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## THE RURAL MUNICIPALITY OF HEADINGLEY
## BY-LAW NO. 5-2024
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF HEADINGLEY To maintain property and to regulate nuisances, derelict, abandoned and unsightly premises, and to repeal By-Laws 12-1993 and 16-1993
WHEREAS The Municipal Act, Chapter M225, Continuing Consolidation of the Statutes of Manitoba provides as follows:
## Spheres of Jurisdiction
- (a) the safety, health, protection and well-being of people, and the safety and protection of property;
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;..
- (0) the enforcement of by-laws.
## Exercising by-law making powers
232(2) Without limiting the generality of subsection (1), a council may in a by-law passed under this Division
- (a) regulate or prohibit,..
- (d) establish fees or other charges for services, activities or things provided or done by the municipality for the use of property under the ownership, direction, management or control of the municipality.
## Content of by-laws under clause 232(1)(c)
- the requirement that land and improvements be kept and maintained in a safe and clean condition;
- A by-law under clause 232(1)(c) (activities or things in or on private property) may contain provisions only in respect of
- the parking 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 topsoil; 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.
## Content of by-laws under clause 232(1)(o)
- (a) providing for procedures, including inspections, for determining whether bylaws are being complied with; and
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
- (b) remedying contraventions of by-laws, including
- 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,
- (i) creating offences,
- (iii) providing that an amount owing under subclause (i) may be collected in any manner in which a tax may be collected or enforced under this Act,
- (iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles or other things related to a contravention,
- (v) charging and collecting costs incurred in respect of acting under subclause (iv),
- (Vi) imposing a sentence of imprisonment for not more than six months for the commission of offences or nonpayment of fines.
## Order to remedy contravention
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.
AND WHEREAS it is deemed expedient to pass a By-Law for the purpose of maintaining property and regulating and abating nuisances and derelict, abandoned and unsightly property that are detrimental to the health, safety and comfort of the residents of the Rural Municipality of Headingley;
NOW THEREFORE, the Council of The Rural Municipality of Headingley enacts as follows:
## 1. Definitions
- a. "council" means the council duly elected in the Municipality.
- b. "derelict vehicle" means a vehicle that meets one or more of the following conditions:
- i. is not in operating condition,
- ii. does not have attached thereto, and exposed thereon, one or more licence plate with current vehicle registration stickers,
- iii. is kept in the open; and
- iv. the owner thereof either has abandoned it or is keeping it primarily for the purposes of salvaging or selling parts therefrom, or for the eventual sale of scrap metal,
and derelict vehicle also includes the body or chassis of a used motor vehicle all or some of the parts of which have been removed, and to which clauses il, ill, and iv apply.
- c. "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.
- d. "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.
- e. "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.
- f. "Municipality" means the Rural Municipality of Headingley.
- g. "occupier" in the case of any property means a person in actual or constructive possession of the property pursuant to a lease, tenancy licence or other right to occupy.
- h. "owner" in the case of any property means the registered owner of the property according to the current assessment records of the Municipality.
- i. "person" means an individual, firm, partnership or corporation and where the context requires shall include the plural as well as the singular.
- j. "property" means an 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.
- k. "rubbish" means any garbage, trash or junk including, but not limited to, unwanted or discarded household items, waste from building construction, remodelling and repair; tree branches, grass and shrub clippings, leaves or other general yard and garden waste; motor vehicle parts or tires; newspapers, magazines, packaging materials, waste paper or cardboard, dead animal carcasses, and any other unsightly or discarded material which causes or is likely to cause a public hazard or nuisance, r is unacceptably offensive in light of community standards of cleanliness o generally accepted neighbourhood aesthetics.
- I. "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.
- m. "unsightly property" means a property which in the opinion of the designated officer is detrimental to the surrounding area due to a condition or conditions that could cause a property to be determined as dangerous or unsightly or unhealthy, including or weeds or other combustible materials, or the growth or grass of weeds to a length which is unsightly so that same becomes 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:
- c. unsightly property
- d. derelict vehicle(s)
- e. household appliances, whether or 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
6. 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
4. Any person may allege a violation of this by-law by filing a written complaint with the designated officer in such form and with such particulars as the designated officer may from time to time require.
## Inspections
5. Upon receipt of a complaint, as aforesaid, the designated officer shall inspect all property alleged to be in violation of this by-law, in such manner as shall be reasonably necessary in order to determine whether or not there has been a violation of this by-law.
## Warning and Orders
6. Where inspections reveal a violation of any provision of this by-law, the designated officer:
- a. may in his/her/their discretion given written notice of the contravention to the owner and occupier of the property by regular mail,
- 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-
4. specify the time within which compliance shall be required;
5. advise of the process of appeal;
- 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;
## Appeals
7. Any interested person may appeal an order made by the designated officer by filing, in written form, with the Chief Administrative Officer of the Municipality at any time before the time for compliance.
8. Upon receipt of such an appeal 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 committee of the whole or by subcommittee especially established for this purpose. A notice of hearing shall be issued by council and shall be served upon the persons and in the manner specified in section 10 below no later than 5 days prior to the appeal hearing.
9. The council shall determine an appeal within 5 days of a hearing and shall serve a notice of disposition forthwith upon determination, upon the interested persons. The council may:
- a. confirm the order of the designated officer;
- b. vary the order of the designated officer in any respect; or
- c. set aside the order of the designated officer.
## Service of Notices or Orders
10. Any order issued by the designated officer under subsection 6(b) and a notice of hearing issued under section 8 hereof of this by-law shall be served by personal service or by registered mail upon:
- a. the owner;
- b. the occupier, if any; and
- c. in respect to any order alleging a violation of subsection 3(b) (unsafe structures), the mortgagee, if any
of the property of affected 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 3 days after 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 an rder made under this by-law is guilty of an offense and is liable, on summary conviction, t a fine not exceeding $1,000, 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 offense 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 guilt of the offence and is liable on summary conviction, to the penalties for which provision is
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.
16. That By-Laws 12-1992 and 16-1993 are hereby repealed.
DONE AND PASSED by the Council of the Rural Municipality of Headingley, assembled at Headingley, in the Province of Manitoba this 14th day of May , 2024.
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THE RURAL MUNICIPALITY OF HEADINGLEY
AMiller
Chief Administrative Officer
Read the First time this
2rd dayof April
Read the Second time this
Kith
day of
May
Read the Third time this
1th
day of May
, 2024
, 2024
, 2024
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