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## RURAL MUNICIPALITY OF MINTO-ODANAH BY-LAW NO. 4/18
## BEING A BY-LAW RESPECTING PROPERTY STANDARDS AND MAINTENANCE in the Rural Municipality of Minto-Odanah
WHEREAS Section 232(1) of The Municipal Act provides, in part, the safety, health, protection and well-being of people, and the safety and protection of property:
subject to Section 233, activities or things in or on private property;"; and
(b)
"A Council may pass by-laws for municipal purposes respecting the following matters:
WHEREAS Section 232(2) of The Municipal Act provides, in part-
"Without limiting the generality of subsection (1), a Council may in a by-law passed under
this Division regulate or prohibit;
the enforcement of by-laws;"; and
## WHEREAS Section 233 of The Municipal Act provides, in part,
contain provisions only in respect of
"A by-law under clause 232(1) (c), (activities or things in or on private property) may the requirement that land and improvements be kept and maintained in a safe and clean condition;
the parking and storing of vehicles, including the number and type of vehicles that the removal of top soil; and
may be kept or stored and the manner of parking and storing;
which may include noise, weeds, odors, unsightly property, fumes and vibrations.";
activities or things that in the opinion of the Council are or could become a nuisance,
## WHEREAS Section 236(1) of The Municipal Act provides, in part,
passed under that clause may include provisions
"Without limiting the generality of clause 232(1) (o) (enforcement of by-laws), a by-law providing for procedures, including inspections, for determining whether by-laws are being complied with; and creating offences, remedying contraventions of by-laws, including providing that an amount owing under subclause (ii) may be collected in any subject to the regulations, providing for fines and penalties...;
seizing, removing, impounding, confiscating and selling or otherwise
manner in which a tax may be collected or enforced under this Act;
disposing of plants, animals, vehicles or other things related to a charging and collecting costs incurred in respect of acting under subclause
contravention;
imposing a sentence of imprisonment...".; and
## WHEREAS Section 242(1) of The Municipal Act provides, in part,
"If a designated officer finds a person is contravening a by-law that the municipality is authorized to enforce, such 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 Section 242(2) of The Municipal Act provides, in part,
"The order may (a) direct a person to stop doing something... (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... (c) (d) state a time within which the person must comply with the directions; and 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".; and
## WHEREAS Section 243(1)(2) of The Municipal Act provides, in part,
public safety or property, or because of its unsightly condition, is detrimental to the
"If, in the opinion of a designated officer, a structure, excavation or hole is dangerous to surrounding area, the to eliminate the danger to public safety in the manner specified, or in the case of a structure, require the owner Designated Officer may by written order remove or demolish the structure and level the site;
to improve the appearance of the property in the manner specified, or
in the case of property that is in an unsightly condition, require the owner structure and level the site"
if the property is a building or other structure, remove or demolish the The order may state a time within which the person must comply with the order; and 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".; and WHEREAS the Council of the RM of Minto-Odanah deems it necessary to pass a by-law prohibiting and rectifying property standards violations.
NOW THEREFORE it is hereby enacted as a By-Law of the Rural Municipality of MintoOdanah, in open session duly assembled at the Council Chambers in the Town of Minnedosa, in Manitoba, as follows:
THE RURAL MUNICIPALITY of MINTO-ODANAH PROPERTY STANDARDS AND MAINTENANCE BYLAW # 4/18
See 1.1 Definitions and Interpretations
"Building" means any structure that has been used or is intended to be used to support or shelter any use or occupancy;
"Vacant means" a building that is not being used or occupied for a protracted period. "Derelict Vehicle" means any motor vehicle that is rusted, partially scrapped or wrecked or dismantled to the extent that it is inoperable, AND CANNOT BE REGISTERED under the HWY Traffic Act.
not been maintained to accommodate occupancy.
"Derelict building" means structures or building that is in gross neglect, structurally unsafe and has
"Designated employee" means the Chief Administrative Officer of the Rural Municipality of Minto-Odanah and any employee of Minto-Odanah to whom he or she has delegated an authority or duty granted or imposed under this By-law;
"Council" means the Council of the RM of Minto-Odanah charged with the responsibility of
making and enforcing bylaws.
"Garbage" means and includes rubbish, junk, scrap wood, scrap meatal and all items of refuse. "Unsightly property" means a property that lacks maintenance and is in a state of neglect.
"Emergency abatement" means to take immediate action to secure a vacant building.
"Derelict and Abandoned" mean a dilapidated or derelict building that has been abandoned by the owner - or where the owner cannot be found.
"Enforcement Officer" means an employee of the RM of Minto-Odanah or any other person or company, who have been authorized to exercise the powers of enforcement under this By-law;
"Notice of Inspection' means a Notice in Writing served or sent by a designated officer of the RM of Minto-Odanah, to the owner to inspect a Vacant or Derelict Building - with the owner or his representatives being present
"Owner" includes a person responsible for real property and any person; includes owner, part- owner, and property manager and or property management companies.
"Residential building" means a building that has been designed for or has been used for residential
occupancy
Sec 1.2 - Responsibility of Property Owner
No owner shall cause, allow or permit the following:
a. Accumulation of garbage or items of refuse on any property The presence of any Derelict Vehicles Unsightly Conditions that causes a nuisance Derelict and abandoned buildings or structures that represents Urban Blight Dangerous structures or conditions that may cause a fire or harm to person or animals Excavation holes that are not secured
g. Long grass and weeds
Sec 1.3 - Storage of Vehicles on Property - Prohibitions
1. Except as provided in Sec 1.4 - No owner shall store, keep or park vehicles capable of being registered under the Highway Traffic Act that are not registered unless the said property is licensed as a Commercial Automobile Dealership.
Sec 1.4 Storage of Vehicles Exceptions
The following vehicles are allowed to be stored on property:
a. Two unregistered vehicles are allowed to be stored at the back of the property, provided that they are properly covered and secured from public view. b. That the vehicles stored are not derelict, but are in good road worthy condition.
## General Enforcement
THAT in this by-law, "designated officer" shall mean a building inspector, Bylaw Officer 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.
THAT if in the opinion of the designated officer, a structure, garbage accumulation on a
property, the presence of a
derelict vehicle, an excavation or hole; or if the property is
unsightly or detrimental to the surrounding area, the designated officer may, by written
ORDER or Notice of Inspection require the owner to:
Attend for property inspection, improve the appearance of the property in the manner
specified in the written order, or remove a derelict vehicle.
(b)
if the property is a Derelict Building or Unsafe Structure, remove or demolish the
building or structure and level the site.
THAT the written order issued by the designated officer shall state a time within which the owner must comply with the order and state that if the order is not complied with within the specified time, the Municipality will take the action or measure at the expense of the owner.
THAT the written order issued by the designated officer shall be served on the owner of the property, either personally or by mailing it by registered mail to the last address for that owner recorded on the Municipality's tax rolls; in the event service is carried out by
days after it is mailed.
registered mail, it shall be conclusively deemed to have been served on the owner five (5)
may, before the compliance date of the order, appeal to the Council.
THAT any owner aggrieved by an order issued by the designated officer under this by-law THAT Council may hear the appeal as a committee of the whole or by subcommittee especially established for this purpose.
extend the time within which compliance with the order shall be made; or
uphold, rescind, suspend or modify the order issued by the designated officer;
THAT upon the hearing of an appeal, the Council may:
make such other decision or order as in the circumstances of each case it deems just,
and the decision or order of the Council, upon being communicated to the appellant,
shall stand in place of the order against which the appeal is made.
an order issued by the designated officer are an amount owing to the Municipality by the
THAT the costs of actions or measures taken by the Municipality to carry out the terms of owner of the property and may be collected by the Municipality in the same manner as a tax may be collected or enforced under The Municipal Act.
THAT any person who contravenes or disobeys, or refuses or neglects to obey any order made under this by-law is guilty of an offence and is liable, on summary conviction, to a fine not exceeding $1,000.00, or in the case of an individual, to imprisonment for a term not exceeding six months or to both such a fine and such an imprisonment.
THAT 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
10.
acquiesced in the doing of the act or omission that constitutes the offences, is likewise guilty
of the offence and is liable on summary conviction, to the penalties for which provision is
made in Section 9, above.
THAT 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
11.
continues.
THAT By-law No. 6/00 of the R.M. of Minto is hereby repealed DONE AND PASSED as a By-Law of The Rural Municipality of Minto-Odanah at Minnedosa, in the Province of Manitoba, this 13thday of December -, 2018.
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Read a third time this 13 day of December, 2018.
Read a first time this \_131"day of September. 2018. Read a second time this // day of October , 2018.