Unsightly Property 07 04.pdf — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 32cd16c61984 · verified 2026-06-09 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## RM OF COLDWELL ## BY-LAW 07/2004 ## BEING A BY-LAW TO REGULATE NUISANCES, DERELICT, ABANDONED AND UNSIGHTLY PROPERTY IN THE RM OF COLDWELL. WHEREAS The Municipal Act reads in part as follows: - 232(1) A Council may pass by-laws for municipal purposes respecting the following matters; - (c) subject to section 233, activities or things in or on private property;... - (a) the safety, health, protection and well-being of people, and the safety and protection of property;... - (o) the enforcement of by-laws - | 232(2) Without limiting the generality of subsection (1), a council may in a bylaw passed under this Division... - d) establish fees or other charges for services, activities or thing rovided or done by the municipality or for the use of property unde the ownership, direction, management or control of the municipality.... - 233 A 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 stores and the manner of parking and - (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 bylaws), a by-law passed under that clause may include provisions - (b) remedying contraventions of by-laws, including - (a) providing for procedures, including inspections, for determining whether by-laws are by-laws are being complied with; and - (1) - (ii) ubject to the regulations, providing for fines and penalties ncluding 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 - (iii) Providing that an amount owing under sub-clause (ii) may be collected in any manner in which a tax may be collected - (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 - (vi) Imposing a sentence of imprisonment for not more than six nonths for the commission of offences or non-payment o: fines. ## RM OF COLDWELL - BY-LAW 07/04 - PAGE 2 - 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 be written order require the person responsible for the contravention to remedy it if, in the opinion of the officers, 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; - 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; - (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 officers, 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 - (1) to eliminate the danger to public safety in the manner specified, or - (b) in the case of land that contains the excavation or hole, require the! owner - (ii) remove or demolish the structure and level the site; - (i) to eliminate the danger to public safety in the manner specified, or - (11) fill in the excavation or hole and level the site; - (c) in the case of property that is in an unsightly condition, require the owner - (i) to improve the appearance of the property in the manner specified, or - (ii) if the property is a building or other structure, remove or demolish the structure and level the site. 243(2) The order may - (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. - (a) state a time within which the person must comply with the order; and ND WHEREAS it is deemed expedient to pass a By-law for the purpose o laintaining property and regulating and abating nuisances and derelic abandoned and unsightly property that are detrimental to the health, safety and comfort of the residents of the Municipality of Coldwell; NOW THEREFORE the Council of the Municipality of Coldwell, in Council assembled, enact the following policies and procedures which shall govern the inspection, remedy, enforcement of action respecting unsightly and/or unsafe property and/or structures or those which may cause a nuisance in the ## RM OF COLDWELL - BY-LAW 07/04 - PAGE 3 2. Definitions 2. (b) "designated officer" means a member of council or other official appointed by council, from time to time, to enforce this by-law. 3. (a) "council" means the council duly elected in the Municipality. 4. (c) "interested person" means the owner, occupier or mortgagee of property which is the subject of an order made under the authority of 5. records of the land titles office for the area within which the property is situated. 6. (e) "Municipality" means the Municipality of Coldwell. - (8) "orner in checise fary property me as the git red ros of the Municipality. 8. (f "occupier" in the case of any property means the registered owner of the property according to the current assessment records of the Municipality. 9. (h) "person" means an individual, firm, partnership or corporation and where the context requires shall include the plural as well as the - Cr with the Mimicipatiny as defined in there is sipal Astern t dwelling house or any other building. 11. (k) "unsafe" means any structure, whether a building, fence, excavation or hole, which in the opinion of the designated officer is a risk of collapse or otherwise dangerous to public safety or property. 12. (i) "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, vaste paper or cardboard, which causes or is likely to cause a publi hazard or nuisance, or is unacceptably offensive in light of community standards of cleanliness aesthetics. - (1) "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 weds same become a nuisance to adjoining ## Application - This by-law applies to all property and to all owners and occupiers of property within the Municipality. - Standards 4. 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: - (b) Unsafe structure(s); - (a) Rubbish; - (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 of not the same are capable of operation; - (g) The growth of grass to a length which in the opinion of the designated officer is unsightly; or - (f) The growth of weeds as defined in the Noxious Weeds Act so that the same become a nuisance to adjoining properties; - (h) Regular outdoor burning, the smoke of which causes a nuisance to adjoining properties. ## Complaint - Any person may allege a violation of this by-law by filing a written complai ith the designated officer in such form and with such particulars as t designated officer may from time to time require. - Upon receipt of a complaint, as aforesaid, the designated officer shall inspect Il property alleged to be in violation of this by-law, in such manner as shal 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 t he owner and occupier of the property by regular mail substantially i the form attached as Schedule A. 3. (b) if the contravention continues following the warning notice, if any, rovided under subsection 6(a) above, or if in his or her discretion n uch warning notice is provided, the designated officer shall issue written order which shall: 4. 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; 5. (iii) advise of the process of appeal; 6. (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 Chief Administrative Officer of the Municipality at any time before the time for compliance with such order an objection substantially in the form attached a Schedule "C". 8. Upon receipt of an appeal 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 of same by holding a hearing. Council may hear the appeal as a ommittee of the whole or by subcommittee especially established for thi urpose. A notice of hearing shall be issued by council and shall be serve 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: 4. (a) Confirm the order of the designated officer; ## RM OF COLDWELL - BY-LAW 07/04 - PAGE 5 - (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: 2. (a) The owner; 3. (b) the occupier, if any; and 4. (C) in respect to any order alleging a violation of subsection 3(b) (unsafe structures), the mortgagee, if any; 5. 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 o fan owner, the address for mailing shall be a 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 ## 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 ox 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 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 5. Where the contravention, refusal, neglect, omission, or failure continues fo nore than one day, the person or corporation is guilty of a separate offence fo each day it continues. DONE AND PASSED in council duly assembled at the RM of Coldwell in the Province of Manitoba this 14"' day of September, 2004.  B.R. Ohomar: Brian Thomas, Reev K. same hired, chi Chief Administrative Officer Read a first time this Read a second time this Read a third time this day of i4t'h day of day o August, 2004. September, 2004. September, 2004.