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TOWN OF STE. ROSE DU LAC
BY-LAW NO. 02-2004
BEING A BY-LAW OF THE TOWN OF STE. ROSE DU LAC TO
MAINTAIN PROPERTY AND 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:
(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 this
ownership, direction, management or control of the municipality...
233 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;
(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, odors, 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 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 plans, 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 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 a
reoccurrence 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 be 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
ii. fill in the excavation or hole and level the site.
(c) In the case of the 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
(a) state a time within which the person must comply with the order; and
(b) state that if the person does not comply with order within the specified
time, the municipality will take the action or measures at the expense
of the person.
AND WHEREAS it is deemed expedient to pass a By-Law for the purpose
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 Ste. Rose du Lac.
NOW THEREFORE the Council of the Town of Ste. Rose du Lac, 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 Town of
Ste. Rose du Lac.
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 Town of Ste. Rose du Lac;
(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, 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.
(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.
(l) "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 became 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);
(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 subject to the provisions of By-Law No. 06-94.
Complaint
4. Any person may allege a violation of this by-law by filing a written complaint
with the designated offer 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 by
filing with the C.A.O. of the Municipality at any time before the time for
compliance which such order an objection substantially in the form attached as
Schedule "C".
8. Upon receipt of an appeal in the required form, the C.A.O. 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.
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 or any method of service, provided
that an acknowledgment of receipt is obtained, upon:
(a) the owner;
(b) the occupier, if any; and
(c) in respect to any order alleging a violation of subsection 3(b) (unsafe
structure), the mortgagee, if any;
of the property effected by the 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 three day 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 $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.
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
more than one day, the person or corporation is guilty of a separate offence
for each day it continues.
THAT By-Law No. 16-2003 is hereby repealed.
Done and passed in Council, assembled at the Town of Ste. Rose du Lac, in
Manitoba, this 26th day of May, 2004.
Rene L. Maillard, Mayor
Marlene M. Bouchard
Chief Administrative Officer
Read a first time this 13th day of May, 2004.
Read a second time this 26th day of May, 2004.
Read a third time this 26th day of May, 2004
Schedule "A"
Date:
File:
To:
Dear Sir/Madam:
Re: Town of Ste. Rose du Lac Unsightly/Unsafe Property By-Law
Acting upon a written complaint, the designated officer had cause to inspect your
property (civic and legal address), in the
Town of Ste. Rose du Lac.
Upon inspection of the property, it is apparent that a violation exists in accordance
with the Town of Ste. Rose du Lac By-Law No. 02-2004 due to
Therefore, the Municipality requests that you rectify the situation by (describe
violations/describe remedy) on or before 200 .
In accordance with Section 239(1) of The Municipal Act, I will enter onto the
property on , 200 . 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. 02-2004 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 co-operation and assistance in this matter is appreciated.
If you have any questions, please contact the writer at .
Sincerely,
Schedule "B"
Date:
File:
To:
Dear Sir/Madam:
Re: Unsightly/Unsafe Property at (civic &
legal address.
Further to my letter of , this is to advise you that a second
inspection of your property at conducted on
found that it is (continues to be) in violation of the Town of Ste.
Rose du Lac Unsightly Property By-Law No. 02-2004 (the "By-Law").
Specifically your property contains on your property
which to 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 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 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.
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,
Schedule "C"
Unsightly Property By-Law No. 02-2004 of the Town of Ste. Rose du Lac.
IN THE MATTER of the Unsightly Property By-Law No. 02-2004 of the Town
of Ste. Rose du Lac.
Notice of Objection
To: The Town of Ste. Rose du Lac
PLEASE TAKE NOTICE that the undersigned Appellant hereby appeals to the
Council of the Town of Ste. Rose du Lac from the Order to
(nature of remedy/repair) made by
(name and title) on the day of , 200
respecting the premises known as .
Dated at , Manitoba, this day of
, 200 .
Signature of Appellant (Print Name)
Address