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Gilbert Plains Municipality
By-Law #2020-09
Being a by-law to establish minimum standards of maintenance for dwellings, structures, properties,
and unused vehicles
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; ...
(c)
subject to section 233, activities or things in or on private property;
(c.1) subject to section 233.1, the condition and maintenance of vacant dwellings and non-
residential buildings;...
(f)
property adjacent to highways or municipal roads, whether the property is publicly or
privately owned;... the enforcement of by-laws;
232(2)
Without limiting the generality of subsection (1), a council may in a by-law passed under
this Division
(a)
regulate or prohibit;...
(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 232(1)(c) (activities or things in or on private property) may contain
provisions only in respect of
(a) the requirement that land and improvement be kept and maintained in a safe and clean
condition;
(b) the parking and storing of vehicles, including the number and types of vehicles that may be
kept or stored and the manner of parking and storing;
(c) the removal of top soil; and
(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.
233.1(1) A by-law under clause 232(1)(c.1) (vacant dwellings and non-residential buildings) may
establish a system to regulate the condition and maintenance of vacant dwellings and
non-residential buildings, and may include provisions respecting
(a) the manner in which the dwellings or buildings must be secured by owners, or, on default,
may be secured by the municipality;
(b) inspections by the municipality of the condition of the dwellings or buildings, including their
interior condition; and
(c) the length of time that dwellings or building may remain boarded up.
234
Without limiting the generality of clause 232(1)(f) (property adjacent to highways or
municipal roads), a by-law passed under that clause may include provisions respecting
signs, survey monuments, landscaping and setbacks, including
(a) the growing of trees and shrubs and the construction of improvements;
(b) the control and removal of trees, shrubs, weeds, grass, snow, ice and obstructions; and
(c) the construction, repair and removal of fences and snow fences.
236(1)
Without limiting the generality of clause 232(1)(o) (enforcement of by-laws), a by-law
passed 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)
creating offences,
(ii)
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 relates to a fee, rate, toll, charge, or cost
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that is associated with the conduct that gives rise to the offence, or related to
enforcing the by-law,
(iii)
providing that an amount owing under sub clause (ii) may be collected in any
manner in which a tax may be collected or enforced under this Act,
(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 sub clause,
(vi)
imposing a sentence of imprisonment for not more than six months for the
commission of offences or non-payment of fines.
AND WHEREAS it is deemed expedient to pass a By-law for the purpose of maintaining a standard of
maintenance for dwellings and other structures, and regulating and abating nuisances, unused
vehicles, litter, and unsightly properties.
NOW THEREFORE the Council of the Gilbert Plains Municipality in Council assembled enacts as a by-
law as follows:
THAT this by-law shall be known as the Property Standard By-Law.
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PART ONE
DEFINITIONS
1.
DEFINITIONS
Animal has the same meaning as in The Animal Care Act.
Animal and Agricultural Waste means manure, crop residues and like material from agricultural
pursuits, stables, kennels, veterinary establishments and other such premises.
Ashes means residue from the burning of wood, coal and other like material.
Building means any structure used or intended for supporting or sheltering any use or occupancy.
Building Envelope means the physical barrier between the exterior and interior environments
enclosing a structure. This includes, but is not limited to: walls, siding, cladding, stucco, windows,
doors, roofing, or any other product or material meant to serve a similar purpose.
Construction and Demolition Waste means waste building materials and rubble resulting from
construction, remodelling, repair, demolition, or fire in houses, commercial buildings, driveways,
pavement and other structures.
Designated Officer means a person prescribed by bylaw of the Gilbert Plains Municipality as a
Designated Officer, and includes but is not limited to the Bylaw Enforcement Officer, Building
Inspector, Fire Inspector, or any other person or agency employed by or acting for the Gilbert
Plains Municipality and partially or wholly responsible for public safety, fire safety, building
safety, and/or property standards within the Gilbert Plains Municipality.
Director of Public Works and Operations means the manager in charge of the Public Works and
Operations Department for the Municipality, or any person duly appointed to act in his stead.
Dwelling means a building or portion of a building designed for and intended to be used for
residential occupancy. It does not include establishments for commercial accommodation.
Dwelling Unit means a building or portion of a building designed or used for residential occupancy by a
single family, including cooking, eating, living, sanitary and sleeping facilities.
Fence means a railing, wall or other means of enclosing a Yard and includes barriers and
retaining walls.
Garbage means animal and vegetable waste, including food packaging material and residual
food materials, resulting from the handling, preparation, cooking and serving of foods in
households, institutions and commercial concerns; and market wastes resulting from the
handling, storage and selling of foods in wholesale and retail stores and markets.
Hazardous Waste means a product, substance, or organism that
(a)
is prescribed, designated, or classified as hazardous waste in the regulations, or
(b)
by its nature conforms to the classification criteria for one or more classes of hazardous
wastes set out in the regulations. (The Dangerous Goods Handling and Transportation Act and
Regulations)
Health Hazard means
(a)
a condition of a place or premises;
(b)
a plant, animal, or other organism;
(c)
a substance or thing;
(d)
a solid, liquid, or gas, or any combination of them; or
(e)
an activity, condition, or process;
that presents or might present a threat to public health.
(The Public Health Act)
Industrial Refuse means wastes arising from, or incidental to the manufacture, processing or
like operation in factories, processing plants, industrial processes and manufacturing
operations and includes wastes such as putrescent garbage from food processing plants and
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slaughterhouses, condemned foods and products, cinders and ashes from power plants and
large factories, and miscellaneous manufacturing wastes.
Liquid Waste means waste products in a liquid form.
Litter means waste products that have been disposed of improperly at an inappropriate location;
usually unsightly; likely to cause a public health hazard or nuisance; unacceptable and/or offense in
light of community standards of cleanliness or generally accepted neighbourhood aesthetics.
Litter Receptacle means a container in which the public may deposit litter.
Mechanical Refuse means parts from or unusable, discarded or abandoned machinery equipment or
vehicles.
Nuisance means any condition which is or may become injurious or prejudicial to health or hinder the
suppression of disease, or which is offensive.
Occupier means a person who, with respect to a piece of land, is a lessee, licensee, invitee, permittee,
purchaser, homesteader, pre-emption entrant or squatter and includes a party claiming through or
under such person (The Municipal Assessment Act)
Order means an order as outlined in this bylaw, and includes but it not limited to an Order to
Demolish, Order to Repair, and Order to Comply.
Registered Owner means, in respect of land, a person who
(a)
is the owner of an estate in fee simple in land that is subject to The Real Property Act
(b)
is the owner of an estate in fee simple in land that is not subject to The Real Property Act and
who is the grantee named in a valid conveyance of land that is registered under The Registry
Act, or
(c)
is registered under The Condominium Act as the owner, as defined in that Act, of a unit under
that Act (The Municipal Assessment Act)
Person means any person, firm, partnership, association, corporation, company or organization,
of any kind.
Premises include a building or accessory building and any lands on which the building is situated.
Property has the same meaning as in The Municipal Assessment Act.
Protective Surface includes any layer of material over the structural surface of a building intended or
required to protect the structural surface against deterioration or to decorate the structural surface
and without limiting the generality of the foregoing, includes paint, varnish, stucco, brick or stone
facing, wood or asphalt shingle and any kind of siding.
Public Area means any area owned or operated by private or public interests, but excluding
those areas referred to as a Public Place, that is used or held out for the use by the public,
including but not limited to school grounds, parking lots, and the necessary passage ways
thereon, road ways and pedestrian ways on private property.
Public Place means any and all roadways, sidewalks, boulevards, alleys or other public ways and any
and all public parks, squares, spaces, grounds and buildings which are owned by or under the control
and jurisdiction of the Municipality.
Repair includes taking the necessary action to bring any building or other structure up to the
standards required by this bylaw.
Roadway has the same meaning as in The Highway Traffic Act.
Shopping Cart is any wagon, cart or device designed to be either drawn or propelled by means
of human power and intended principally for the conveyance of produce or merchandise in
and about retail stores.
Solid Waste means litter that is solid or semi-solid, but does not flow.
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Standards means the rules prescribed in this bylaw for the maintenance and improvement of the
physical condition and of any building or other structure or properties, or parts thereof, together with
the surrounding lands.
Structure means anything constructed or erected on the ground or attached to the ground,
including but not limited to buildings, walls, fences, signs, billboards, poster panels, light
standards and similar items.
Tarpaulin means a heavy waterproof canvas or synthetic fabric/material used for covering.
Truck Tractor means a motor vehicle having a net weight of more than 4,000 kilograms,
equipped with the lower half of a fifth wheel coupler designed to be used to pull a semi-trailer
by coupling the king pin attached to the semi-trailer. Another word for a truck tractor is semi-
truck.
Unused Vehicle means any vehicle that:
(a)
is not in operating condition; or
(b)
cannot meet safety standards as legislated by the Province of Manitoba from time to time;
and does not have attached and exposed thereon one or more permit plates for the current registration
year that legally allows it to be driven on a public roadway under The Highway Traffic Act, or has not had
such registration in the last 12 months. The term "unused vehicle" also refers to abandoned vehicles,
vehicles kept for parts/scrap/salvage, and parts of vehicles. Another name for an unused vehicle could be
a derelict vehicle.
Vehicle means a device, in, upon, or by which a person or thing is or may be transported or drawn
upon a roadway but does NOT include
(a)
a device designed to be moved solely by human muscular power or used exclusively upon
stationary rails or tracks, or
(b)
a motorized mobility aid as defined in The Highway Traffic Act.
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PART TWO
STANDARDS
2.
LITTER ON PUBLIC PROPERTY
(a)
No person shall sweep, dump or otherwise deposit litter into any gutter, boulevard, roadway
or other public place without the permission of the Designated Officer.
(b)
Persons owning or occupying property shall keep the sidewalk and boulevard in front of
and flanking, and the lane at the rear of their property, free of litter.
3.
PROPERTY STANDARDS
(a)
Items in Yards
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:
(i) Litter ;
(ii) household appliances, whether or not the same are capable of operation and/or
furniture;
(iii) the growth of weeds as defined in The Noxious Weeds Act so that the same become a
nuisance to adjoining properties;
(iv) construction/renovation waste;
(v) the growth of grass to a length which exceeds five (5) inches; and
(vi) wrecked, dismantled, partially dismantled, inoperative, discarded, abandoned or
unused vehicles, trailers and other machinery or any part thereof.
Whenever litter is thrown, deposited, dropped, blown, or dumped onto private or public property, it
shall be prima facie evidence that the owner of such litter has violated this bylaw.
(b) Trees, Shrubs, Weeds
No person owning or occupying private property shall allow any part of a tree, shrub or sapling, foliage
or vegetation, including flowers, growing thereon to extend over or upon any roadway, sidewalk, or
back lane so as to interfere with, impede, or endanger persons using such roadway, sidewalk, or back
lane, or from vehicles and maintenance equipment travelling or using same. When deemed necessary
for the convenient and safe use of a roadway, sidewalk, or back lane, the Bylaw Enforcement Officer
may give notice as per Part Four of this bylaw.
If noxious weeds, as outlined in The Noxious Weeds Act, are present on a property, the Noxious Weed
Inspector will provide up to seven (7) days of notice to the occupant/owner to remove, cut, or
eradicate such noxious weeds. If the work ordered in the notice is not performed by the
occupant/owner within the time frame specified, as per The Noxious Weeds Act, the Municipality will
perform said work and charge the occupant/owner.
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(c)
Boulevard Maintenance
It is the owner/occupier's responsibility to maintain the lawn on the boulevard adjacent to their
property.
(d)
Depositing Snow, Leaves, or Other Similar Materials on Roadways (including back lanes)
Notwithstanding any other bylaw of the Municipality, owners/occupiers may not deposit snow,
leaves, or other similar materials onto a roadway or back lane.
(e)
Truck Tractors on Residential Property
Truck tractors are not permitted to park in residential areas in such a manner as to constitute an
obstruction or hazard on a roadway, and shall in no circumstances be permitted to idle for more than
1 hour.
4. BUILDING AND OCCUPANCY STANDARDS
(a)
Drainage
No roof drainage or surface drainage shall be discharged on stairs or neighbouring property. A roof,
including the fascia board, soffit, cornice and flashing shall be maintained in a watertight condition so
as to prevent leakage of water, and 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. Without limiting
the generality of this section, the maintenance required thereby includes the repair of eavestroughs
and rainwater pipe, or using other suitable means.
(b)
Pest Prevention
Every building shall be maintained free of rodents, vermin and insects at all times and methods used
for exterminating rodents, vermin or insects shall conform with generally accepted practice in the
Municipality as determined by the Designated Officer.
(c)
Sound Structures
(i) 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 of the walls, installing of subsoil drains at the footing, grouting
masonry cracks and by parging and waterproofing.
(ii) Where any building is on a surface foundation and the Designated Officer is of the
opinion that there is settlement or rotting of the beams or joists to such a degree as to
adversely affect the occupation of the building, he may require that the owner hire at
his/her cost, a professional engineer to verify the structural integrity in compliance with
the provisions of the Manitoba Building Code and any amendments thereto
(iii) 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
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(d)
Exterior Surfaces and Openings in Dwellings and Structures
All exterior surfaces and openings shall be of materials which provide adequate protection from
the weather.
The building envelope of every building and structure shall be maintained in good repair such
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.
(e)
Structures, Porches, Sheds, Stairs and Fences
Every structure, porch, shed, stairway, deck, and fence, in or on any premises, 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.
(f)
Health Hazards
(i) No person shall commit any nuisance nor permit or maintain any health-hazard
condition in any premises within his control or management, nor shall he permit the
existence of any condition, matter or thing which, in the opinion of the Designated Officer,
provides or may provide food or harborage for rodents, vermin or insects.
(ii) No person shall occupy or let to another for occupancy, any dwelling unit or portion
thereof which is not clean and sanitary.
(iii) No dwelling, or any part thereof, or the lot upon which it is situated, shall be used as a
place for storage, keeping or handling of any article dangerous or detrimental to life or
health.
(iv) The Designated Officer is authorized under Section 239 of The Municipal Act, with or
without the consent of the owner or occupier, to enter upon and inspect premises where
there is, in the opinion of the Designated Officer, an emergency or an extraordinary
condition.
5. UNUSED VEHICLES
(a) It is an offence for any owner, occupant, or person in charge of or in control of private
property to keep, or allow to be kept, on that property any unused vehicle, unless the vehicle
is registered with the Municipality and in compliance with this bylaw, and the storage fee is
paid.
(b) Unused vehicles that are properly permitted for storage on a property must be parked at the
rear of the property and neatly protected with a covering/tarpaulin in reasonable repair, or
stored in a manner acceptable to the Designated Officer.
(c) A property may not house more than two unused vehicles at any time. An unused
vehicle may be permitted for 12 months, and then subject to a review by the Chief
Administrative Officer, may receive a permit for an additional 12 months; there is a
fee associated with the storage, as per Schedule D. An unused vehicle may not remain
in the Municipality, in that condition, for more than 24 months
(d) Section 5 (a) shall not apply to any person lawfully engaged in operating a garage, auto
wrecking business, used car lot, scrap business, or other similar commercial use, providing
they are operating in accordance with the provisions of the Zoning Bylaw.
(e) Section 5 (a) shall not apply for those properties farther than a distance of 800 meters
outside the limits of the town of Gilbert Plains or the Village of Ashville, as noted by the
"Town Limits" lines on maps 1 and 2 shown in Schedule E.
The application for a Permit for Storage of Unused Vehicle(s) is outlined in Schedule D.
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6. PLACES OF BUSINESS AND SPACES OPEN TO THE PUBLIC
Persons owning or occupying places of business shall keep their property, as well as the sidewalk
and boulevard in front of and flanking, and the lane at the rear of their business premises, free of
litter.
Owners and tenants in lawful control of a public space are to provide litter and recycling receptacles
in appropriate and easily accessible locations and are responsible for the servicing and maintenance
of these receptacles.
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PART THREE
GENERAL REQUIREMENTS
7.
POSTING ORDERS
Where a Designated Officer has placed or caused to be placed, a copy of an order upon any premises
under the authority of this bylaw, no person shall remove such copy of the order except with the
consent of the Designated Officer.
8.
MUNICIPALITY PERFORMING PRESCRIBED ORDER
Where an owner/occupier of any property fails to make the property conform to standards or
comply with an order as directed by the Designated Officer or Noxious Weed Inspector, the
Municipality may make the property conform or may perform the work as outlined in the order.
The costs associated with the work will be an amount owing to the Municipality by the
occupier/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 and added to the
owner's taxes. Notwithstanding the foregoing, the Municipality may also choose at their
discretion to prosecute in addition to the above.
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PART FOUR
ADMINISTRATION AND ENFORCEMENT
9. ADMINISTRATION OF PROPERTY OFFENCES
(a) Investigation
Investigations under this bylaw shall be completed by the Designated Officer who may investigate
on a complaint basis and/or regular patrol of the Municipality. Upon discovering issues that need
addressing, the Designated Officer may issue an Enforcement Notice, asking for the issue to be
rectified within 5 -- 7 days.
(b)
Notice of Violation (Schedule A)
Upon inspection or upon expiration of an Enforcement Notice, if the Designated Officer determines
that a premise does not comply with the requirements of this bylaw, the Designated Officer shall issue
a Notice of Violation (Schedule A) respecting same and provide it to the occupier of the premises.
The Notice of Violation is to be forwarded by regular mail and contain the following:
(i)
The names of the registered owner and/or occupier of the premises.
(ii)
Description and location of premises.
(iii)
A description of the situation in contravention of the bylaw and which section of the
bylaw has been contravened.
(iv)
Remedial work required.
(v)
The length of time allowed to remedy the situation.
(c) Order to Comply (Schedule B)
In the event that the action specified in the Notice of Violation has not been taken by the specified
date, an Order to Comply (Schedule B) shall be directed to the occupier and registered owner, and
contain:
(i)
Action required to be taken in order to remedy the contravention, including, if applicable,
an order to demolish all or part of the premises;
(ii) The final date specified for remedying contravention, at least twenty-one (21) days from
the date of the Order to Comply;
(iii) The final date for filing a Notice of Objection/Appeal to the Order to Comply by the
registered owner and/or occupier; (being at most 21 days from the date of the Order
to Comply);
(iv) That the occupier's/owner's noncompliance would result in the Municipality carrying out
the terms of the Order to Comply as issued by the Designated Officer and that any costs
incurred by the Municipality would be an amount owing to the Municipality and charged
to the Owner as Part 4, Section g(a) of this bylaw;
(v) A copy of the Notice of Objection/Appeal (Schedule C);
(vi) A copy of the penalty provision of this bylaw; and
(vii) Such other information or direction as the Gilbert Plains Municipality deems
appropriate.
(d) Manner in Which to Serve an Order to Comply (Schedule B)
The Municipality shall serve the original Order to Comply (Schedule B) issued under this Part on the
occupier(s), and owner(s) if different than the occupier(s), of the subject premises in one or more
of the following manners:
(i)
Personal service on the owner(s) and/or occupier(s) or on any officer, director or
attorney for service of same;
(ii)
Certified mail service on the owner(s) and/or occupier(s) or on any officer, director
or attorney at the last known address;
(iii) Registered mail service on the owner(s) and/or occupier(s) or on any officer, director
or attorney at the last known address;
(iv) E-mail service on the owner(s) and/or occupier(s) or on any officer, director or attorney
at the last known email address;
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(v)
Fax service on the owner(s) and/or occupier(s) or on any officer, director or attorney at
the last known facsimile number; or
(vi) Attaching same to a prominent place on the subject premises.
Personal service shall be deemed to have been effected on the date of service.
In all other manners of service, whether inside or outside the Province of Manitoba, service shall
be deemed to have been effected on the 5th day after the document has been mailed, e-mailed,
faxed or attached.
If for any reason, written notice cannot be given as outlined above, notice may instead be given by
posting it in the Municipality's Office and on the property and/or vehicles in question for at least
fifteen (15) days.
(e)
Notice of Objection/Appeal (Schedule C)
If an owner/occupier either does not agree with the issuance of an Order to Comply (Schedule B) or the
timeline provided, they may respond back to the Municipality by the prescribed date (which will be at
least 21 days after the issuance of the Order to Comply), asking for the Order to Comply to be reviewed
at an Appeal Hearing.
When a property owner files a Notice of Objection/Appeal (Schedule C) with the Municipality, the
following occurs:
(i) An appeal of the Order to Comply is deemed to be commenced.
(ii) The Municipality shall set a date, time and place for the appeal hearing and serve notice of
same on the appellant by registered mail.
(iii) The appeal shall be heard by the Council of the Gilbert Plains Municipality.
(iv) The hearing may be adjourned from time to time as Council may decide.
(v) If the appellant fails to appear at the Appeal Hearing, the appeal shall be dismissed, the Order
to Comply automatically affirmed, and the enforcement reinstated retroactive to the dates
specified therein.
(vi) After hearing the appeal, Council may:
(a) Affirm the Order to Comply;
(b) Rescind the Order to Comply if the appellant has since complied; or
(c) Vary the Order to Comply at its discretion.
Council's decision is final on the issue and not subject to further appeal.
Where the Designated Officer deems that any condition or situation existing in a public place or in a
public area or on private property of another person may be a nuisance, emergency, immediate
dangerous concern and or a health concern, the owner shall have no right to file a Notice of
Objection.
10. REMEDIAL WORK
(a)
Remedial Work Carried Out by Municipality on Private Property
Where any owner, agent, lessee or occupier who has been given a Notice of Violation, Order to
Comply, or direction by the Designated Officer to do any act or thing to remedy any situation or
condition existing on his or her property which is in contravention to any part of this bylaw, and
who neglects or refuses to comply with such notices, orders, or directions within the time specified,
the Designated Officer may order the work to be performed by the Municipality or its agent, and
charge the cost of said work and any other costs incurred for the enforcement of this bylaw, to the
owner, agent, lessee or occupier, and in default of payment:
(i) recover the cost and any other costs incurred for the enforcement of this bylaw as a debt
due to the Municipality; or
(ii) charge the cost and any other costs incurred for the enforcement of this bylaw against the
land concerned in the same manner as a tax may be collected or enforced under this bylaw;
or,
(iii) both (i) and (ii).
(b)
Remedial Work Carried Out by Municipality in Public Places, Public Areas and on Private Property
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Where any person who has been given a Notice of Violation, Order to Comply, or direction by the
Designated Officer to do any act or thing to remedy any situation or condition existing on a public
place, public area, or on private property of another person which is in contravention to any part
of this bylaw, and who neglects or refuses to comply with such notices, orders, or directions within
the time specified, the Designated Officer may order the work to be performed by the
Municipality or its agent, and charge the cost of said work and any other costs incurred for the
enforcement of this bylaw, to the person or agency in receipt of such notice, order, or direction,
and in default of payment:
(i) recover the cost and any other costs incurred for the enforcement of this bylaw as a debt
due to the Municipality; or
(ii) charge the cost and any other costs incurred for the enforcement of this bylaw against the
land concerned in the same manner as a tax may be collected or enforced under this bylaw;
or
(iii) both (i) and (ii).
(c)
Emergency, Nuisance and/or Health Concern
Where the Designated Officer deems that any situation or condition existing in a public place or in a
public area or on private property may be a nuisance, emergency, immediate dangerous concern
and/or a health concern, the Designated Officer may waive the appeal procedure and order the
Municipality to carry out the remedial work and charge the cost of the work done as per Part Four,
Item 10 (a) & (b) above.
(d) Entry Upon Property
The Municipality and its employees and agents, with reasonable notice, may enter upon any property
whether private or public, to investigate (including gathering photographic evidence for records)
and/or remedy a contravention of this bylaw.
(e) Evacuation
The Municipality may order the evacuation of all persons from a premise and close the premises
until conformance is achieved, and incidental thereto, the Municipality has the right to enter upon
the premises and use reasonable force to remove all occupants therefrom.
11.
UNUSED VEHICLES
(a)
Proper Storage of Unused Vehicle; First 12 Months
Notwithstanding Part Two, Item 5 of this bylaw, an owner, occupant, or person in charge of or in
control of private property may make application to the Municipality for approval of a permit. The
yearly permit fee is set out in Section D of this bylaw. The permit is valid for a maximum of 12
months, prorated per quarter, and payable in advance.
(i)
Unused vehicles that are properly permitted for storage on a property must be parked at
the rear of the property and neatly protected with a covering/tarpaulin in reasonable
repair, or stored in a manner acceptable to the Designated Officer.
(ii)
A property may not house more than two unused vehicles at any time.
(iii) An unused vehicle may not remain in the Municipality, in that condition, for more than
12 months.
(b) Property Storage of Unused Vehicle; Additional 12 Months
Notwithstanding Part Four Item 11(a) of this bylaw, a request for an extension of up to 12 additional
months may be made in writing to the Chief Administrative Officer (CAO), where the application will be
reviewed by the Municipality's Administration before granting the request. The yearly fee, prorated per
quarter, and payable in advance, continues to apply.
14
(c)
Enforcement for Improperly Stored Unused Vehicles
Any unused vehicle on a property found contrary to the provisions in this bylaw may result in the
property owner being given 30 days to apply for and receive a permit with the municipality, or
receive a Fine under Part Five Section 14 of this bylaw, and/or the unused vehicle in question may,
upon direction from the Designated Officer, be removed by the Municipality and impounded for a
period of 45 days.
(i) The owner of the unused vehicle may recover the impounded unused vehicle by paying
the invoice/Fine, the costs for removal, and impoundment.
(a)
If the vehicle can lawfully remain in the Municipality as an unused vehicle, the
unused vehicle must be permitted as per this bylaw.
(b)
If the vehicle cannot lawfully remain in the Municipality as an unused vehicle, the
unused vehicle must be removed from the Municipality.
(ii)
All costs for removal and impoundment of the vehicle are the responsibility of the vehicle
owner. If these costs are not paid in response to the Permit Fee mentioned in Part Four,
Section 11(a) of this bylaw, the Municipality may add these costs to that property's taxes.
(iii) In the event that the unused vehicle is not claimed during the impoundment period, the
Designated Officer may destroy or otherwise dispose of the unused vehicle. Where
disposal of the unused vehicle generates more revenue than the outstanding costs owing
to the Municipality, any excess monies will be released to the owner of the vehicle, and
failing that, the owner of the property from which the vehicle was removed. If the owner
of the vehicle and/or the owner of the property cannot be located, any excess monies will
be retained by the Municipality and deposited in its General Revenue account.
(d)
Unused Vehicle Storage Beyond 24 Months
An unused vehicle may only be stored for a maximum of 24 months total in the Municipality,
regardless of those months being consecutive or not. Unused vehicles stored in Gilbert Plains in
excess of 24 months will be impounded and destroyed or otherwise disposed of. Where disposal of
the unused vehicle generates more revenue than the outstanding costs owing to the Municipality,
any excess monies will be released to the owner of the vehicle, and failing that, the owner of the
property from which the vehicle was removed. If the owner of the vehicle and/or the owner of the
property cannot be located, any excess monies will be retained by the Municipality and deposited
in its General Revenue account.
15
PART FIVE
PENALTIES
12.
SEPARATE OFFENCE EACH DAY
Where the contravention, refusal, neglect, omission or failure continues for more than one (1) day,
the person is guilty of a separate offence for each day that it continues.
13.
SUMMARY CONVICTION
Notwithstanding any other remedies available to the Municipality under this bylaw or any other,
any person who contravenes or disobeys, or refuses or neglects to obey any provision of this
bylaw is guilty of an offence upon summary conviction, and is liable to a fine not exceeding five
hundred dollars ($500).
16
PART SIX
REPEALS AND ENACTMENT
14.
REPEAL
Gilbert Plains Municipality by-law 2010/07 is repealed upon this by-law coming into effect.
15.
EFFECTIVE DATE
This by-law shall come in full force and effect the day following its third
reading.
DONE AND PASSED by the Council of the Gilbert Plains Municipality in Regular Session assembled at
the Gilbert Plains Municipality, in Manitoba, this 12th day of January, 2021.
Reeve
Chief Administrative Officer
READ A FIRST TIME this 24th day of November, 2020.
READ A SECOND TIME this 12th day of January, 2021.
READ A THIRD TIME this 12th day of January, 2021.
Certified a true and correct copy of By-Law No. 2020-09, being a by
law of the Gilbert Plains Municipality passed the 12th day of January, 2021.
__________________________________________________
Chief Administrative Officer Gilbert Plains Municipality
Schedule "A"
Gilbert Plains Municipality
Notice of Violation
Under The Gilbert Plain's Municipality Bylaw Establishing Minimum Standards of Maintenance for
Dwellings, Structures, Properties, and Unused Vehicles
By-Law
[Section 239 of The Municipal Act]
On Property located at:
Roll #:
Legal Description:
Lot
Block
Plan
Date of Notice of Violation:
Registered
Owner:
Address:
(If different from above)
Occupier (Tenant) , if any:
Date of Inspection made by Designated Officer in response to a complaint or inspection:
Description of contravention(s):
WE REQUEST THAT YOU RECTIFY THE SITUATION IN THE
FOLLOWING MANNER:
TO BE COMPLETED BY:
In accordance with Section 239(1) of The Municipal Act, the Municipality will enter onto the property
to conduct a second inspection after the date which the remedy was to be completed. If there has
been no compliance with this Notice of Violation, an Order to Comply may be issued.
Your co-operation and assistance addressing this contravention is appreciated.
DATE OF YOUR SECOND INSPECTION:
If you have any questions, please call:
Date
By-law Enforcement Officer/Designated Officer
Schedule "B"
Gilbert Plains Municipality
Order to Comply
Under The Gilbert Plains Municipality's Bylaw Establishing Minimum Standards of Maintenance for
Dwellings, Structures, Properties, and Unused Vehicles
By-Law
[Section 242 of The Municipal Act]
On Property located at:
Roll #:
Legal Description:
Lot
Block
Plan
Date of Order to Comply:
Date to be completed:
Registered
Owner:
Address:
(If different from above)
Occupier (Tenant) , if any:
Further to the Notice of Violation dated , a second inspection of your
property found that it continues to be in contravention of the Gilbert Plains Municipality Property Standards
Bylaw.
Description of contravention(s):
Under the authority of Section 242(1) of The Municipal Act, you are hereby ordered to make the
following changes to bring your property into compliance with the Gilbert Plains Municipality
Minimum Standard Of Maintenance For Dwellings And Other Structures, And To Regulate Yards,
Nuisances, Litter, Unused Vehicles and Abandoned Properties By-law.
Action required to remedy contraventions:
Non Compliance with this Order to Comply:
In the event that you do not comply with this Order to Comply, please note that the costs of actions or
measures taken by the Municipality to carry out the terms of this 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 and added to the owner's taxes.
Notwithstanding the foregoing, the Municipality may also choose at their discretion to prosecute you in
addition to the above.
If you have any questions, please call:
Date
Bylaw Enforcement Officer/Designated Officer
SEE OVER FOR INFORMATION REGARDING THE APPEAL PROCESS
Notice of Objection/Appeal:
You may appeal this Order to Comply in writing by filing with the Chief Administrative Officer of
the Gilbert Plains Municipality, within (21) twenty-one days of the date of this order, or in this
case on or before
, an objection substantially in the form indicated
in the bylaw as a Notice of Objection/Appeal (Schedule C), a copy of which is attached.
Enclosures:
Copy of Notice of Violation
Copy of Notice of Objection/Appeal
Copy of pertinent sections of the Property Standards Bylaw
Photos of contravention(s), if applicable
Schedule "C"
Gilbert Plains Municipality
NOTICE OF OBJECTION/APPEAL
To: The Gilbert Plains Municipality
From:
REGARDING the matter of an appeal to an Order to Comply under the Property Standards Bylaw of
the Gilbert Plains Municipality, for the property at __________________.
PLEASE TAKE NOTICE that the undersigned Appellant hereby appeals to the Council of the Gilbert
Plains Municipality regarding the Order to Comply for _______________________________
Reason for appeal:
Dated at the Gilbert Plains Municipality this day of ____________________________ , 20 ____
Name of Appellant (Please print)
Signature of Appellant
Address
Schedule "D"
Gilbert Plains Municipality
APPLICATION FOR PERMIT FOR UNUSED VEHICLE STORAGE
First 12 months of storage: $10 per month, totalling $120, payable at time of application.
remaining quarter's refund can be provided if unused vehicle is (a) removed from the Municipality
or (b) made operational and properly insured for use on the road.
Maximum 12 additional months of storage: Approved by Chief Administrative Officer or designate.
$10 per month, totalling $120, payable at time of application. Remaining quarter's refund can be
provided if unused vehicle is (a) removed from Municipality or (b) made operational and
sufficiently insured for use on the road.
Vehicle Owner Information
Name:
Phone #:
Address:
Vehicle Information
Make:
Model:
Year:
Vehicle Identification Number (VIN):
Reason for vehicle being unused:
Property (where vehicle is being stored) Owner Information:
Same as Vehicle Owner Information? ( Yes / No ) If No, then:
Name:
Phone #:
Address:
Approval Signature:
Storage Information:
Storage start date:
End of 12-month period:
Request for additional storage time. Reason:
Anticipated date vehicle will be removed from the Gilbert Plains Municipality or made operational
and sufficiently insured for use on the road:
For Office Use Only
Property Roll #:
Application Date:
Customer ID:
Application Received by:
Invoice #:
Schedule "E"
Town of Gilbert Plains / Village
of Ashville Limits