This is the exact embedded text of the captured official document.
Snapshot eb174d8fafcc · verified 2026-06-09 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
THE RURAL N'RTNICIPALITY OF LA BROQUERIE
BY-LAW NO.
3-2002
Being a by-law to maintain property and to regulate nuisances,
derelict, abandoned and unsightly property
WHEREAS The N unicipal 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 the ownership, direction, management or control of the
municipality
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 stored and the manner of parking
and storing;
(c)
the removal or 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(l)(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,
-2-
(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 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 r 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 written order required 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
specific time, the municipality will take the action or measure at
the expense of the person.
243(1)
1f 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 by writing 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 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 the order within the
specitied time, the municipality will take the action or measure at
the expense of the person.
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
Municipality of La Broquerie;
NOW THEREFORE the Council of the Municipality of La Broquerie, 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 stnictures or those which may cause a nuisance in the Municipality of La
Broquerie:
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 sLich 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 Municipality of La Broquerie
"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, 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
-4-
to cause a public hazard or nuisance, or is unacceptably offensive
in
light
or
community
standards
of cleanliness
or
generally
accepted neighbourhood 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.
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 weeds so that same become a nuisance
to adjoining properties.
A P P1 ICat lOll
2
This by-law applies to all property and to all owners and occupiers of property
within the Municipality,
Staiid ards
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)
(i)
the outdoor storage of no more than three motor vehicles
whether or not capable of being operated, which vehicles
are not registered under either The Highway Traffic Act or
under The Off-Road Vehicles Act;
(iii)
the outdoor storage of no more than three motor vehicles
whether or not capable of being operated, which vehicles
are not registered under either The Highway Traffic Act or
under
The
Off-Road Vehicles Act,
unless
the person.
owner, or occupier is lawfully operating an automobile
dealership thereon, providing that such vehicles shall at all
times be stored in a manner which in the opinion of the
designated officer is not unsightly to the public or adjoining
properties;
(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 sp 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.
Co iii plaint
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,
-5-
Inspections
5.
Upon receipt of a complaint, as aforesaid, or upon his own volition 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)
specif,i the time with 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 Chief Administrative Officer of the Municipality at any time before
the time for compliance with such order an objection substantially in the form
attached as 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.
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 juridical 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:
-6-
(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 effected
by order.
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 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,
Service under this section shall be deemed sufficient if it
is mailed by registered mail to the address herein specified.
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
Mumcipalitv by the owner of the property.
In addition to all other rights of
collection which the Municipality
may have
at law,
such amounts may he
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 $1000, or in the case of an
individual, to imprisonment for a term not exceeding six months, or to both such a
tine and such an imprisonment.
14
Where a corporation commits an of'fence under this by-law, each director or
officer of the corporation who authorized, consented to, connived at or knowinulv
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
1 3 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.
Done and passed in council assembled at LaBroquerie in the Province of Manitoba this
day of
August
, 2002.
John M. Giesbrecht, Reeve
R.M. of La Broquerie
Laurent Tétrault, Chief Administrative
Officer
R.M. of La Broquerie
Read the tirst time this
5th
nay ot
July
, 2002.
Read a second time this 15th day of
August
--, 2002.
/
Read a third time this 15th
day of
August
, 2002.
SCHEDULE "A"
Date
File:
(name and address)
Dear Sir/Madam:
Re:
_____________________
Unsightly/Unsafe Property By-Law
(Name of Municipality)
The designated officer had cause to inspect your property at
_____________________________
in
_____________________________
(Civic and Legal Address)
(Name of Municipality)
Upon inspection of the property, it is apparent that a violation exists in accordance with
_______________________
By-law No.
due to
(Name of Municipality)
Therefore, the Municipality requests that you rectify the situation by (describe violations!
describe remedy) on or before
________________________________
(date)
In accordance with Section 239(1) of the Municipal Act, I will enter onto the property on
(date)
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.
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.
If you have any questions, please contact the writer at
________________________
Sincerely,
(name)
designated officer
SCHEDULE "B"
Date
File:
(name and address)
Dear Sir/Madam:
Re: Unsightly/Unsafe Property at
(Civic and Legal Address)
[Further to my letter of
,] this is to advise you that an
(date)
[a second] inspection of your property at
_____________________________
conducted
(civic and legal address)
on
_____________________________
found that it is [continues to be] in violation of the
(inspection date)
Municipality of____________________ Unsightly Property By-Law No.
(Name of Municipality)
(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
(Describe Order/Remedy)
(date)
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,
(name)
designated officer
SCHEDULE "C"
Unsightly Property By-Law No.
of the --
(Name of Municipality)
1ThJ THE MATTER of the Unsightly Property By-Law No.
of the
(Name of Municipality)
NOTICE OF OBJECTION
To:
_____________________
(Name of Municipality)
PLEASE TAKE NOTICE that the undersigned Appellant hereby appeals to the Council
of the
_________________________
from the Order to
______________________________
(Name of Municipality)
(Nature of Remedy/Repwr)
made by
on the
day of
(name and title)
20
respecting the premises known as
________________________
Dated at
Manitoba, this
day of
, 20_.
Signature of Appellant
(Print Name)
Address