By-law No. 11-21 Vacant and Derelict Buildings By-law — full text

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MUNICIPALITY OF ROBLIN BY-LAW NO. 11-21 BEING A BY-LAW of the Municipality of Roblin (the "Municipality") to establish a system to regulate the condition and maintenance of vacant residential and commercial buildings and to establish a process to take title to vacant and derelict buildings. WHEREAS the Municipality is empowered by Part 7, Division 2, Sections 231, 232 and 233 of The Municipal Act, RSM 1996, c.M225, to pass a by-law with respect to the condition and maintenance of vacant residential and commercial buildings; Guide to interpreting power to pass by-laws 231 The power given to a council under this Division to pass by-laws is stated in general terms (a) to give broad authority to the council and to respect its right to govern the municipality in whatever way the council considers appropriate, within the jurisdiction given to it under this and other Acts; and teand (b) to enhance the ability of the council to respond to present and future issues in the municipality. Spheres of jurisdiction 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; (b) people, activities and things in, on or near a public place or a place open to the public, including parks, municipal roads, recreation centres. restaurants, facilities, retail stores, malls, and private clubs and facilities that are exempt from municipal taxation; (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: (c.2) subject to section 233.2, the conversion of rental units into units under The Condominium Act, (d) municipal roads, including naming the roads, posting the names on public or private property, and numbering lots and buildings along the the roads: (e) private works on, over, along or under municipal roads; (f) property adjacent to highways or municipal roads, whether the property is publicly or privately owned; (g) the operation of off-road vehicles on public or private property; (h) drains and drainage on private or public property; (i) preventing and fighting fires; (j) the sale and use of firecrackers and other fireworks, the use of rifles, guns, and other firearms, and the use of bows and arrows and other devices; (k) wild and domestic animals and activities in relation to them, including by- laws differentiating on the basis of sex, breed, size or weight; (1) public utilities; (m) local transportation systems; (n) businesses, business activities and persons engaged in business; (n.1) the establishment of a program of property tax credits to encourage and assist in the renovation of buildings that have been designated as municipal heritage sites under The Heritage Resources Act; (o) the enforcement of by-laws. Exercising by-law-making powers 232(2) Without limiting the generality of subsection (1), a council may in a by-law passed under this Division (a) regulate or prohibit: (b) adopt by reference in whole or in part, with any changes the council considers necessary or advisable, a code or standard made or recommended by the Government of Canada or a province or a recognized technical or professional organization, and require compliance with the code or standard: (c) deal with any development, activity, industry, business, or thing in different ways, or divide any of them into classes and deal with each class in different ways; (d) establish fees or other charges for services, activities or things provided feed or done by the municipality or for the use of property under the ownership, direction, management or control of the municipality; (e) subject to the regulations, provide for a system of licences, permits or approvals, including any or all of the following: (i) establishing fees, and terms for payment of fees, for inspections. licences, permits and approvals, including fees related to recovering the costs of regulation, (ii) establishing fees for licences, permits and approvals that are higher for persons or businesses who do not reside or maintain a place of business in the municipality, (iii) prohibiting a development, activity, industry, business or thing until a licence, permit or approval is granted (iv) providing that terms and and conditions conditions may be imposed on any licence, permit or approval, and providing for the nature of the terms and conditions and who may impose them, (v) providing for the duration of licences, permits and approvals and their suspension or cancellation or any other remedy, including undertaking remedial action, and charging and collecting the costs of such action, for failure to pay a fee or to comply with a term or condition or with the by-law or for any other reason specified in the by-law, and (vi) providing for the posting of a bond or other security to ensure compliance with a term or condition; or (f) except where a right of appeal is already provided in this or any other Act, provide for an appeal and the body that is to decide the appeal, and related matters; By-law No. 11-21 Page 2 of 11 (g) require persons who do not reside or or have a place of business in the municipality to report to the municipal office before conducting business in the municipality; and (h) require pawnbrokers to report all transactions by pawn or purchase to the head of council or to the police. Content of by-laws under clause 232(1)(c) 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 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, odours, unsightly property, fumes and vibrations. Content of by-laws under clause 232(1)(c.1) 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 buildings may remain boarded up. Restriction 233.1(2) A by-law under clause 232(1) (c.1) may not regulate the condition and maintenance of vacant dwellings and non-residential buildings that are located on property that is classified as Farm Property under The Municipal Assessment Act. AND WHEREAS the existence of unsightly vacant buildings may produce a harmful visual impact on a streetscape, may create the impression of decline, may lower property values and may raise the likelihood of arson, vandalism, drainage problems and vermin infestation; to AND WHEREAS the Municipality deems it expedient and in the public interest establish a by-law to regulate the condition and maintenance of vacant, unsafe and unsightly buildings; AND WHEREAS Section 247.2(1) of The Municipal Act permits a municipal council to establish a process by which a municipality may take title to vacant and derelict buildings; By-law re derelict building orders, second notices and certificates 247.2(1) AA council may by by-law establish a process for issuing preliminary derelict building orders, second notices and derelict building certificates in respect of derelict properties. AND WHEREAS the Municipality deems it necessary to establish a process for issuing preliminary derelict building orders, second notices and derelict building certificates in respect of derelict properties pursuant to the provisions of The Municipal Act; NOW THEREFORE the Council of the Municipality of Roblin, duly assembled, enacts as follows: PART 1 - GENERAL Short Title 1 This By-Law may be referred to as The Municipality of Roblin Vacant and Derelict Buildings By-law. Definitions 2 In this by-law: (a) "Boarded Building" means an unoccupied Building in which any door, window or other opening has been covered for more than seven (7) days by affixing wood, metal or some other material over it to prevent entry; (b) "Boarded Building Exemption Certificate" means an exemption certificate issued for a Boarded Building pursuant to section 16 of this by-law;