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PROPERTY STANDARDS
Municipality of North Norfolk
BY-LAW NO: 50/2018
Being a By-Law to maintain Derelict and Unsightly Property within the Municipality of North Norfolk
WHEREAS Section 232(1) of The Municipal Act provides, in part,
"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;"
(o)
the enforcement of by-laws;"
AND WHEREAS Section 232(2) of The Municipal Act provides, in part,
"Without limiting the generality of subsection (1), a Council may in a by-law passed under
this Division
(a)
regulate or prohibit;
AND WHEREAS Section 233 of The Municipal Act provides, in part,
"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 improvements be kept and maintained in a safe and
clean condition;
(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;
(c)
the removal of top soil; and
(d)
activities or things that in the opinion of the Council are or could become a
nuisance, which may include noise, weeds, odors, unsightly property, fumes and
vibrations."
AND WHEREAS Section 236(1) of The Municipal Act provides, in part,
"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...;
(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;
(iv)
seizing, removing, impounding, confiscating and selling or otherwise
disposing of plants, animals, vehicles or other things related to a
contravention;
(v)
charging and collecting costs incurred in respect of acting under subclause
(iv);
(vi)
imposing a sentence of imprisonment...".
AND WHEREAS Section 242(1) of The Municipal Act provides, in part,
"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".
AND WHEREAS Section 242(2) of The Municipal Act provides, in part,
"The order may
(a)
direct a person to stop doing something...
(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...
(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".
AND WHEREAS Section 243(1) and (2) of The Municipal Act provides, in part,
"If, in the opinion of a designated officer, a structure, excavation or hole is dangerous to
public safety or property, or because of its unsightly condition, is detrimental to the
surrounding area, the Designated Officer may by written order
(a)
in the case of a structure, require the owner
(i)
to eliminate the danger to public safety in the manner specified, or
(ii)
remove or demolish the structure 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".
The order may
(a)
state a time within which the person must comply with the order; and
(b)
state that if the person does not comply with the order within the specified time,
the municipality will take the action or measure at the expense of the person".
AND WHEREAS the Council of the Municipality of North Norfolk deems it necessary to pass a by-
law prohibiting and rectifying property standards violations.
NOW THEREFORE the Council of the Municipality of North Norfolk in open Council assembled
enacts as follows:
Section 1.1: Definitions and Interpretations
"Building" means any structure that has been used or is intended to be used to support or shelter
any use or occupancy;
"Vacant" means a building that is not being used or occupied for a protracted period.
"Derelict Vehicle" means any motor vehicle that is rusted, partially scrapped or wrecked or
dismantled to the extent that it is inoperable, abandoned, AND CANNOT BE REGISTERED under
the Highway Traffic Act.
"Derelict building" means a structure or building that is in gross neglect, structurally unsafe and
has not been maintained to accommodate occupancy.
"Designated employee" means the Chief Administrative Officer of the Municipality of North
Norfolk and any employee of the municipality to whom he or she has delegated an authority or
duty granted or imposed under this By-law;
'Council' means the Council of the Municipality of North Norfolk charged with the responsibility of
making and enforcing bylaws.
"Garbage" means and includes rubbish, junk, scrap wood, scrap metal and all items of refuse.
"Unsightly property" means a property that lacks maintenance and is in a state of neglect.
"Emergency abatement" means to take immediate action to secure a vacant building.
"Derelict and Abandoned" means a dilapidated or derelict building that has been abandoned by
the owner - or where the owner cannot be found.
"Enforcement officer" means an employee of the Municipality of North Norfolk who has been
authorized to exercise the powers of enforcement under this By-law.
"Notice of Inspection' means a Notice in Writing served or sent by a designated officer of the
Municipality of North Norfolk, to the owner to inspect a Vacant or Derelict Building - with the
owner or his representatives being present.
"Owner" includes a person responsible for real property and any person; includes owner, part-
owner, and property manager and or property management companies.
"Residential building" means a building that has been designed for or has been used for
residential occupancy
Section 2:
Property Standards
1.
THAT no owner shall cause, allow or permit the following on any property within the
Municipality of North Norfolk:
(a) Accumulation of garbage, rubbish or items of refuse on any property
(b) The presence or storage of any Derelict Vehicles
(c) Unsightly conditions that cause a nuisance
(d) Derelict and abandoned buildings or structures
(e) Dangerous structures or conditions that may cause a fire or harm to person or animals
(f) Excavation holes that are not secured
(g) Long grass and Noxious Weeds
Section 2.1:
Storage of Vehicles on Property - Prohibitions
1.
THAT no owner shall store, keep or park vehicles capable of being registered under the
Highway Traffic Act that are not registered unless the said property is licensed as a
Commercial Automobile Dealership.
Section 2.3:
Storage of Vehicles - Exceptions
1.
THAT the following vehicles are allowed to be stored on property:
(a) Two unregistered vehicles are allowed to be stored at the back of the property,
provided that:
i) they are properly covered and secured from public view.
ii) the vehicles stored are not derelict, but are in good, road worthy condition.
Section 3:
General Enforcement
1.
THAT in this by-law, "designated officer" shall mean a building inspector, Bylaw Officer 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.
2.
THAT if, in the opinion of the designated officer, a structure, garbage accumulation on
yard, the presence of a derelict vehicle, an excavation or hole is unsightly or detrimental to
the surrounding area, the designated officer may, by written order or Notice of
Inspection require the owner to:
(a)
Attend for property inspection, improve the appearance of the property in the
manner specified in the written order, or remove a derelict vehicle.
(b)
if the property is a Derelict Building or Unsafe Structure, remove or demolish the
building or structure and level the site.
3.
THAT the written order issued by the designated officer shall state a time within which the
owner must comply with the order and state that if the order is not complied with within
the specified time, the Municipality will take the action or measure at the expense of the
owner.
4.
THAT the written order issued by the designated officer shall be served on the owner of
the property, either personally or by mailing it by registered mail to the last address for
that owner recorded on the Municipality's tax rolls; in the event service is carried out by
registered mail, it shall be conclusively deemed to have been served on the owner five (5)
days after it is mailed.
5.
THAT any owner aggrieved by an order issued by the designated officer under this by-law
may, before the compliance date of the order, appeal to the Council.
6.
THAT Council may hear the appeal as a committee of the whole or by subcommittee
especially established for this purpose.
7.
THAT upon the hearing of an appeal, the Council may:
(a)
uphold, rescind, suspend or modify the order issued by the designated officer;
(b)
extend the time within which compliance with the order shall be made; or
(c)
make such other decision or order as in the circumstances of each case it deems
just, and the decision or order of the Council, upon being communicated to the
appellant, shall stand in place of the order against which the appeal is made.
8.
THAT 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 and may be collected by the Municipality in the same manner as a
tax may be collected or enforced under The Municipal Act.
9.
THAT any person who contravenes or disobeys, or refuses or neglects to obey any order
made under this by-law is guilty of an offence and is liable, on summary conviction, to a
fine not exceeding $1,000.00, 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.
10.
THAT 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 offences, is likewise
guilty of the offence and is liable on summary conviction, to the penalties for which
provision is made in Section 9, above.
11.
THAT 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.
12.
THAT this by-law repeals the R.M. of North Norfolk's By-Law No. 669/1998 and the Town
of MacGregor's By-Law No. 673/1998 and 699/2002.
DONE AND PASSED as a by-law of the Municipality of North Norfolk at MacGregor in the
Province of Manitoba this ___9th day of __January__, __2019_.
_____"original signed by Gerald Barber"_________________
Mayor
_____"original signed by Valorie Unrau"_________________
Chief Administrative Officer
Read a first time this
12th
day of
December
A.D.
2018
Read a second time this
9th
day of
January
A.D.
2019
Read a third time this
9th
day of
January
A.D.
2019