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The Rural Municipality of Morris
BY-LAW NO. 1654/09
Being a by-law to regulate the storage of vehicles.
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; ...
(o) the enforcement of by-laws
233
A by-law under clause 231(1)(c) (activities or things in or
on private property) may contain provisions only in respect
of
(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;
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
(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,
(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 or 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 by written
order require 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 specified time, the municipality
will take the action or measure at the expense of the
person.
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 specified time, the municipality
will take the action or measure at the expense of the
person".
NOW THEREFORE the Council of the Rural Municipality of Morris, in
Council assembled, enacts as follows:
1. 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 such an appointment, the
Chief Administrative Officer.
c)
"Municipality" means the Rural Municipality of Morris.
d)
"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.
e)
"owner" in the case of any property means the registered
owner of the property according to the current assessment
records of the Municipality.
f) "person" means an individual, firm, partnership or
corporation and where the context requires shall include the
plural as well as the singular.
g)
"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.
h)
"store" means to keep or allow to be kept.
i)
"vehicle" shall have the meaning ascribed to that term in
The Highway Traffic Act and amendments thereto and shall
include an off road vehicle and any parts of any vehicle
exceeding 18" in length.
Application
2.
This by-law applies to all property and to all owners and occupiers
of property within the Municipality.
Prohibitions
3.
Except as provided in Section 4 of this By-Law no owner or
occupier of property shall store or keep on such property, 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;
Exceptions
4.
Notwithstanding section 3, a person may park or store a vehicle on
private property provided that:
(a) The vehicle is wholly contained within a lawfully existing
structure on the property.
(b) Two vehicles are allowed in the rear yard of a property in an
urban area provided that no part of any vehicle is visible from
any public road.
(c) Six vehicles are allowed in the rear yard of a property in a rural
area, provided that no part of any vehicle is visible from any
public road.
Complaint
5.
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
6.
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.
7.
The designated officer may, on his own initiative, inspect any
property in the Rural Municipality of Morris, 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
8.
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;
(b)
if the contravention continues following the warning notice,
if any, provided under subsection 8(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)
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 removal of the vehicles 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;
Appeals
9. Any owner or occupant 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.
10. 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 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 12
below no later than 5 days prior to the appeal hearing.
11. 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
12.
Any order issued by the designated officer under subsection 8(b)
and a notice of hearing issued under section 10 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
of the property effected by order.
13.
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.
Removal of Vehicles
14.
In addition to the issue of an Offence Notice, any vehicle kept or
stored in contravention of this By-law may be removed from the
property, towed, impounded and stored by the Municipality.
Destruction or Sale of Vehicle
15.
Any vehicle removed from property by the Municipality pursuant
to this By-law may be destroyed or sold at any time thirty (30)
days after the date of removal of the vehicle from the property. In
the event that such vehicle is sold, the Municipality shall be
entitled to recover from the sale price all fines, fees and charges
permitted hereunder. In the event that the sale proceeds shall
exceed the aggregate of all fines, fees and charges, any remainder
shall be paid to the owner of the vehicle.
Redemption of Vehicle
16.
A vehicle removed pursuant to this By-law may be released to the
owner thereof, or to the owner, occupant or person in charge or
control of the property from which the vehicle was removed, upon
the payment in full of the Penalties and Charges prescribed in this
By-law within thirty (30) days of the removal of the vehicle.
Penalties and Charges
17.
In addition to any fines imposed pursuant to section 20 hereof, the
City shall impose the following penalties and charges in respect of
each vehicle removed in accordance with this By-law.
(a) $100.00 for the removal and towing of the vehicle; and
(b) $20.00 per day for the impoundment and storage; and
(c) $150.00 for the destruction and disposal of the vehicle.
Enforcement
19.
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.
20.
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 fine and
such an imprisonment.
21.
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 section 13 above.
22.
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 Morris in the Province of
Manitoba this 7th day of March, 2011.
"Original by-law signed"
____________________________
________________________
REEVE
CAO
Read a first time on the 14th day of October, 2009
Read a second time on the 7th day March, 2011.
Read a third time on the 7th day March, 2011.