelict Building Order and a second notice have been
issued, registered and served in accordance with the provisions
contained herein:
(b)
the time period for bringing the property into compliance with the Vacant
and Derelict Building By-law provided in the second notice of the
Preliminary Derelict Building Order has expired;
(c)
the appeal period has expired, or if the Council has reviewed the order
and confirmed same, or varied the order, but the order as varied, has
not been complied with; and
(d)
the Designated Officer is satisfied that the property continues to be in
contravention of the Vacant and Derelict Building By-law.
27.
When applying for a Derelict Building Certificate, a Designated Officer must
provide to the Council, a completed and sworn or affirmed statutory declaration in the
form set out in Schedule "F" to this by-law.
28.
The Council, upon receipt of an application for a Derelict Building Certificate,
may, by resolution, issue the certificate if there is evidence that the property continues
to be a derelict property; and in the opinion of the Council, there is a satisfactory plan
for redeveloping the property.
Application for Title
29.
When a Derelict Building Certificate is issued, the Designated Officer may
(a)
register the certificate against the derelict property in the appropriate
Land Titles Office; and
(b)
apply to the District Registrar for title to the derelict property to be issued
in the name of the Town of Carberry.
30.
Application for title must be made within 120 days after the Council issued the
Derelict Building Certificate.
DONE AND PASSED as a By-Law of the Town of Carberry in the Province of
Manitoba this 11th day of May, 2021
Mayor
Chief Administrative Officer
Read a first time this 13th day of April, 2021.
Read a second time this 11th day of May, 2021.
Read a third and final time this 11th day of May, 2021.
SCHEDULE "A"
TO BY-LAW NO. 4/2021
MAINTENANCE STANDARDS FOR VACANT BUILDINGS
Foundation Walls and Foundation Supports
1. (a) Every foundation wall forming part of a building shall be maintained in good
repair and structurally sound so as to prevent undue settlement of the building
or the entrance of moisture, insects or rodents. Where necessary the
foundation walls shall be so maintained by shoring the walls, installing of
subsoil drains at the footing, grouting masonry cracks and by parging and
waterproofing.
(b) Where any building is on a surface foundation and the inspector is of the
opinion that there is settlement or rotting of the beams or joists to such a
degree as to adversely affect the habitability if the building, he may require that
the building be jacked up, floors be levelled, broken or rotted flooring be
renewed, and a concrete surface foundation be constructed or concrete piers
be installed in compliance with the provisions of the Municipality's Building By-
law.
(c) Basement walls and floors shall be constructed of material impervious to
ground or other external moisture factors. The floor shall be so constructed to
a sewerage system or some other approved system.
Structurally Sound
2. (a) Basement, cellar or crawl space floors shall be maintained in good repair and
structurally sound and where necessary shall be so maintained by the
installation of subsoil drains at the footing, grouting cracks, parging and damp-
proofing.
(b) Every part of a building shall be maintained in a structurally sound condition
so as to be capable of sustaining safely its own weight and any load to which
it may be subject.
(c) Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
(d) The Authority Having Jurisdiction may require that a structural analysis of the
building be carried out by a Professional Structural Engineer licensed to
practice in the Province of Manitoba.
Exterior Walls
3. (a) Every exterior wall shall be free of holes, breaks, loose or rotting boards or
timbers, and any other conditions which might admit rodents, rain or dampness
to the interior portions of the walls or the interior spaces of the dwellings. Such
defective materials or objects shall be removed, repaired or replaced.
(b) All exterior surfaces shall be of materials which provide adequate protection
from the weather.
(c) The exterior walls and their components shall be maintained so as to prevent
their deterioration due to weather and shall be so maintained by the restoring
or repairing of the walls, coping or flashing, by the waterproofing of the joints
and of the walls themselves, or be covered by a protective surface where this
is necessary to resist deterioration of the structural surface.
Roof
4. (a) A roof includes the facia board, soffit, cornice and flashing, and shall be
maintained in a watertight condition so as to prevent leakage of water into the
building. Without limiting the generality of this section, the maintenance
required thereby includes the repairing of eaves troughing and rain water
piping or using other suitable means.
(b) Where the protective surface of a roof consists of wood shingles, they shall be
maintained in good repair to resist their deterioration.
(c) Dangerous accumulations of snow or ice or both shall be removed from the
roof of any building or part thereof.
Doors and Windows
5. (a) Every exterior door to a dwelling, every door to a dwelling unit or housekeeping
dwelling unit, and every door to rooms occupied by roomers, when closed,
shall fit reasonably well within its frame and shall have hardware so as to be
capable of being locked from both inside and outside.
(b) All windows intended to be opened shall have hardware so as to be capable
of being locked or otherwise secured from the inside of the dwelling.
(c) All windows and doors, basement or cellar hatchways and their frames shall
be constructed and maintained in such relation to wall construction as to
completely exclude rain and substantially exclude wind from entering the
structure. Every window shall be properly glazed.
(d) The inspector may when he deems necessary, require that doors, door frames,
window frames, sashes and casings be renewed, or doors and windows be
refitted, weather-stripping be installed, door and window hardware be renewed
and reglazing be done.
(e) Every opening in an exterior wall that is used or required for ventilation or
illumination, and is not protected by a window or door, and could permit the
entry of rodents, or vermin shall be screened with wire mesh, metal grille, or
other durable material, or otherwise protected so as to effectively prevent the
entry of rodents or vermin.
Screens and Storm Doors
6. (a) Close fitting sash screens shall be provided in all windows used for ventilating
purposes from May 1 to November 1 in each year. Such screens shall have
mesh of not less than number fourteen, and shall be maintained in good
condition.
(b) Where considered necessary by an inspector, close fitting screen doors shall
be provided and installed to exterior doorways and shall be maintained in good
condition.
(c) Storm sashes used in windows required for ventilating purposes shall be
provided with sliding or hinged sub-sashes or with any other opening device
satisfactory to the inspector.
(d) Where storm windows are installed in a dwelling, such windows shall be kept
in good repair and glazed.
(e) Where considered necessary by an inspector, properly fitting storm doors or
storm windows shall be provided in a dwelling.
Porches, Sheds, Stairs
7.
Every porch, shed and stairway in, on or appurtenant to a building shall be
maintained in good repair so that no component thereof is broken, loose,
rotted, warped, out-of-plumb, off-level or out of alignment to which it was
designed or constructed, or is without a protective surface.
Guardrails
8. (a) Every interior stair that has more than three risers shall have the sides of the
stair and the landing or floor level around the stair well enclosed by walls or
protected by handrails or guards, except that a stair to an unfinished basement
or cellar may have one unprotected side.
(b) Handrails and guards for stairs shall be not less than 800 mm and not more
than 920 mm above a line drawn through the outside edges of the stair nosings
and 1020 mm above landings.
(c) Every exterior stair with more than 3 risers and every exterior landing or porch
600 mm or more above grade, and every balcony, mezzanine, gallery, raised
walkway, and roof, to which access is provided for other than maintenance
purposes, shall be protected by guards on all open sides.
(d) Guards around roofs shall be at least 1070 mm in height. All other guards shall
be at least 920 mm in height.
(e) Openings through a guard shall be of a size as to prevent the passage of
spherical objects having a diameter of 100 mm in residential occupancies and
200 mm in all other occupancies.
(f)
All handrails and guards shall be maintained in good repair firmly attached so
as to provide adequate protection against accident and injury.
Walls and Ceilings
9. (a) Every wall and ceiling in a dwelling shall be maintained in good condition and
free from holes, large cracks, loose plaster and accident hazards.
(b) The inspector where he deems necessary may require that wood trim be
renewed.
Floors
10. (a) Every floor shall be free of loose, warped, protruding or rotting floor-boards,
shall be free of wide dirt-harbouring holes or cracks and other defects that are
fire or accident hazards, and shall be maintained in a clean and sanitary
condition.
(b) Floor coverings shall be in good repair, well fitted and capable of being easily
kept clean.
(c) The floor and walls to a height of 400 mm above the floor or bathtub, of every
bathroom, shower room and toilet room shall be maintained reasonably
resistant to water and in such condition as to permit easy cleaning.
Sewage and Drainage
11. (a) No roof drainage or surface drainage shall be discharged on stairs or
neighbouring property and all such drainage shall be conveyed so as not to
cause dampness in the walls, ceilings, or floors of any portion of the building
itself or any adjacent building.
(b) Sewage shall be discharged only into a sewerage system in accordance with
the provisions of the Municipality's Sewer By-law.
(c) Sewage shall not be discharged onto the surface of the ground whether into a
natural or artificial drainage system or otherwise.
(d) Rainwater shall not be discharged into the municipal Sewerage System by
means of conduit. Such drainage shall be directly or indirectly channelled into
the storm sewer system or into surface drainage channels. Drainage by way
of weeping tiles into the municipal Sewerage System shall not be allowed.
Maintenance of Property
12. (a) A property shall be kept free and clean from:
(1)
rubbish, garbage, and other debris;
(2)
wrecked,
dismantled,
partially
dismantled,
inoperative,
discarded, abandoned or unused vehicles, trailers and other
machinery or any parts thereof;
(3)
objects and conditions, including holes and excavations, that are
health, fire or accident hazards.
(b) A yard shall be graded in such a manner at to prevent the excessive or
recurrent ponding of storm water or the entrance of water into a basement or
cellar and shall be cultivated or protected with a suitable ground cover to
prevent erosion of the soil.
Walks
13. (a) A walk shall be provided from the principal entrance of every building to a
public street or to a driveway affording access to a public street and such walk
shall be kept reasonably clear of snow and ice.
(b) Every sidewalk, driveway and parking space and all exterior steps shall be
kept in good repair and shall be maintained so as to afford safe passage under
normal use and weather conditions.
Fences and Accessory Buildings
14.
All fences and accessory buildings shall be kept weather resistant, in good
repair, and free from health, fire and accident hazards.
Garbage Disposal
15.
Garbage disposal shall be in accordance with the Town's Solid Waste
Collection and Disposal policies.
Unsafe Conditions and Dangerous Buildings
16.
When a building or structure or part thereof, or a well, excavation, or opening,
is in an unsafe condition, an Inspector may proceed to take action pursuant to
the provisions contained in the Municipality's Building By-law as it relates to
unsafe conditions.
Hazardous Conditions
17.
No dwelling, or any part thereof, or the lot upon which it is situated shall be
used as a place of storage, keeping or handling of any article, except under
such conditions as may be prescribed by the Fire Chief under authority of a
written permit issued by him.
SCHEDULE B
TO BY-LAW 4/2021
PART I - REQUIREMENTS FOR SECURED BUILDINGS
A dwelling shall be secured in accordance with the following requirements:
(a)
every exterior door to the dwelling is operational, fits tightly within its
frame when closed and is locked as to prevent entry;
(b)
all windows are either permanently sealed or locked, but not boarded,
so as to prevent entry;
(c)
all windows, doors, basement and attic hatchways and their frames are
so constructed and maintained to completely exclude rain and
substantially exclude wind from entering the structure;
(d)
all exterior walls must be free of holes, breaks, loose or rotting board or
timbers and any other condition which might admit insects, rodents or
other pest to the interior of the wall of the interior of the dwelling;
(e)
every window is kept in good repair, and properly glazed; and
(f)
integral operational systems and all life safety requirements in a
building or structure or portion thereof, including but not limited to fire
protection systems electrical, plumbing and mechanical systems
including structural sufficiency and all life safety requirements shall be
maintained in a functional state. Required testing and inspection reports
are to be supplied to the Building Inspector and the Fire Prevention
Officer of the Town of Carberry upon request.
PART II - REQUIREMENTS FOR BOARDED BUILDINGS
A dwelling shall be boarded up in accordance with the following requirements:
(a)
doors, windows and other openings at the basement and first floor
levels shall be covered with a solid piece of plywood, at least 11 mm
thick and the plywood shall be secured with nails at least 50 mm long,
spaced not more than 150 mm on centre;
(b)
unless otherwise accepted by the Authority having jurisdiction, all
doors, windows and other openings on the second and third floors shall
be covered with a solid piece of plywood, at least 8 mm thick. This
plywood shall be adequately nailed or otherwise secured;
(c)
plywood applied to openings shall be installed from the exterior, shall
be fitted within the frames in a manner accepted as good workmanship,
and shall be painted with two coats of white paint on the exterior side;
(d)
openings that are not covered with plywood shall be cleared of broken
glass and any other loose material;
(e)
exterior access to floor areas above the first floor, such as fire escapes
and ladders shall be:
(1)
removed up to the second-floor level or to a height of 4 metres
above the ground, whichever is lesser, or
(2)
guarded to the satisfaction of the Authority having jurisdiction;
(f)
openings to passageways shall be adequately secured and protected.
Openings in a street or sidewalk to any passageways shall be covered
with an appropriate metal plate, having a thickness not less than 8 mm
and the plate shall be anchored or secured to prevent it from shifting.
Alternatively, the areaway may be filled with concrete or unshrinkable
fill to the satisfaction of the Authority having jurisdiction;
(g)
facia signs, overhanging signs, roof signs and all other appurtenances,
such as sun visors or awnings, shall be removed if they are in a
dangerous condition or could create such a condition;
(h)
all loose material on the exterior of the building shall be removed and
any condition which may become a hazard or danger to the public shall
be corrected;
(i)
all utilities, such as hydro, gas and water, shall be cut off or shut off to
the satisfaction of the utility concerned
SCHEDULE "C"
TO BY-LAW NO. 4/2021
ORDER TO MAINTAIN (Issued by Building Inspector)
TO:
, as registered owner
FROM: THE TOWN OF CARBERRY, MANITOBA
PURSUANT to The Town of Carberry Vacant and Derelict Building By-law
No.4/2021, an Inspector for the Town of Carberry has inspected the land,
building and premises commonly known as:
, in the Town of Carberry Manitoba
Civic address
said property being legally described as:
Legal Description and Roll Number
the registered owner of the said property being:
Name of Registered Owner
And as a result of this inspection, the Inspector is satisfied that the land,
building, and premises do not comply with the standards prescribed in the said
By-law in that:
List of Non-Compliance Items
The above are contraventions of Section(s)
List Section Numbers of By-Law Contraventions
PURSUANT to SECTION 7 of the said By-law, ,
Name of Inspector
being an Inspector of the Town of Carberry herewith orders you to bring the
property into conformity with the provisions of the said by-law and herewith
orders you to bring the said property into conformity with the provisions of the
said by-law within
days from the date of service of this Order.
A BUILDING PERMIT UNDER THE TOWN OF CARBERRY BUILDING BY-
LAW WILL BE REQUIRED TO DO THE WORK NECESSARY TO COMPLY
WITH THE VACANT AND DERELICT BUILDING STANDARDS BY-LAW.
PURSUANT to SECTION 11 of the said by-law, the owner(s) or a person
authorized in writing by him/her to act on his/her behalf, may appeal this Order
or any provisions hereof by filing with the CAO, a NOTICE OF OBJECTION
within FOURTEEN (14) DAYS following the service of this Order.
SECTION 14 of the said by-law provides:
"Where an owner has failed to comply with an Order either of an inspector or
an Order made by the Committee, as the case may be, then the Authority
having jurisdiction may cause the non-conformance to be corrected without
any further notice to the owner. The entire costs of correcting the non-
conformance are considered an amount owing to the municipality as per
provisions of The Municipal Act and shall be added to the taxes of the owner."
SIGNED at the Town of Carberry, Manitoba, this
day of
, A.D 20
.
THE TOWN OF CARBERRY
PER:
(INSPECTOR)
APPEAL PROCESS
You may have a right to appeal this Order to the Council of the Town of Carberry.
Your appeal must be in writing and must be received by the Municipal Office, 316 4th
Avenue, within ninety (90) days after this order has been served in accordance with
the Municipal Act.
All appeals shall be heard and decided in Council on a specific date. Council will
retain the right to suspend the Order, grant an extension, vary the Order or proceed
to make an agreement under the Zoning Bylaw to facilitate compliance.
WARNINGS AND ORDERS
That Non-compliance or failure on the part of the property owner to comply with this
bylaw shall result in the Town of Carberry taking action as necessary, to bring the
property into compliance.
All remedies and cost incurred to achieve compliance by the Town, shall be at the
expense of the owner and a debt owed to the Town of Carberry.