Municipality of Minitonas – Bowsman, Manitoba
· adopted 2022-08-16
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| MUNICIPALITY OF MINITONAS- | MINITONAS-BOWSMAN BOWSMAN BY-LAW NO. 11-2021 | Being a by-law to maintain property and to regulate nuisances, derelict and abandoned vehicles and unsightly property within the Municipality. | the enforcement of by-laws Without limiting the generality of subsection (1), a council may in a by-law passed under this Division... | (c) 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... A by-law under clause 231(1)(c) (activities or things in or on private property) may contain provisions only in respect of | the parking and storing of vehicles, including the number and type of vehicles that may be kept or stored and the | (d) activities or things that in the opinion of council are or could become a nuisance, which may include noise, weeds, odors, unsightly property, fumes and vibrations. | providing for procedures, including inspections, determining whether by-laws are by-laws being complied with; and | 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 by-law, | manner of parking and storing; the removal of top soil; and | | remedying contraventions of by-laws, including creating offences, |
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| * +te | | | subject to section 233, activities or things in or on private | | | | | | (ii) | | | (i) |
| Municipality of | | | (a) | (b) | | (c) | | (a) | | | | |
| | | | | | | | 233 | | | | | |
| | | | | | | 232(1)A council may pass by-laws for municipal purposes | | | | | | |
| | | | | | | | | | | | 236(1) | |
| | | | the safety and protection of property; ... | property; | | respecting the following matters; | | | | | | |
| | | | the safety, health, protection and well-being of people, and | | | | | | | | | |
| | | | | | | | | | | | Without limiting the generality of clause 232(1)(o) (enforcement of | |
| | | | | | | | | | | | bylaws), a by-law passed under that clause may include provisions | |
| | | | | | | | | maintained in a safe and clean condition; | | | | |
| | | | | | | | | the requirement that land and improvements be kept and | | | | |
| | | | | | | | | | | | (c) | |
| | | | | | 232(2) | | | (b) | | | | |
(iii) providing that an amount owing under subclause (i) may be collected in any manner in which a tax may be collected or enforced under this Act, otherwise disposing of plants, animals, vehicles, or other seizing, removing, impounding, confiscating and selling or things related to a contravention, charging and collecting costs incurred in respect of acting under subclause (iv),
(v)
If this or any other Act or a by-law authorizes or requires anything to be inspected, remedied, enforced, or done by a municipality, a designated officer of the municipality may, after giving reasonable notice to the owner or occupier of land or the building or other structure to be entered to carry out the inspection, remedy, enforcement, or action,
239(1)
Enter the land or structure at any reasonable time, and carry
out the inspection, enforcement or action authorized or
required by the Act or by-law;
Request that anything be produced to assist in the
inspection, remedy, enforcement, or action; and
(b)
Make copies of anything related to the inspection, remedy,
(c)
enforcement, or action.
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(1)
direct a person to stop doing something, or to change the
· The order may
242(2)
direct a person to take any action or measure necessary to
way in which the person is doing it;
remedy the contravention of the Act or by-law, including the removal or demolition of a structure that has been erected prevent a reoccurrence of the contravention;
or placed in contravention of a by-law and, if necessary, to state a time within which the person must comply with the directions; and 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.
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
243(1)
in the case of a structure, require the owner
(a)
to eliminate the danger to public safety in the manner specified, or remove or demolish the structure and level the site;
(ii)
in the case of land that contains the excavation or hole,
require the owner
b)
to eliminate the danger to public safety in the manner specified, or require the owner in the case of property that is in an unsightly condition, specified, or to improve the appearance of the property in the manner if the property is a building or other structure, remove or demolish the structure and level the site.
(i)) fill in the excavation or hole and level the site;
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The order may
243(2)
order; and
state a time within which the person must comply with the
(a)
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".
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 Municipality of Minitonas-Bowsman;
NOW THEREFORE the Council of the Municipality of Minitonas-Bowsman, in Council assembled, enact the following policies and procedures which shall govern the inspection, remedy, enforcement or action respecting unsightly and/or unsafe property and/or structures or those which may cause a nuisance in the Municipality of Minitonas-Bowsman:
1. Definitions
"council" means the council duly elected in the Municipality.
a)
"designated officer" means a building inspector or other official
b)
appointed by the council, from time to time, to enforce this by-law,
or, in the absence of such an appointment, the Chief
Administrative Officer.
property which is the subject of an order made under the authority
"interested person" means the owner, occupier or mortgagee of of this by-law.
"mortgagee" in the case of any property means any person according to the records of the land titles office for the area within
holding a registered real property mortgage against the property which the property is situated.
"Municipality" means the Municipality of Minitonas-Bowsman.
e)
or constructive possession of the property pursuant to a lease,
"occupier" in the case of any property means any person in actual tenancy license or other right to occupy.
of the property according to the current assessment records of the
"owner" in the case of any property means the registered owner
g)
Municipality.
and where the context requires shall include the plural as well as
"person" means an individual, firm, partnership, or corporation
h)
the singular.
"property" means any land as defined in The Municipal Assessment Act within the Municipality whether or not there is situated thereon a dwelling house or any other building "rubbish" means any garbage, trash, or junk including, but not limited to unwanted or discarded household items, waste from building construction, 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 neighborhood aesthetics.
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"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.
"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 trees, grass or weeds to a length which is unsightly or becomes a nuisance to adjoining properties.
## Application
This by-law applies to all property and to all owners and occupiers of
property within the Municipality.
## Standards
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:
rubbish;
unsafe structure(s);
unsightly property; 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 statues, unless the said property and/or structures are lawfully used and licensed as a commercial
(a) (b) (c)
automobile dealership;
the storage of household appliances, whether or not the same are
capable of operation;
(d)
the growth of weeds as defined in The Noxious Weeds Act so that
(e)
the growth of grass to a length which in the opinion of the
the same become a nuisance to adjoining properties;
designated officer is unsightly; or adjoining properties.
regular outdoor burning, the smoke of which causes a nuisance to
## Inspections
If in the opinion of the designated officer a violation exists, 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 by-law.
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## Warnings, Orders, Contravention and Fines
designated officer:
Where inspections reveal a violation of any provision of this by-law, the
(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.
provided under subsection 6(a) above, or if in his or her discretion
if the contravention continues following the warning notice, if any,
(b)
no such warning notice is provided, the designated officer shall issue
a written order which shall:
Municipal Act;
specify the time within which compliance shall be required; 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 shall be a lien upon the lot or parcel of land affected thereby, and may be collected in the same manner that a tax may be collected or enforced under The advise of the process of appeal; be substantially in the form attached as Schedule B for 1st written order, Schedule C for 2nd written order and Schedule D for 3rd written order;
## Appeals
7. Any interested person may appeal an order made by the designated officer by filing with the Chief Administrative Officer of the Municipality at any time before the time for compliance with such order an objection substantially in the form attached as Schedule "E".
Upon receipt of an appeal in the required form, the Chief Administrative Officer of the Municipality shall cause a copy thereof to be forwarded to the council forthwith and the council shall entertain such appeal within forty days of receipt of same by holding a hearing. Council may hear the appeal as a committee of the whole or by subcommittee especially established for this purpose. A notice of hearing shall be issued by council and shall be served upon the persons and in the manner specified in section 10 below no later than 5 days prior to the appeal hearing.
The council shall determine an appeal within 5 days of a hearing and shall serve a notice of disposition forthwith upon determination, upon the interested persons. The council may:
confirm the order of the designated officer; vary the order of the designated officer in any respect; or set aside the order of the designated officer.
## Service of Notices or Orders
10. Any order issued by the designated officer under subsection 6(b) and a notice of hearing issued under section 8 hereof of this by-law shall be served by personal service or by registered mail upon:
the owner; the occupier, if any; and 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
## situated.
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
## Enforcement
12. The costs of actions or measures taken by the Municipality to carry out the terms of an order issued by the designated officer are an amount owing to the Municipality by the owner of the property. In addition to all other rights of collection which the Municipality may have at law, costs of the work carried out shall be a lien upon the lot or parcel of land affected thereby, and such amounts may be collected by the Municipality in the same manner as a tax may be collected or enforced under The Municipal
13. Any person who contravenes or disobeys, refuses or neglects to obey or comply with any order made under this by-law is guilty of an offence and is liable, to a fine up to, but not exceeding: 1st offence - $250, 2nd offence - $500, 3rd and subsequent offences - $1,000 each. Where a corporation commits an offence under this by-law, each director or officer of the corporation who authorized, consented to, connived at or knowingly permitted or acquiesced in the doing of the act or omission that constitutes the offence or offences, is likewise guilty of the offence and is liable to the penalties for which provision is made in section 13 above.
Where the contravention, refusal, neglect, omission, or failure continues for more than one day, the person or corporation is guilty of a separate offence for each day it continues.
15. That By-law No. 06/2017 and any amendments made is hereby repealed.
Done and passed in council assembled at Minitonas in the Province of Manitoba this 16 day of August 2022
## MUNICIPALITY OF MINITONAS-BOWSMAN
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Read the first time this 14th day of December, 2021. Read a second time this 18th day of January, 2022. Read a third time this 16th day of August, 2022.
Date
(name and address)
Dear Sir/Madam:
Re: Municipality of Minitonas-Bowsman Unsightly/Unsafe Property By-Law Name of Municipality in the Municipality of Minitonas-Bowsman civic and legal address Acting upon a complaint, the designated officer had cause to inspect your property at Upon inspection of the property, it is apparent that a violation exists in accordance with Municipality of Minitonas-Bowsman By-law No.11-2021.
Therefore, the Municipality requests that you rectify the situation by
(describe violations/ describe remedy)
on or before date)
In accordance with Section 239(1) of the Municipal Act, I will enter property on. (date) to conduct a second inspection. If there has been no compliance with this notice, a fine may be levied as per Section 13 and an Order may be issued authorizing the Municipality to take actions or neasures necessary to bring the property into compliance with By-law No. 11-2021 and the costs of actions or measures taken by the Municipality to carry out the terms of an order issued by the designated officer are an amount owing to the Municipality by the owner of the property. In addition to all other rights of collection which the Municipality may have at law, costs of the work carried out shall be a lien upon the lot or parcel of land affected thereby, and such amounts may be collected by the Municipality in the same manner as a tax may be collected or enforced under The Municipal Your cooperation and assistance in this matter is appreciated.
If you have any questions, please contact the writer at Sincerely, Designated Officer Date:
(name and address)
Dear
(Civic and Legal Address)
Re: Unsightly/Unsafe Property at \_
[Further to my letter of ,] this is to advise you that a second
(inspection
conducted on \_
(date)
(Civic and Legal Address) date)
inspection of your property at Bowsman Unsightly Property By-Law No. 11-2021. (the "By-Law")
found that it continues to be in violation of the Municipality of Minitonas- Compliance with Schedule A has not been met within the time for compliance as stated on Schedule A, therefore, under the authority of Section 242(1) and 243(1) of The Municipal Act, you are hereby ordered to comply with Schedule A on or before
(date)
If not settled on or before these dates, the penalty will be $. (up to, but not exceeding $250.00)
20
\_ to
, 20
Disposition of this charge may be made by attending at the Municipal Office of the Municipality of Minitonas-Bowsman Monday - Friday during the hours of 8:30 a.m. to 4:30 p.m. from In the event that you do not comply with this order, please note that section 12 of the By-law provides as follows:
The costs of actions or measures taken by the Municipality to carry out the terms of an order issued by the designated officer are an amount owing to the Municipality by the owner of the property. In addition to all other rights of collection which the Municipality may have at law, costs of the work carried out shall be a lien upon the lot or parcel of land affected thereby, and such amounts may be collected by the Municipality in the same manner as a tax may be collected or enforced under The Municipal Act.
Yu dialy at a y ime before the fine for Corth lance it such orari we elapsed an objection substantially in the form attached to the By-law as Schedule "E"
I trust you will govern yourself accordingly.
Sincerely, Designated Officer File:
Date:
(name and address)
Dear
(Civic and Legal Address)
Re: Unsightly/Unsafe Property at conducted on Inspection
(Civic and Legal Address) date)
,] this is to advise you that a third(date)
[Further to my letter of inspection of your property at found that it continues to be in violation of the Municipality of MinitonasBowsman Unsightly Property By-Law No. 11-2021. (the "By-Law")
Compliance with Schedule A has not been met within the time for compliance as stated on Schedule A, therefore, under the authority of Section 242 (1) and 243 (1) of The Municipal Act,
(date)
you are hereby ordered to comply with Schedule A on or before Disposition of this charge may be made by attending at the Municipal Office of the Municipality of Minitonas-Bowsman Monday - Friday during the hours of 8:30 a.m. to 4:30 p.m. from , 20, to. 20.
penalty will be $
If settled on or before these dates the (up to, but not exceeding $500.00)
By-law
In the event that you do not comply with this order, please note that section 12 of the provides as follows:
The costs of actions or measures taken by the Municipality to carry out the terms of an order issued by the designated officer are an amount owing to the Municipality by the owner of the property. In addition to all other rights of collection which the Municipality may have at law, costs of the work carried out shall be a lien upon the lot or parcel of land affected thereby, and such amounts may be collected by the Municipality in the same manner as a tax may be collected or enforced under The Municipal Act.
You may appeal this order in writing by filing with the Chief Administrative Officer of the Municipality at any time before the time for compliance with such order has elapsed an objection substantially in the form attached to the By-law as Schedule "E".
I trust you will govern yourself accordingly.
Sincerely, Designated Officer File:
Date:
(name and address)
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Dear
(Civic and Legal Address)
Re: Unsightly/Unsafe Property at conducted on Inspection date)
I this is to advise you that a fourthdate)
(Civic and Legal Address)
[Further to my letter of inspection of your property at found that it is [continues to bel in violation of the Municipality of Minitonas-Bowsman Unsightly Property By-Law No. 11-2021. (the "By- Compliance with Schedule A has not been met within the time for compliance as stated on Schedule A, therefore, under the authority of Section 242(1) and 243(1) of The Municipal Act, you are hereby ordered to comply with Schedule A on or before Disposition of this charge may be made by attending at the Municipal Office of the Municipality of St. Clements Monday to Friday during the hours of 8:30 a.m. to 4:30 p.m.
20.
20, to.
If settled on or before these dates the penalty will be $ (up to, but not exceeding $1,000.00)
By-law provides as follows:
In the event that you do not comply with this order, please note that section 12 of the The costs of actions or measures taken by the Municipality to carry out the terms 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, costs of the work carried out shall be a lien upon the lot or parcel of land affected thereby, and such amounts may be collected by the Municipality in the same manner as a tax may be collected or enforced under The Municipal Act.
You may appeal this order in writing by filing with the Chief Administrative Officer of the Municipality at any time before the time for compliance with such order has elapsed an objection substantially in the form attached to the By-law as Schedule "E".
I trust you will govern yourself accordingly.
Sincerely, Designated Officer SCHEDULE "E"
Unsightly Property By-Law No. 11-2021 of the Municipality of Minitonas- Bowsman
IN THE MATTER of the Unsightly Property By-Law No. 11-2021 of the Municipality of Minitonas-Bowsman NOTICE OF OBJECTION
To: Municipality of Minitonas-Bowsman
PLEASE TAKE NOTICE that the undersigned Appellant hereby appeals to the Council
of the Municipality of Minitonas-Bowsman from the Schedule B, C or D (please circle
which one) Order to
(Nature of Remedy/Repair)
made by
on the day of
Dated at
(name and title) , 20\_ respecting the premises known as
Manitoba, this
day of
, 20
Signature of Appellant
Print Name
Address
Note: This Notice of Objection (Schedule E) must be filed before the time for compliance as stated on Schedule B, C or D (whichever you are appealing) has elapsed