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CITY OF PORTAGE LA PRAIRIE
VACANT AND DERELICT BUILDING
BY-LAW NO. 24-8761
BEING A BY-LAW of the City of Portage la Prairie (the "City") 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, to be known as
the Vacant and Derelict Building By-law.
WHEREAS the City 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;
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;
AND WHEREAS the City deems it expedient and in the public interest to 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 City may take title to vacant and derelict buildings;
AND WHEREAS Council deems it necessary to establish a process for issuing
preliminary derelict building orders, second notices and derelict building certificates with
respect to derelict properties pursuant to the provisions of The Municipal Act;
NOW THEREFORE the Council of the City of Portage la Prairie, duly assembled, enacts
as follows:
PART I: DEFINITIONS
1.
All references herein to "he" shall include "she" unless the context thereof requires
otherwise.
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 PERMIT" means a permit issued for a Boarded Building
that is in compliance with the provisions of this by-law.
(c) "BUILDING" means any structure used or intended for supporting or sheltering
any use or any occupancy.
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(d) "CODE" means The Manitoba Building Code as adopted by Manitoba Regulation
31/2011 pursuant to The Buildings and Mobile Homes Act, RSM 1987, c.B93, as
amended from time to time, or any subsequent Manitoba Building Code which
may be enacted.
(e) "COMMERCIAL BUILDING" means any Building that is not a residential Building
but may contain a legally established Dwelling unit(s).
(f) "COUNCIL" means the duly elected municipal council of the City of Portage la
Prairie.
(g) "DERELICT PROPERTY" means property upon which is located an unoccupied
Residential or Commercial Building that is not in compliance with the provisions
of this By-law.
(h) "DESIGNATED OFFICER" means the City Manager of the City of Portage la
Prairie and any employee of the City to whom he or she has delegated authority
or duty granted or imposed under this By-law.
(i) "DESIGNER" means a person skilled in the type of work concerned, who is
licensed to practice in the Province of Manitoba and who is responsible for the
design and/or Code analysis of a Building and may include an architect and/or
an engineer depending on the requirements of the Manitoba Building Code with
regard to the particular Building's classification.
U) "DWELLING" includes any Building, part of a Building, mobile home, trailer or
other covering or structure, the whole or any portion of which has been used, is
used, or is capable of being used for the purposes of human habitation with the
land and premises belonging thereto and all accessory Buildings, fences, or
erections thereon or therein, and every Dwelling unit within the Building.
(k) "FIRE PROTECTION SYSTEM" includes, but is not limited to, any fire alarm
system, sprinkler system or standpipe system or one or more private hydrants.
(I) "INSPECTOR" means Building Inspector, Fire Chi.ef, or any other person or
agency employed by or acting for the City of Portage la Prairie and partially or
wholly responsible for the Building safety and property Standards within the City.
(m) "NON-CONFORMANCE" means a condition which does not comply with the
Standards established by this By-Law.
(n) "OCCUPANCY/REOCCUPANCY PERMIT" means an occupancy permit issued
under Schedule A - Maintenance Standards for Vacant Commercial Buildings
and Vacant Residential Buildings of this By-Law.
(o) "OPEN BUILDING" means a Building that is unoccupied and without a valid
Boarded Building Permit issued.
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(p) "OWNER" means the registered property Owner of the land and premises and
includes
(i)
the person that for at all material times is managing or receiving the rent of
the land or premises in connection with which the word "Owner'' is used,
whether on his own account or as agent or trustee of any other person; or
(ii)
the person who would so receive the rent if such land and premises were
let; or
(iii)
the vendor of such land under an offer to purchase or an agreement for sale
who has paid any land taxes thereon after the effective date of the
agreement; or
(iv)
the person that at all material times is receiving installments of the purchase
price of the land or premises in connection with which the word "Owner'' is
used, sold under an offer to purchase or an agreement for sale whether on
his own account or as an agent or trustee of any other person; or
(v)
the person who would so receive the installments of the purchase price if
such land or premises were sold under an offer to purchase or an agreement
for sale.
( q) "RESIDENTIAL BUILDING" means a Building primarily designed for or has been
used for residential occupancy by way of a Dwelling unit(s) but may also be
designed for or used for a secondary occupancy.
(r) "SEWAGE" means a combination of the water borne wastes from residences,
business structures, and commercial, institutional, and industrial establishments
together with such ground, surface and storm waters as may be present.
(s) "SEWERAGE SYSTEM" means the City of Portage la Prairie's Sewerage System
or a private Sewage disposal system.
(t) "STANDARDS" means the Standards prescribed in this by-law for the
maintenance and improvement of the physical condition and for the fitness for
occupancy of any Building or other structure or properties, or parts thereof,
together with the surrounding lands.
(u) "UNSAFE BUILDING" means any Building that is in an unsafe condition in that it
is unoccupied or open and unguarded to which entry can be gained.
(v) "UNSIGHTLY" means premises that are in non-compliance with Sections 3, 6, 7,
9, 10 and 18 of Schedule A - Maintenance Standards for Vacant Commercial
Buildings to this By-law, or as otherwise determined by the Designated Officer.
Any Boarded Building is also deemed to be Unsightly.
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(w) "VACANT BUILDING" means a previously occupied Residential Building or
Commercial Building or unit thereof that is not presently being used or occupied
for which a Vacant Building Certificate has been issued.
(x) "VACANT BUILDING CERTIFICATE" means a certificate issued for a vacant
Residential or Commercial Building that is in compliance with the provisions of
this By-law.
PART II: STANDARDS
Inspection of Vacant or Boarded Buildings
3.
In addition to any other inspections of a Vacant Building or Boarded Building to
enforce or administer this By-law, Designated Officers are authorized to conduct full
inspections of the exterior and interior of a Vacant Building or Boarded Building to
determine compliance with Schedule A - Maintenance Standards for Vacant
Commercial Buildings and Vacant Residential Buildings or Schedule B -
Maintenance Standards for Boarded Buildings, of this By-law. The Owner must pay
any inspection fee established by Council for this inspection.
Requirements for All Vacant Buildings
4.
The Owner of a Vacant Building must ensure that the premises comply with the
Standards set out in Schedule A - Maintenance Standards for Vacant Commercial
Buildings and Vacant Residential Buildings.
Vacant Building Certificate
5.
A Building may remain vacant in accordance with Section 4, Requirements for All
Vacant Buildings above, provided that a Vacant Building Certificate is obtained and
upon payment of any required inspection fees.
6.
A Vacant Building Certificate must be obtained within ninety (90) days of notification
by the Designated Officer that the Building has been identified as a Vacant Building.
7.
Upon annual payment of any inspection fee as designated in the City's fee schedule,
the Owner of a Commercial Building or Residential Building may renew a Vacant
Building Certificate, valid for a period of one year after being issued.
8.
Where a Vacant Building does not meet the Standards and requirements referred
to in subsection 4 Requirements for All Vacant Buildings, a Designated Officer may
issue an Order to the Owner:
(a) requiring the Building to comply with the Standards set out in Schedule B -
Maintenance Standards for Boarded Buildings, and
(b) obtain a Boarded Building Certificate within twenty-one (21) days of issuing the
Order.
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Requirements for All Boarded Buildings
9.
An unoccupied or open and unguarded Building to which entry can be gained shall
be deemed unsafe. The Owner of such a Building must ensure that it is secure from
unauthorized entry by complying with Schedule B - Maintenance Standards for
Boarded Buildings
Boarded Building Permit
10. A Building may remain boarded up in accordance with Schedule B - Maintenance
Standards for Boarded Buildings, provided that a Boarded Building Permit is
obtained.
11. An Owner shall obtain a Boarded Building Permit within twenty-one (21) days of
notification by the Designated Officer.
12. Upon payment of any application or permit fee as designated in the City's annual
fee schedule, the Owner of a Commercial Building may obtain an unlimited number
of Boarded Building Permits for that Building, each being valid for a period of one
year after being issued.
13. A Residential Building Owner will only be issued one (1) Boarded Permit, provided
said Building is in compliance with the Standards as noted in Section 10. Any
additional Residential Buildings also owned by said Owner shall conform to the
maintenance Standards for Vacant Residential Building set out in Schedule A -
Maintenance Standards for Vacant Commercial Buildings and Vacant Residential
Buildings.
14. Where an unoccupied Building is boarded but lacks a Boarded Building Permit, the
Inspector may issue an Order requiring the Owner, within twenty-one (21) days, to
either obtain a Boarded Building Permit to meet the requirements of Schedule B -
Maintenance Standards for Boarded Buildings or bring the Building into compliance
with Schedule A - Maintenance Standards for Vacant Commercial Buildings and
Vacant Residential Buildings, as applicable.
PART Ill: ORDER TO MAINTAIN
15. Any Inspector, authorized for the purpose, may, at all reasonable times, without the
consent of the Owner or occupier and upon production of the necessary authority, if
demanded, enter any Building or premises in the City of Portage la Prairie that is
boarded or appears to be Vacant for the purpose of determining:
(i) whether the Building is vacant; and
(ii) whether the Building complies with this By-law.
16.
If an Inspector is satisfied that the Vacant Residential Building, Vacant Commercial
Building, or Boarded Building does not comply to the Standards set forth in:
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(i) Schedule A - Maintenance Standards for Vacant Commercial Buildings and
Vacant Residential Buildings; or
(ii) Schedule B - Maintenance Standards for Boarded Buildings,
they may make an Order to Maintain, in a form as set out in Schedule C - Order to
Maintain, hereto and subject to an Order Issuance Fee as designated in the City's
fee schedule, a copy of which shall be served on the Owner by personal service or
by certified or registered mail to the address as shown on the latest assessment roll
of the City of Portage la Prairie. When service cannot be effected either by personal
service or by certified or registered mail, then such Order and/or placard may be
posted on the property subject to the Order.
17.
If, upon attempt to effect service of an Order to Maintain, an Inspector learns the
Owner of the property is deceased, the Order shall be served upon the executor,
administrator, successor or assignee of the deceased. If such party cannot be
located, service shall be effected by posting the Order and/or placard on the
property subject to the Order.
18.
The Order to Maintain shall contain:
(a) a description of the land, Building or premises sufficient to identify the property;
(b) the particulars of each Non-Conformance and the date by which each non-
conformance must be corrected;
(c) except in the case of an immediately dangerous Non-Conformance, the final
date for giving notice of objection from the Order;
(d) and may also contain an outline of what action may be taken to make the
residential property or the commercial property conform to the Standards and
any other information that the Inspector deems necessary.
19.
Except in the case of an immediately dangerous Non-Conformance, the date by
which the Non-Conformance shall be corrected shall be a minimum of twenty-
one (21) days from the date of service of the Order to Maintain made pursuant
to Section 16. If the Order is served by mail, the Order shall be deemed to have
been served and received by the Owner on the day of the date of receipt thereof
shown on the "Acknowledgement of Receipt" form issued by the Canada Post
Office or "Proof of Delivery" form signed by the person acknowledging receipt
thereof.
20.
The Designated Officer may postpone the last day when a non-conformance
must be corrected as specified in the Order to Maintain only upon the Owner
showing that he is making reasonable efforts to correct the Non-Conformance
but that full correction cannot be completed within the time provided because of
technical difficulties, inability to obtain necessary materials or labour, or inability
to gain access to the Building unit wherein the Non-Conformance occurs. Any
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postponement of the last day for compliance does not extend the initial fourteen
(14) day period for appealing the Order; however, the Owner does have seven
(7) days from the date the postponement was granted to appeal the duration of
the postponement.
Right to Appeal
21.
Except in the case of an immediately dangerous Non-Conformance, the Owner,
or a person authorized in writing to act on behalf of the Owner, may appeal any
provision of an Order to Maintain issued under Subsection 16 by filing with the
City Manager a Notice of Objection within fourteen ( 14) days upon receipt of the
Order to Maintain. Any appeal under this section may be heard by a Council
Committee, in accordance with Section 85(1) of The Municipal Act.
22.
Except in the case of an immediately dangerous Non-Conformance, the filing of
a Notice of Objection to an Order to Maintain or any provision thereof as set
forth in Section 20 shall operate as a stay of proceedings to correct a hazardous
or non-hazardous Non-Conformance pending consideration of the appeal by
Council or a Council Committee.
23.
Any failure to comply with a decision or order of the Council is an offence subject
to the penalty provisions set forth in the By-law.
Non-Compliance
24.
Where an Owner has failed to comply with an Order to Maintain either of an
Inspector or an Order made by the Council, the Designated Officer may cause
the Non-Conformance to be corrected without any further notice to the Owner.
The entire costs of correcting the Non-Conformance, including but not limited to
legal fees, disbursements and administrative fees, are considered an amount
owing to the City pursuant to provisions of The Municipal Act and may be
collected by the City in the same manner as a tax may be collected or enforced
in accordance with The Municipal Act.
25.
In the case of an immediately dangerous Non-Conformance, the Designated
Officer may take whatever actions or measures are necessary to eliminate the
Non-Conformance pursuant to Section 24 7 of The Municipal Act. Costs will be
collected in the same manner as outlined in Section 24 above.
General Offence and Penalty
26.
Every person who contravenes any provision of this by-law is guilty of an offence
and liable on summary conviction to a fine, pursuant to subsection 249(1) of The
Municipal Act, not exceeding Five Hundred Dollars ($500) or to imprisonment
for a term not exceeding three (3) months, or to both such a fine and such an
imprisonment, or at the discretion of the Designated Officer, a penalty in an
amount that does not exceed One Thousand Dollars ($1,000) pursuant to
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section 3 of the Fees, Discounts and Penalties Regulation, M.R. 50/97 of The
Municipal Act.
27.
Every person who obstructs or interferes with an Inspector in the performance
of his duties under this By-law is guilty of an offence and is liable on summary
conviction to the same penalties as set out in Section 26 above.
28.
Where a contravention continues for more than one day, the person is guilty of
a separate offence for each day it continues.
29.
A fine imposed for contravening this By-law must be paid to the City.
Conflict with Other By-laws
30.
Where a provision of this By-law conflicts with a provision of another By-law in
force in the City, the provision that establishes the higher standard to protect the
health, safety and welfare of the general public shall prevail.
PART IV: DERELICT BUILDING ORDERS
Preliminary Derelict Building Order
31.
A Designated Officer shall issue a Preliminary Derelict Building Order with
respect to a property if he is satisfied that:
(a)
the registered Owner of the property has been found guilty of contravening
the Vacant and Derelict Building By-law; and
(b)
the property continues to be in contravention of the By-law.
Form of Order
32.
A Preliminary Derelict Building Order must be issued in the form set out in
Schedule D - Preliminary Derelict Building Order, to this By-Law, and must
include:
Service
(a) the legal description of the property;
(b) a statement that the property is a Derelict Property and
(c) a statement that the property may be transferred to the City of Portage la
Prairie if it is not brought into compliance with the Vacant and Derelict
Building By-Law.
33.
The Designated Officer who issues a Preliminary Derelict Building Order must
ensure that a copy of the Order is:
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(a) promptly registered against the Derelict Property at The Property Registry;
and
(b) personally served on the registered Owner of the Derelict Property and on
every other person who, on the day the order is registered at The Property
Registry, appears from the records to have an interest in the property.
Time for Compliance
34.
The registered Owner shall bring the property into compliance with the Vacant
and Derelict Building By-law within ninety (90) days of service of the Preliminary
Derelict Building Order.
Right to Appeal
35.
Any person served with a Preliminary Derelict Building Order may appeal the
Order to Council. The appeal must be made in writing and must be received by
the City Manager of the City within ninety (90) days after the Order has been
served on the registered Owner. Any appeal under this section may be heard
by a Council Committee, in accordance with Section 85(1) of The Municipal Act.
Second Notice of Preliminary Order
36.
A second notice of the Preliminary Derelict Building Order may be issued by the
Designated Officer if a property continues to remain a Derelict Property for more
than thirty (30) days after the day on which the Preliminary Derelict Building
Order was served on all persons required to be served under Section 31.
37.
The second notice of the Preliminary Derelict Building Order must be issued in
the form set out in Schedule E - Second Notice of a Preliminary Derelict Building
Order to this by-law, and must include:
(a) the legal description of the property;
(b) a statement that the property continues to be a Derelict Property;
(c) a statement that if the property is not brought into compliance with the
Vacant and Derelict Building By-law within sixty (60) days, title to the above
noted property may be issued in the name of the City of Portage la Prairie
and the persons being served may be forever stopped from making any
claim in respect of the property; and
(d) a statement that the person served with the notice has the right to have
Council review the Preliminary Building Order or the time period required
to bring the property into compliance, providing the request to review the
Order must be made within 60 days after the second notice is served.
38.
The Designated Officer must ensure that a copy of the second notice is:
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(a) promptly registered against the Derelict Property at The Property Registry;
and
(b) personally served on the registered Owner of the Derelict Property and on
every other person who, on the day the order is registered at The Property
Registry, appears from the records to have an interest in the property.
Application for Derelict Building Permit
39.
A Designated Officer may apply to Council for a Derelict Building Permit if:
(a) a Preliminary Derelict Building Order and a second notice have been issued,
registered and served in accordance with the provisions contained herein;
(b) the time period for bringing the property into compliance with the Vacant
and Derelict Building By-law provided in the second notice of the Preliminary
Derelict Building Order has expired;
(c) the appeal period has expired, or if Council or a Council Committee has
reviewed the order and confirmed same, or varied the order, but the Order
as varied has not been complied with; and
(d) the Designated Officer is satisfied that the property continues to be in
contravention of the Vacant and Derelict Building By-law.
40.
When applying for a Derelict Building Permit, a Designated Officer must provide
Council with a completed and sworn or affirmed statutory declaration in the form
set out in Schedule F - Statutory Declaration to this By-law.
41.
Council, upon receipt of an application for a Derelict Building Permit, may, by
resolution, issue the permit if in the opinion of Council, there is a satisfactory
plan for redeveloping the Property.
Application for Title
42.
When a Derelict Building Permit is issued, the Designated Officer may:
(a) register the permit against the Derelict Property at The Property Registry;
and
(b) apply to the District Registrar for title to the Derelict Property to be issued
in the name of the City of Portage la Prairie .
43.
Application for title must be made within one hundred and twenty (120) days
after Council issued the Derelict Building Permit.
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PART V: ENACTMENT
44.
This by-law shall come into full force and take effect on the day after passing.
DONE AND PASSED by the Council of the City of Portage la Prairie, in Council duly
assembled, at the City of Portage la Prairie, Manitoba, this /D day of -:::Ti..4r.R.
2024.
Read a first time this
~-,
Read a second time this IO
Read a third time this
/0
day of
day of
day of
,2024. /)A/Ir
I 2024. ~
,2024. ~
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SCHEDULE A
TO BY-LAW 24-8761
MAINTENANCE STANDARDS FOR VACANT COMMERCIAL BUILDINGS
AND VACANT RESIDENTIAL BUILDINGS
1. Re-Occupancy of Vacant Commercial Buildings and Vacant Residential
Buildings
(a)
A Certificate of Occupancy is required for all Vacant Commercial Buildings and
Vacant Residential Buildings for which a Vacant Building Certificate has been
issued prior to re-occupancy; and
(b)
A Vacant Commercial Building or Vacant Residential Building may require
upgrading to meet the following objectives of the Code prior to re-occupancy:
(i)
Safety
(ii)
Health
(iii)
Accessibility for persons with disabilities
(iv)
Fire and structural protection of Buildings
(c)
The Designated Officer may require that a Code analysis of the Building be
carried out by a professional Designer licensed to practice in the Province of
Manitoba prior to re-occupancy.
2.
Heritage Buildings
(a)
Repairs, alterations and additions necessary for the preservation, restoration,
rehabilitation or continued use of a Building or structure may be made without
conformance to all requirements of the Code when authorized by a Designated
Officer, provided:
(i)
the Building or structure has been designated as a Heritage Building; and
(ii)
any unsafe conditions as described in the Code or this By-Law are
corrected; and
(iii)
the restored Building or structure will be no more hazardous with respect
to life safety, fire safety and sanitation than the existing Building.
(b)
The Designated Officer may require that a Code analysis of the Building be
carried out by a Designer licenced to practice in the Province of Manitoba prior
to re-occupancy.
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3. Exterior Aesthetic Condition
(a)
The Designated Officer may require the repair or replacement of any exterior
feature should the feature be in a condition that is deemed Unsightly. Exterior
features include, but are not limited to, the following:
(i)
Exterior parging
(ii)
Exterior wall finish
(iii)
Roofs and eaves
(iv)
Doors and windows
(v)
Porches, attached/detached garages, stairs, steps or any other feature
appurtenant to the property
(vi)
Decks and patios
(vii)
Fences
4.
Foundation Walls and Foundation Supports
(a)
Every foundation wall forming part of a Building shall be maintained in good
repair and structurally sound so as to prevent undue settlement of the Building
or the entrance of moisture, insects or rodents. Where necessary, the
foundation walls shall be so maintained by shoring of the walls, installing of
subsoil drains at the footing, grouting masonry cracks and by parging and
waterproofing.
(b)
Where any Building is on a surface foundation and the Designated Officer is of
the opinion that there is settlement or rotting of the beams or joists to such a
degree as to adversely affect the habitability of the Building, the Building may
be required to be jacked up, floors be levelled, broken or rotted flooring be
renewed, and a concrete surface foundation be constructed or concrete piers
be installed in compliance with the provisions of the City's Building By-law.
(c)
Basement walls and floors shall be of material impervious to ground or other
external moisture factors. The floor shall be so constructed as to effectively drain
all water into a floor drain which is connected to a Sewerage System or some
other approved system.
5. Structurally Sound
(a)
Basement, cellar or crawl space floors shall be maintained in good repair and
structurally sound and where necessary shall be so maintained by the
installation of subsoil drains at the footing, grouting cracks, parging and damp-
proofing.
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(b)
Every part of a Building shall be maintained in a structurally sound condition so
as to be capable of sustaining safely its own weight and any load to which it may
be subject.
(c)
Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
(d)
The Designed Officer may require that a structural analysis of the Building be
carried out by a professional structural engineer licensed to practice in the
Province of Manitoba.
6. Exterior Walls
(a)
Every exterior wall shall be free of holes, breaks, loose or rotting boards or
timbers, and any other conditions which might admit the entry of rodents or other
pests, rain or dampness to the interior portions of the walls or the interior spaces
of the Building. Such defective materials or objects shall be removed, repaired
or replaced.
(b)
All exterior surfaces shall be made of materials which provide adequate
protection from the weather.
(c)
The exterior walls and their components shall be maintained in a manner that
prevents their deterioration due to weather. Maintenance of the exterior walls
and their components may consist of wall restoration or repair, coping or
flashing, waterproofing of the joints and walls, or coverage with a protective
surface where this is necessary to resist deterioration of the structural surface.
7. Roof
(a)
A roof includes the facia board, soffit, cornice and flashing, all of which shall be
maintained in a watertight condition to prevent leakage into the building. Without
limiting the generality of this section, the required maintenance may include the
eaves troughing and rainwater piping repair or other means as deemed
acceptable by the Designated Officer.
(b)
The protective surface of a roof shall be maintained in good repair otherwise
replacement of the protective surface may be required if deemed necessary by
the Designated Officer.
(c)
Dangerous accumulations of snow or ice or both shall be removed from the roof
of any Building or part thereof.
8. Dampness
(a)
The interior floors, ceilings and walls shall be kept free from dampness that may
result from the entrance of moisture through an exterior wall, roof or through a
cellar, basement or crawl space floor.
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9. Doors and Windows
(a)
Every exterior door to a Commercial Building and every door to a commercial
unit within a Building, when closed, shall fit reasonably well within its frame and
shall have hardware so it is capable of being locked from both inside and
outside.
(b)
All doors to dwelling units or boarding or lodging units (if applicable) must allow
persons within the respective unit to exit without use of a key and must not be
secured with a lock and hasp.
(c)
All windows intended to be opened shall be equipped with hardware so they are
capable of being locked or otherwise secured from the inside of the Building.
Every window shall be properly glazed and in good repair.
(d)
All windows, doors, basement or cellar hatchways and their frames shall be
constructed and maintained with regard to wall construction, to completely
exclude rain and to substantially exclude wind from entering the structure.
(e)
The Designated Officer may require the repair/replacement of doors, door
frames, window frames, sashes casings and door and window hardware or the
refitting of doors and windows, installation of weather-stripping and window
reg lazing.
(f)
Every opening in an exterior wall used or required for ventilation or illumination,
and not protected by a window or door, and may permit the entry of rodents or
vermin, shall be screened with wire mesh, metal grille, or another durable
material, or otherwise protected to effectively prevent the entry of rodents or
vermin.
10. Porches, Sheds, Stairs
(a)
Every porch, shed and stairway in, on or appurtenant to a property shall be
maintained in good repair so that no component is broken, loose, rotted, warped,
out-of-plumb, off-level or out of alignment to which it was designed or
constructed, or is without a protective surface.
11. Handrails and Guards
(a)
Every interior stair that has more than two risers shall have the sides of the stair
and the landing or floor level around the stair well enclosed by walls or protected
by guards, at least 900mm in height on both sides, compliant with the Code.
(b)
Openings through a guard shall be sized to prevent the passage of spherical
objects having a diameter of 100 mm or as per Code requirements.
(c)
All handrails and guards shall be maintained in good repair and shall be firmly
attached to provide adequate protection against accident and injury.
- 16 -
Commercial Building
(d)
Handrails for stairs shall be not less than 800 mm and not more than 965 mm
above a line drawn through the outside edges of the stair nosings and 1070 mm
above landings or as per Code requirements.
(e)
Every exterior stair with more than three risers and every exterior landing or
porch exceeding 600 mm or more above grade, and every balcony, mezzanine,
gallery, raised walkway, and roof, to which access is provided for other than
maintenance purposes, shall be protected by guards on all open sides or per
Code requirements.
(f)
Guards around stairs shall be at least 920 mm in height. All other guards shall
be at least 1070 mm in height or as per Code requirements.
(g)
Guards around exterior stairs and landings more than 10 m above the adjacent
ground level shall be at least 1500 mm in height.
Residential Building
(h)
Every interior stair that has more than two risers shall have the sides of the stair
and the landing or floor level around the stairwell enclosed by walls or protected
by guards at least 900 mm in height on both sides.
(i)
Handrails for stairs shall be not less than 800 mm and not more than 965 mm
above a line drawn through the outside edges of the stair nosings and 1070 mm
above landings.
U)
Every exterior stair with more than three risers and every exterior landing or
porch exceeding 600 mm or more above grade, and every balcony, mezzanine,
gallery, raised walkway, and roof, to which access is provided for other than
maintenance purposes, shall be protected by guards.
(k)
All guards shall be at least 1070 mm high, except for guards within Dwelling
units, guards within houses with secondary suites and guards around interior
flights of stairs which shall be at least 900 mm in height above a line drawn
through the outside edges of the stair nosings.
(I)
Guards around exterior stairs and landings not more than 1.8 m above the
adjacent ground level shall be at least 900 mm in height. Guards around exterior
stairs and landings more than 1.8 m above the adjacent ground level shall be at
least 1070 mm in height.
12. Screens and Storm Doors
(a)
Close-fitting screen doors when provided shall be maintained in good condition.
-17-
(b)
Storm sashes used in windows required for ventilating purposes shall be
provided with sliding or hinged sub-sashes or with any other opening device
satisfactory to the Designated Officer.
(c)
Where storm windows are installed in a Residential Building, such windows shall
be kept in good repair and glazed.
(d)
Where considered necessary by the Designated Officer, properly fitting storm
doors or storm windows shall be provided in a residential Building.
13. Exterior Fire Escapes
(a)
A fire escape may be considered a second and separate means of egress for a
Building, provided it is constructed in conformance with the Code.
(b)
An existing fire escape will be acceptable as an exit provided it is in a safe
condition as determined by the Designated Officer. If repairs are required, those
repairs shall be made in conformance to the Code.
(c)
If a new fire escape is required, it shall be constructed entirely in conformance
with the Code. Prior to construction, drawings and material specifications shall
be submitted to the Designated Officer for approval.
(d)
Where the construction of a new fire escape or the repair of an existing fire
escape is required, the Designated Officer may require that a structural analysis
be performed on said fire escape by a professional structural engineer licensed
to practice in the Province of Manitoba and that all remedial action cited in the
aforementioned structural analysis be completed to the satisfaction of the
professional structural engineer.
14. Walls and Ceilings
Commercial Building
(a)
Every wall and ceiling in a Commercial Building including door jams and stops,
baseboards, and other components, shall be maintained in good condition and
free from holes, large cracks, loose plaster and accident hazards. The
Designated Officer, where he deems necessary, may require that any of the
aforementioned components be renewed .
Residential Building
(b)
Every wall and ceiling in a Residential Building including door jams and stops,
baseboards, and other components, shall be maintained in good condition and
free from holes, large cracks, loose plaster and accident hazards. The
Designated Officer, where he deems necessary, may require that any of the
aforementioned components be renewed.
-18-
(c)
Waterproof wall finish shall be provided:
(i) To a height of at least 1.8 m above the floor in shower stalls;
(ii) To a height of at least 1.2 m above the rims of bathtubs equipped with
showers; and
(iii) To a height of at least 400 mm above the rims of bathtubs not equipped with
showers.
(d)
Acceptable waterproof wall finishes include ceramic, plastic or metal tile, sheet
vinyl, tempered hardboard, laminated thermosetting decorative sheets or
linoleum.
15. Floors
(a)
Every floor shall be free of loose, warped, protruding or rotting floor boards, and
free of holes or cracks and other defects that could be fire or accident hazards,
and shall be maintained in a clean and sanitary condition.
(b)
Floor coverings shall be in good repair, well fitted and capable of being easily
kept clean.
(c)
Any vertical opening in a floor, including but not limited to service spaces,
chutes, air vents and elevator shafts, must be covered or barricaded in a manner
that prevents accident or injury.
16. Sewage and Drainage
(a)
No roof drainage or surface drainage shall be discharged on stairs or
neighbouring property, all such drainage shall be conveyed so that it does not
cause dampness in the walls, ceilings, or floors of any portion of the Building
itself or any adjacent Building.
(b)
Sewage shall only be discharged into a Sewerage System in accordance with
the provisions of the Provincial Regulations and the City's Sewer By-Law, as
amended from time to time.
(c)
Sewage shall not be discharged onto the surface of the ground whether it be a
natural or artificial drainage system or otherwise.
17. Water Supply
Commercial Building
Every Commercial Building shall be connected to an adequate supply of potable
running water.
- 19 -
Residential Building
(a)
Every Dwelling shall be connected to an adequate supply of potable running
water.
(b)
Every sink, wash basin, bathtub or shower that is used for sanitary purposes
in a Dwelling shall have an adequate supply of hot and cold running water and
every water closet shall have an adequate supply of running water.
(c)
Hot water supplied to a Dwelling shall be capable of meeting a minimum
temperature of 43 degrees Celsius at each tap.
18. Maintenance of Yards
(a)
A yard shall be kept free and clean from:
(i) rubbish, garbage, and other debris;
(ii) wrecked, dismantled, partially dismantled vehicles, trailers and other
machinery or any parts thereof; and
(iii) objects and conditions, including holes and excavations, that are health,
fire or accident hazards.
(b)
A yard shall be graded in such a manner as to prevent the excessive or
recurrent ponding of storm water or the entrance of water into a basement or
cellar and shall be cultivated or protected with a suitable ground cover to
prevent erosion of the soil.
(c)
Vegetation in yards surrounding vacant Commercial Buildings must be kept
trimmed or in a manner that is satisfactory to the Designated Officer.
19. Walks
(a)
A walk shall be provided from the principal entrance of every Building to a
public street or to a driveway affording access to a public street and such walk
shall be kept reasonably clear of snow and ice.
(b)
Every sidewalk, driveway and parking space and all exterior steps shall be kept
in good repair and shall be maintained so as to afford safe passage under
normal use and weather conditions.
20. Fences and Accessory Buildings
(a)
All fences and accessory Buildings shall be kept weather resistant, in good
repair, and free from health, fire and accident hazards.
- 20 -
21. Garbage Disposal
(a)
Garbage disposals shall be in accordance with the Provincial Regulations
22. Unsafe Conditions and Dangerous Buildings
(a)
When a Commercial Building, Residential Building or structure or part thereof,
or a well, excavation, or opening, is in an unsafe condition, the Designated
Officer may proceed to take action pursuant to the provisions contained in the
City of Portage la Prairie's Building By-law as it relates to unsafe conditions.
23. Hazardous Conditions
(a)
No Commercial Building, or any part thereof, or the lot upon which it is situated
shall be used as a place of storage, keeping or handling of any article
dangerous or detrimental to life or health, nor of any combustible article, except
under such conditions as may be prescribed by the Designated Officer of the
Fire Department under authority of a written permit issued by him.
24. Hazardous Materials
(a)
The Owner must ensure that a copy of the records of the inventory and annual
inspection of the hazardous materials contained in a property are available for
reference by the Designated Officer as per the Manitoba Workplace Safety and
Health Act & Regulations.
25. Heating Requirement
Commercial Building
(a)
Vacant Commercial Buildings shall be heated so that the temperature therein
does not fall below 10 degrees Celsius unless an assessment performed by a
professional structural engineer licensed to practice in the Province of
Manitoba has deemed it acceptable and safe for the Building to remain without
heat.
Residential Building
(b)
Residential Vacant Buildings shall be heated so that the temperature therein
does not fall below 10 degrees Celsius.
(c)
Any space within a Residential Building containing fuel-burning equipment
shall have a natural or mechanical means of supplying fresh air for combustion
and shall be vented in compliance with the Manitoba Building Code.
(d)
All chimneys, smoke pipes and flues of a Residential Building shall not permit
any gases, water or other liquid to leak into the Dwelling, shall be clear of
obstructions and shall have no defective masonry or metal components.
- 21 -
(e)
Where a heating system or part of a heating system in a Residential Building
burns solid or liquid fuel, a receptacle approved by the Department of Labour
for the storage of fuel must be provided and maintained in a location that is
free from fire or other hazards.
(f)
A Designated Officer may require that a Certificate of Approval from Manitoba
Hydro be provided for a fuel-burning appliance.
(g)
Every fireplace used or intended to be used in a Residential Building for
burning fuels in open fires shall be maintained so that adjacent combustible
material and structural members shall not be heated to unsafe temperatures.
(h)
Solid fuel burning appliances must comply with the latest Standards referenced
in the Code.
26. Gas and Open Flame Appliances
(a)
All appliances within a Commercial Building using open flames such as gas
stoves, gas water heaters or other gas appliances must be in good repair and
shall be provided with suitable exhaust piping or flues or other adequate means
for the removal of the products of combustion.
27. Ventilation
(a)
Every basement, cellar, crawl space or similar enclosed space within a
Building must be ventilated sufficiently to prevent the occurrence of mold,
mildew and condensation and shall provide an exchange of fresh air;
(b)
All open or enclosed spaces within a Building shall be adequately ventilated,
and access of sufficient size to permit entry shall be provided.
28. Plumbing
(a)
All plumbing in a Commercial Building including but not limited to plumbing
fixtures, drains, water pipes and connecting lines to the water and sewer
system shall be protected from freezing, shall be maintained in good working
order. All plumbing shall be free from leaks and defects and meet the
requirements of the City of Portage la Prairie 's Building By-law and Provincial
Regulations.
29. Electrical Services
(a)
Commercial Buildings and Residential Buildings shall be hardwired to an
electrical supply system. A continuous supply of hardwired electric power must
be available to all areas of the Building which shall include, but will not be
limited to, the minimum lighting requirements deemed necessary by the Code.
- 22 -
(b)
The capacity of the electrical service to the Commercial Building, and the
system of circuits distributing the electrical service throughout the Building,
shall be adequate for the actual or intended use of the Building. The
Designated Officer may require that a Certificate of Approval from Manitoba
Hydro be provided for the Building.
30. Fire Safety Plan (Commercial Building)
(a)
The Owner of a Commercial Building to which Part 3 of the Manitoba Building
Code applies, or a Building to which Part 9 of the Manitoba Building Code
applies and in which a fire alarm or sprinkler system has been installed, must
submit a Fire Safety Plan with the Designated Officer within 90 days of the
Building being identified as vacant.
31. Fire Protection Systems (Commercial Building)
(a)
A Fire Protection System must remain operational and be connected to an
approved fire signal receiving centre in compliance with CAN/ULC- S561-03,
adopted and published by the Underwriter's Laboratories of Canada, so that
the City's Fire Department is notified of a fire alarm activation in the Building.
32. Smoke Alarm and Carbon Monoxide Alarm Systems
(a)
All Residential Buildings used as revenue earning or rental Dwelling units, shall
contain at least one smoke alarm or carbon monoxide (CO) alarm certified by
Underwriters Laboratories of Canada (ULC) or Canadian Standards
Association (CSA).
- 23 -
SCHEDULE B
TO BY-LAW 24-8761
MAINTENANCE STANDARDS FOR BOARDED BUILDINGS
1. Re-Occupancy of Boarded Commercial or Boarded Residential Buildings
(a)
Prior to re-occupancy of either a Boarded Commercial Building or Boarded
Residential Building, the Building shall be in compliance with the re- occupancy
Standards of this By-law as outlined in Schedule A - Maintenance Standards
for Vacant Commercial Buildings and Vacant Residential Buildings.
2.
Heritage Buildings
(a)
Repairs, alterations and additions necessary for the preservation, restoration,
rehabilitation or continued use of a Building or structure may be made without
conformance to all requirements of the Code when authorized by a Designated
Officer, provided:
(i) the Building or structure has been designated as a Heritag~ Building; and
(ii) any unsafe conditions as described in the Code or this By-law are
corrected; and
(iii) the restored Building or structure will be no more hazardous with respect
to life safety, fire safety and sanitation than the existing Building.
3. Structurally Sound
(a)
Basement, cellar or crawl space floors shall be maintained in good repair and
structurally sound and where necessary shall be so maintained by the
installation of subsoil drains at the footing, grouting cracks, parging and damp-
proofing.
(b)
Every part of a Building shall be maintained in a structurally sound condition
so as to be capable of sustaining safely its own weight and any load to which
it may be subject.
(c)
Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
(d)
The Designated Officer may require that a structural analysis of the Building,
or a portion thereof, be carried out by a professional structural engineer
licensed to practice in the Province of Manitoba and any remedial action
deemed necessary by said structural analysis shall be completed forthwith and
to the satisfaction of the professional structural engineer.
- 24 -
4.
Exterior Walls
(a)
Every exterior wall shall be free of holes, breaks, loose or rotting boards or
timbers, and any other conditions which might admit the entry of rodents or
other pests, rain or dampness to the interior portions of the walls or the interior
spaces of the Building. Such defective materials or objects shall be removed,
repaired or replaced.
(b)
All exterior surfaces shall be made of materials which provide adequate
protection from the weather.
(c)
The exterior walls and their components shall be maintained in a manner that
prevents their deterioration due to weather. Maintenance of the exterior walls
and their components may consist of wall restoration or repair, coping or
flashing, waterproofing of the joints and walls, or coverage with an acceptable
protective surface where this is necessary to resist deterioration of the
structural surface.
5. Roof
(a)
A roof includes the facia board, soffit, cornice and flashing, all of which shall
be maintained in a watertight condition to prevent leakage into the Building.
Without limiting the generality of this section, the required maintenance may
include the eavestroughing and rainwater piping repair or other means as
deemed acceptable by the Designated Officer.
(b)
The protective surface of a roof shall be maintained in good repair to resist its
deterioration or replacement of the protective surface may be required if
deemed necessary by the Designated Officer.
(c)
Dangerous accumulations of snow or ice or both shall be removed from the
roof of any Building or part thereof.
6.
Dampness
(a)
The interior floors, ceilings and walls shall be kept free from dampness that
may result from the entrance of moisture through an exterior wall, roof or
through a cellar, basement or crawl space floor.
7. Porches, Sheds, Stairs, Attached/Detached Garages
(a)
Every porch, shed, stairway and attached/detached garage in, on or
appurtenant to a Building shall be maintained in good repair so that no
component is broken, loose, rotted, warped, out-of-plumb, off-level or out of
alignment to which it was designed or constructed, or is without a protective
surface.
- 25 -
8. Sewage and Drainage
(a)
No roof drainage or surface drainage shall be discharged on stairs or
neighbouring property and all such drainage shall be conveyed so that it does
not cause dampness in the walls, ceilings or floors of any portion of the Building
itself or any adjacent Building.
(b)
Sewage shall only be discharged into a Sewerage System in accordance with
the provisions of the Provincial Regulations and City of Portage la Prairie's By-
law.
(c)
Sewage shall not be discharged onto the surface of the ground whether it be
a natural or artificial drainage system or otherwise.
(d)
Rainwater shall not be discharged into the City of Portage la Prairie's
Sewerage System by means of conduit. Such drainage shall be directly or
indirectly channeled into the storm sewer system or into surface drainage
channels. Drainage by way of weeping tiles into the City of Portage la Prairie's
Sewerage System shall be allowed.
(e)
Disconnection of Sewage systems shall be in compliance with the City of
Portage la Prairie's By-laws and policies.
9. Maintenance of Yards
(a)
A yard shall be kept free and clean from:
(i) rubbish, garbage, and oth~r debris;
(ii) wrecked, dismantled, partially dismantled vehicles, trailers and other
machinery or any parts thereof; and
(iii) objects and conditions, including holes and excavations, that are health,
fire or accident hazards.
(b)
A yard shall be graded in such a manner as to prevent the excessive or
recurrent ponding of storm water or the entrance of water into a basement or
cellar and shall be cultivated or protected with a suitable ground cover to
prevent erosion of the soil.
(c)
Vegetation in yards surrounding boarded Buildings must be kept trimmed or in
a manner that is reasonably satisfactory to the Designated Officer.
10. Fences
(a)
All fences shall be kept weather resistant, in good repair, and free from health,
fire and accident hazards.
- 26 -
11. Garbage Disposal
(a)
Garbage disposal shall be in accordance with the Provincial Regulations for
Collection and Disposal and any of the City of Portage la Prairie's By-laws.
(b)
Unsafe Conditions and Dangerous Buildings
(c)
When a Building or structure or part thereof, or a well, excavation or opening,
is in an unsafe condition, the Designated Officer may proceed to take action
pursuant to the provisions contained in the City of Portage la Prairie's Building
By-law as it relates to unsafe conditions.
12. Hazardous Conditions
(a)
No Building, or any part thereof, or the lot upon which it is situated shall be
used as a place of storage, keeping or handling of any article dangerous or
detrimental to life or health, nor of any combustible article, except under such
conditions as may be prescribed by a Designated Officer of the Fire
Department under authority of a written permit issued by him.
13. Hazardous Materials
(a)
The Owner must ensure that a copy of the records of the inventory and annual
inspection of the hazardous materials contained in a property are available for
reference by the Designated Officer as per the Manitoba Workplace Safety and
Health Act & Regulations.
14. Boarding Requirements for All Structures on Property
(a)
All doors, windows and other openings at the basement and first floor levels
shall be covered with a solid piece of plywood, at least 11 mm thick and the
plywood shall be secured with nails at least 50 mm long, spaced not more than
150 mm on centre;
(b)
Unless otherwise accepted by the Designated Officer, all doors, windows and
other openings on the second and third floors shall be covered with a solid
piece of plywood, at least 8 mm thick that shall be adequately nailed or
otherwise secured;
(c)
The principal entrance for the Building shall be covered with a solid piece of
plywood at least 11 mm thick, secured with screws 50 mm in length, spaced
not more than 150 mm on centre;
(d)
Plywood applied to openings shall be installed from the exterior for all openings
on the first and second floor levels and may be installed from on either the
interior or exterior for openings located on the third floor and higher. All
plywood shall be fitted within the frames in a manner acceptable to the
- 27 -
Designated Officer and shall be painted with two coats of white paint on the
exterior side;
(e)
Openings that are not covered with plywood shall be cleared of broken glass
and any other loose material;
(f)
Exterior access to floor areas above the first floor, such as fire escapes and
ladders shall be:
(i) removed up to the second-floor level or to a height of 4 meters above the
ground, whichever is lesser; or
(ii) guarded to the satisfaction of the Designated Officer;
(g)
Openings to passageways shall be adequately secured and protected.
Openings in a street or sidewalk to any passageways shall be covered with an
appropriate metal plate, having a thickness not less than 8 mm and the plate
shall be anchored or secured to prevent it from shifting. Alternatively, the
areaway may be filled with concrete or unshrinkable fill to the satisfaction of
the authority having jurisdiction;
(h)
Facia signs, overhanging signs, roof signs and all other appurtenances, such
as sun visors or awnings, shall be removed if they are in a dangerous condition
or could create such a condition;
(i)
All loose material on the exterior of the Building shall be removed and any
condition which may become a hazard or danger to the public shall be
corrected;
(j)
Utilities, including but not limited to, hydro, gas and water, shall be cut off or
shut off to the satisfaction of the utility concerned.
TO:
FROM:
- 28 -
SCHEDULE C
TO BY-LAW 24-8761
ORDER TO MAINTAIN
CITY OF PORTAGE LA PRAIRIE
PURSUANT to the City of Portage la Prairie Vacant and Derelict Building By-Law 24-
8761, an Inspector for the City of Portage la Prairie inspected the land, Building and
premises commonly known as:
in the City of Portage la Prairie, in Manitoba, said property being legally described as:
the registered Owner of the said property being:
and as a result of this inspection, the Inspector is satisfied that the land, Building, and
premises do not comply with the Standards prescribed in the said By-Law in that:
The above are contraventions of Section(s):
PURSUANT to SECTION 16 of the said By-Law, _________ ,
Designated Officer, being an Inspector of the City of Portage la Prairie, herewith orders
you to bring the property into conformity with the provisions of the said By-Law and
herewith orders you to bring the said property into conformity with the provisions of the
said By-Law within 21 (twenty-one) days from the date of service of this Order.
A BUILDING PERMIT UNDER THE CITY'S BUILDING BY-LAW WILL BE REQUIRED
TO DO THE WORK NECESSARY TO COMPLY WITH THE VACANT AND DERELICT
BUILDING STANDARDS BY-LAW.
PURSUANT to SECTION 21 of the said By-Law, the Owner(s) or a person authorized in
writing by him/her to act on his/her behalf, may appeal this Order or any provisions hereof
by filing with the City Manager, a NOTICE OF OBJECTION within FOURTEEN (14) DAYS
following the service of this Order.
- 29 -
SECTION 24 of the said By-Law provides:
"Where an Owner has failed to comply with an Order either of an
Inspector or an Order made by Council, as the case may be, then the
Authority having jurisdiction may cause the Non-Conformance to be
corrected without any further notice to the Owner. The entire costs of
correcting the Non-Conformance are considered an amount owing to
the City as per provisions of The Municipal Act and shall be added to
the taxes of the Owner."
SIGNED at the City of Portage la Prairie, in Manitoba, this __ day of ____ _
20
City of Portage la Prairie
Per: ------------ -
DES I GNAT ED OFFICER
- 30 -
SCHEDULED
TO BY-LAW 24-8761
PRELIMINARY DERELICT BUILDING ORDER
RE: the property legally described as _______ _ _ ________ _
commonly known as ______________________ _
in the City of Portage la Prairie :
WHEREAS the registered Owner of the above-noted property has been found guilty of
contravening a derelict Building by-law, namely, the Vacant and Derelict Building By-law
No. 24-8761 on the following date: ________ _
AND WHEREAS I am satisfied on the basis of the inspection of the above-noted property
by an enforcement officer with authority to enforce the Vacant and Derelict Building By-
law that the property continues to be in contravention of the Vacant and Derelict Building
By-law;
THEREFORE, TAKE NOTICE THAT
The above-noted property is a Derelict Property as defined in The Municipal Act of
Manitoba.
The above-noted property may be transferred to the City of Portage la Prairie if it is not
brought into compliance with the Vacant and Derelict Building By-law within ninety (90)
days after this Order has been served on the registered Owner.
AND FURTHER TAKE NOTICE THAT
You may have a right to appeal this Order to the Council of the City of Portage la Prairie.
Your appeal must be in writing and must be received by the City Manager of the City of
Portage la Prairie, Manitoba, within ninety (90) days after this order has been served on
you.
If you have any questions concerning this Order or the consequences of failing to bring
the property into compliance with the Vacant and Derelict: Building By-law No. 24-8761
please contact ___________ at (204) ______ _
Designated Officer
Date
- 31 -
SCHEDULE E
TO BY-LAW 24-8761
SECOND NOTICE OF A PRELIMINARY DERELICT BUILDING ORDER
RE: the property legally described as ________________ _
commonly known as _______ ______________ _
in the City of Portage la Prairie.
WHEREAS a Preliminary Derelict Building Order in respect of the above-noted property
was issued on ___________ (copy attached);
AND WHEREAS more than thirty (30) days have passed since all the persons required
by The Municipal Act of Manitoba to be served with a copy of the Preliminary Derelict
Building Order were served with a copy of the Order;
AND WHEREAS the property continues to remain a Derelict Property in that it is not in
compliance with the Vacant and Derelict Building By-law;
THEREFORE TAKE NOTICE THAT:
Unless the above-noted property is brought into compliance with the Vacant and Derelict
Building By-law within sixty (60) days after this Second Notice is served on the registered
Owner of the property and the interested persons on whom it is required to be served
- Title to the above-noted property may be issued in the name of the City of Portage la
Prairie; and
- You may be forever estopped and debarred from setting up any claim to or in respect
of the property.
You have a right to appeal the Preliminary Derelict Building Order in the time period set
out in it for bringing the property into compliance with the Vacant and Derelict Building
By-law No. 24-8761, to the Council of the City of Portage la Prairie. Your appeal must be
in writing and must be received by the City Manager at City Hall, 97 Saskatchewan Ave
E, Portage la Prairie, Manitoba, R1 N 0L8, within sixty (60) days after this order has been
served on you.
If you have any questions concerning this Order or the consequences of failing to bring
the property into compliance with Vacant and Derelict Building By-Law 24-8761, please
contact __________ at (204) ______ _
Designated Officer
Date
- 32 -
SCHEDULE F
TO BY-LAW 24-8761
STATUTORY DECLARATION
RE: the property legally described as _________________ _
commonly known as _ _ _____________________ _
in the City of Portage la Prairie :
I, ___________ , a Designated Officer for the purposes of Vacant and
Derelict Building By-law 24-8761, MAKE OATH (OR AFFIRM) THAT:
- A Preliminary Derelict Building Order in respect of the above-noted property was
issued on _________ (Exhibit A) and a Second Notice of a
Preliminary Derelict Building Order in respect of the above-noted property was issued
on ___________ (Exhibit B). Both the Preliminary Derelict Building
Order and the Second Notice of a Preliminary Derelict Building Order have been
registered at The Property Registry and have been served in accordance with The
Municipal Act of Manitoba.
- The time period for bringing the above-noted property into compliance with the Vacant
and Derelict Building By-law provided in the Preliminary Derelict Building Order and
the Second Notice of a Preliminary Derelict Building Order has expired.
- The time period within which an appeal against the Preliminary Derelict Building Order
may be taken has expired or, if an appeal against the Order was taken, the appeal has
been decided and the decision either (a) confirmed the Order or (b) varied the Order
but the person has not complied with the Order as varied.
-
I am satisfied on the basis of inspections carried out by me or by other employees of
the City of Portage la Prairie who are authorized to enforce the Vacant and Derelict
Building By-law that the property continues to be in contravention of the By-law.
SWORN/ AFFIRMED BEFORE ME at )
the City of Portage la Prairie in the
Province of Manitoba on the ---
dayof _______ ,20 __ .
A Commissioner for Oaths in and for
the Province of Manitoba.
)
)
)
)
)
My Commission Expires on ____ _
Name:
Phone: ------------
Designated Officer