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MUNICIPALITY OF OAKLAND-WAWANESA
BY-LAW NO. 18-2021
Being a by-law of the Municipality of Oakland-Wawanesa to maintain property and to regulate
nuisances, derelict, abandoned and unsightly property and to repeal Oakland By-law No.
1257/05 and Wawanesa By-law No. 504.
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;
(o) 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...
(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 231(1)(c) (activities or things in or on privateproperty)
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 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
(a) providing for procedures, including inspections, for determining
whether by-laws are 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 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 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),
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(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
(a) direct a person to stop doing something, or to change the way in
which the person is doing it;
(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 areoccurrence of the contravention;
(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
(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;
(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
(c)
owner
(ii) fill in the excavation or hole and level the site;
in the case of property that is in an unsightly condition, require the
(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
(a)
and
state a time within which the person must comply with the order;
(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 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 Oakland-Wawanesa;
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NOW THEREFORE the Council of the Municipality of Oakland-Wawanesa, 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
Oakland-Wawanesa:
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.
e) "Municipality" means the Municipality of Oakland-Wawanesa.
f) "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 occupy.
g) "owner" in the case of any property means the registered owner of the
property according to the current assessment records of the Municipality.
h) "person" means an individual, firm, partnership or corporation and where
the context requires shall include the plural as well as the singular.
i) "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.
j) "rubbish" means any garbage, trash, or junk including, but not limited to
unwanted or discarded household items, waste from building construction,
remodelling 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.
k) "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.
I) "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:
(a) rubbish;
(b) unsafe structure(s);
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(c) unsightly property;
(d) 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 commercial automobile dealership;
(e) the storage of household appliances, whether or not the same are capable
of operation;
(f) the growth of weeds as defined in The Noxious Weeds Act so that the
same become a nuisance to adjoining properties;
(g) the growth of grass to a length which in the opinion of the designated
officer is unsightly; or
(h) regular outdoor burning, the smoke of which causes a nuisance to
adjoining properties.
Complaint
4. Any person may allege a violation of this by-law by filing a written complaint with
the designated officer in such form and with such particulars as the designated officer
may from time to time require.
Inspections
5. 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 by-law.
Warnings and Orders
6. Where inspections reveal a violation of any provision of this by-law, the
designated officer:
(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 provided, the designated officer shall issue a written order which shall:
(i) specify the time within which compliance shall be required;
(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;
(iii) advise of the process of appeal;
(iv) be substantially in the form attached as Schedule B;
Appeals
7. Any interested person may appeal an order made by the designated officer,
where the order indicates the Municipality will undertake remediation, 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 "C". The appeal of fines will be done in accordance with By-law No. 17-
2021 for General By-law Enforcement.
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8. Upon receipt of an appeal related to Municipal remediation, 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 ofsame 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.
9. 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:
(a) confirm the order of the designated officer;
(b) vary the order of the designated officer in any respect; or
(c) 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:
(a) the owner;
(b) the occupier, if any; and
(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.
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, 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, or in the case of an individual, to
imprisonment for a term not exceeding six months, or to both such afine and such an
imprisonment.
14. 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 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
morethan one day, the person or corporation is guilty of a separate offence for each
day it continues.
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Repeal and Enactment
16. By-Law No. 1257/05 of the Rural Municipality of Oakland be and is hereby repealed.
17. By-law No. 504 of the Village of Wawanesa be and is hereby repealed.
DONE AND PASSED by Council in meeting duly assembled this 21st day of December, 2021.
<
Dave Kreklewich, Head of Council
id^aj^c^.
Joni ^/idnicki, Chief Administrative Officer
Read the first time this 16th day of November, 2021 .
Read a second time this 21st day of December, 2021.
Read a third time this 21st day of December, 2021 .
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SCHEDULE"A"
Date
(name and address)
Dear Sir/Madam:
Re:_
Name of Municipality
.Unsightly/Unsafe Property By-Law
Acting upon a written complaint, the designated officer had cause to inspect
your property at_in_.
civic and legal address
Name of Municipality
Upon inspection of the propert:y, it is apparent that a violation exists in accordance with
_By-law No._due to_.
Name of Municipality
Therefore, the Mlunicipality 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 onto the property on
(date) to conduct
a second inspection. If there has been no compliance with this notice, an Order may
be issued authorizing the Municipality to take actions or measures necessary to bring
the property into compliance with By-law No._and the costs of
such actions or measures 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.
Your cooperation and assistance in this matter is appreciated.
If you have any questions, please contact the writer at
Sincerely,
Jane Doe
designated officer
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SCHEDULE"B"
Date
(name and address)
Dear
Re: Unsightly/Unsafe Property at
[Further to my letter of_
(date)
inspection of your property at.
(Civic and Legal Address)
.,] this is to advise you that an [a second]
conducted on
(Civic and Legal Address) (inspection date)
found that it is [continues to be] in violation of the Municipality of
Unsightly Property By-Law No.
.. (the "By-Law")
(Name of Municipality)
_on your property which to
Specifically, your property contains_
date has not been removed.
Under the authority of Section 242 (1) of The Municipal Act, you are hereby ordered to
.on or before_. In the event that you do not comply with
(Describe Order/Remedy) {date)
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 the Municipalityby 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.
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 "C".
I trust you will govern yourself accordingly.
Sincerely,
Jane Doe
designated officer
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SCHEDULE"C"
Unsightly Property By-Law No. of the
(Name of Municipality)
IN THE MATTER of the Unsightly Property By-Law No. _ofthe_
(Name of Municipality)
NOTICE OF OBJECTION
To:
(Name of Municipality)
PLEASE TAKE NOTICE that the undersigned Appellant hereby appeals to the Council of the
from the Order to
(Name of Municipality)
(Nature of Remedy/Repair)
made by_
Dated at
on the
(name and title)
., 2000 respecting the premises known as.
.day of
, Manitoba, this_
_day of_
_,2000.
Signature of Appellant (Print Name)
Address
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