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## TOWN OF GRANDVIEW BY-LAW 6-2003
A By-Law 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;
- (b) subject to section 233, activities or things in or on private property;
- (a) the safety, health, protection and well-being of people, and the safety and protection of property;
- the enforcement of by-laws (0)
232(2) Without limiting the generality of subsection (1), a council may in a by-law passed under this Division
- establish fees or other charges for services, activities or things provided or done by the municipality of 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;
- (c) the removal of top soil; and
- (b) the parking and storing of vehicles, including the number and type of vehicles that may be kept or stored and the manner of parking and storing;
- (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 by-laws), a by-law passed under that clause may include provisions
- (b) remedying contraventions of by-laws, including (i) creating offences,
- providing for procedures, including inspections, for determining whether by-laws are by-laws are being complied with; and
- (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 that is associated with the conduct that gives rise to the offence, or related to enforcing the bylaw,
- (iii) providing that an amount owing under subclause (ii) may be collected in any manner in which a tax may be collected or enforced under this Act,
- (v) charging and collecting costs incurred in respect of acting under subclause (iv),
- (iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention,
- (vi) imposing a sentence of imprisonment for not more than 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 by 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
- (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 reoccurrence of the contravention;
- (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
- (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
- (i) to eliminate the danger to public safety in the manner specified, or
- (a) in the case of a structure, require the owner
- (ii) remove or demolish the structure and level the site;
- (b) in the case of land that contains the excavation or hole, require the owner
- (i) to eliminate the danger to public safety in the manner specified, or
- (ii) fill in the excavation or hole and level the site;
- (c) in the case of property that is in an unsightly condition, require the owner
- (i) to improve the appearance of the property in the manner specified, or
- (ii) if the property is a building or other structure, remove or demolish the structure and level the site.
243(2) The order may
- (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 person.
- (a) state a time within which the person must comply with the order; and
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 Grandview;
VOW THEREFORE the Council of the Town of Grandview, i Council assembled, enact the following policies and procedure which shall govern the inspection, remedy, enforcement or action 'especting unsightly and/or unsafe property and/or structures o hose which may cause a nuisance in the Town of Grandview
## 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.
5. or Gradvieni "Municipality" means the Municipality of the Town
6. "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
- g) "owner" in the case of any property means the registered owner of the property according to the curren assessment records of the Municipality.
- h) "person" means an individual, firm, partnership or corporation and where the context requires shall includ the plural as well as the singular
- i) "property" means any land as defined in The Municipal Ássessment Act within the Municipality whether or not there is situated thereon a dwelling house or any other building.
10. "rubbish" means any garbage, trash, or junk including, Househog bums waste ted to budied or structed remodeling 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.
11. "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.
12. "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. unsafe structure(s);
3. unsightly property;
4. the storage of motor vehicles capable of registration under the Highway Traffic Act or the Off-Road Vehicles Act, which are not registered under either of those statutes, unless the said property and/or structures are lawfully used and licensed as a
5. the storage of household appliances, whether or not the same are capable of operation; (e)
6. the growth of weeds as defined in The Noxious Weeds Act so that the same become a nuisance to (1)
7. the growth of grass to a length which in the opinion of the designated officer is unsightly; or (g)
8. regular outdoor burning, the smoke of which cause a nuisance to adjoining properties. (h)
## Complaint
4. Any person may allege a violation of this by-law by filing vritten complaint with the designated officer in such form and with such particulars as the designated officer may from time to time require.
## Inspections
- 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 manner as shall be reasonably necessary in order to determine whether or not there has been a violation of this bylaw.
## Warnings and Orders
- by-law, thede ignated on rev: Where inspections reveal a violation of any provision of this
- (a) may in his or her discretion give written notice of the contravention to the owner and occupier of the property by regular mail substantially in the form attached as Schedule A.
- (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 proved, the designated officer shall issue a written order which shall:
- specify the time within which compliance shall be required;
## Appeals
- Any interest 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 ompliance with such order an objection substantially i he 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 eceipt of same by holding a hearing. Council may hear th ppeal as a committee of the whole or by subcommitte especially established for this purpose. A notice of hearing hall be issued by council and shall be served upon th ersons and in the manner specified in section 10 below n
- 9.
- vary the order of the designated officer in any respect; or
- (a) confirm the order of the designated officer;
- set aside the order of the designated officer
## Service of Notices or Orders
10. or by registered mail upon:
2. (b) the occupier, if any; and
3. (a) the owner;
4. (c) in respect to any order alleging a violation of subsection 3(b) (unsafe structures), the mortgagee, if any;
of the property effected by order.
11. Service made personally shall be deemed to have been made on the date of such service and service made by registered mail shall be deemed to have been made 3 days after posting. In 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 for the area within which the property is situated.
2. (ii) advise that should compliance not be effected within the specified 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;
3. (iii) advise of the process of appeal;
4. (iv) be substantially in the form attached as Schedule B
## Enforcement
12. The costs of actions or measures taken by the Municipality to carry out the terms of an order issued by the designated fficer are an amount owing to the Municipality by th wner of the property. In addition to all other rights ( 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 $1000.00, 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. here a corporation commits an offence under this by-lar ach director or officer of the corporation who authorize consented to, connived at or knowingly permitted or acquiesced in the doing of the act or omission that constitutes the offence or offences, is likewise guilty of the offence and is liable on summary conviction, to the penalties for which provision is made in section 13 above.
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 i continues
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DONE AND PASSED in council assembled at the Town of Grandview in the Province of Manitoba this
\_A.D. 2003,
Mayor
Spalaluch
Chief Administrative Offcer
Read a first time May 27, 2003 Read a second time May 27, 200 Read a third time and passed June 10, 2003