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unofficial consolidation, the official version is held by the municipal clerk.
RURAL MUNICIPALITY OF MOUNTAIN
BY-LAW NO. 06/2020
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF MOUNTAIN TO
PROVIDE FOR THE MAINTENANCE OF PROPERTY.
WHEREAS Section 232(1) of The Municipal Act provides,
"A Council may pass by-laws for municipal purposes respecting the following matters;
(a) the safety, health, protection and well-being of people, and safety and
protection of property;
(c) ... activities or things in or on private property;
(o) enforcement of by-laws.
AND WHEREAS, sections 243 to 246 of The Municipal Act provide for the remedy of
dangers and unsightly property;
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 Mountain;
NOW THEREFORE BE IT RESOLVED THAT, the Council of the Rural
Municipality of Mountain, hereby enact as follows:
1.
Definitions
a. 'Council' means the Council duly elected in the Rural Municipality of
Mountain.
b. 'Designated Officer' means the CAO or Finance Officer.
c. 'Interested Person' means an owner, occupier or mortgagee of property
which is the subject of an order made under the authority of this by-law.
d. 'Mortgagee' means any person holding a registered real property mortgage
against the property according to the records of the Land Titles Office.
e. 'Occupier' means any person in actual or constructive possession of property
pursuant to a lease, tenancy, license or other right of possession.
f. 'Owner' means the registered owner of the property according to the current
assessment records of the Municipality.
g. 'Person' means an individual, firm, partnership or corporation and where the
context requires shall include the plural as well as the singular.
h. '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.
i. 'Rubbish' means any unsightly or discarded material which causes or is likely
to cause a public hazard or nuisance, or is unacceptably offensive in light of
community standards of cleanliness or generally accepted neighbourhood
aesthetics.
j. 'Unsafe Structure' means any structure, excavation or hole, which in the
opinion of the designated officer or Council is at risk of collapse or otherwise
dangerous to public safety or property.
k. 'Unsightly Property' means a property which in the opinion of the designated
officer or Council is detrimental to the surrounding area.
2. Administration
a. This by-law applies to all property and to all owners and occupiers of
property within the Rural Municipality of Mountain.
b. No person acting within the scope of his or her duty to administer and
enforce this by-law shall be personally responsible for any act or omission
while so acting.
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3. Standards
a. Each owner and occupier of property shall keep such property free and clear
of:
i. Rubbish, garbage and other debris;
ii. Objects, conditions or substances that present health, fire, or
accident hazards;
iii. Objects, conditions or substances that constitute a nuisance, or is
unacceptably offensive in light of community standards; or
iv. Unsafe conditions.
4. Complaint
a. Any person may allege a violation of this by-law by filing a written complaint
with the Municipal Office. This violation will then be investigated and
brought forward to Council for review prior to warnings or orders being
issued.
b. Council may, at their discretion, provide an annual listing of any properties
within the RM of Mountain to the Municipal Office for inspection and
subsequent notice.
5. Inspections
a. Upon receipt of a complaint, 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.
b. For the purpose of inspection under this by-law, the designated officer may
after giving reasonable notice to the owner or occupier enter upon, inspect
and view any property. The designated officer shall produce on request
identification showing that he or she is authorized to make the entry.
6. Warnings and Orders
a. Where inspections reveal a violation of any provision of this by-law, the
designated officer:
i. May, in his or her discretion that the violation is not a serious threat
to persons or property, give a written warning notice of the
contravention to the owner and occupier of the property by regular
mail substantially in the form attached as Schedule 'A'.
ii. If the contravention continues following the warning notice, or if in
the discretion of the designated officer and no warning notice was
provided, the designated officer shall issue a written order which
shall:
- Specify the time within which compliance shall be required,
but must not be sooner than 14 days from the time of receipt;
- Advise that should compliance not be affected within the
specified time, the Municipality may undertake the
remediation, along with any other actions to prevent the re-
occurrence of the contravention, at the expense of the owner
of the property. Such expenses may be collected in the same
manner that a tax may be collected or enforced under The
Municipal Act;
- Advise of the process of appeal;
- Be substantially in the form attached as Schedule B.
7. Appeals
a. Any interested persons may appeal an order made by the designated officer
by filing with the municipal office at any time before the time for compliance
with such order. An objection must be submitted in the form attached as
Schedule C.
b. Upon receipt of an appeal in the required form, the Chief Administrative
Officer of the RM of Mountain shall cause a copy thereof to be forwarded
to the Council and the Committee of the Whole shall review such appeal by
examining all evidence, which may include obtaining information from
surrounding neighbours, LUD members, or any such persons as may be
deemed necessary.
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c. Council shall determine an appeal at the next regularly scheduled Council
meeting and shall serve a notice of disposition forthwith upon
determination, upon the interested persons. Council may:
i. Confirm the order of the designated officer;
ii. Vary the order of the designated officer in any respect; or
iii. Cancel the order of the designated officer.
d. The order of Council is final and not subject to further appeal.
8. Service of Notices or Order
a. Any order issued by the designated officer under this by-law and a notice of
hearing issued under this by-law shall be served by person service or by
registered mail upon:
i. The Owner;
ii. The Occupier, if any; and
iii. In respect to any order alleging a violation of unsafe structures, the
mortgagee, if any.
b. Service made personally shall be deemed to have been made on the date
thereof and service by registered mail shall be deemed to have been made
three days after posting. In the case of service by registered mail, the address
for mailing shall be the current mailing address on file with the RM of
Mountain Municipal Office.
c. Service of deceased persons may be made by service upon any one of their
heirs, executors or administrators and service upon corporations may be
made by service upon any officer of the corporation as disclosed in its most
current information in the records of the Corporations Office.
9. Enforcement
a. The costs of any 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 in the same manner as a tax may
be collected or enforced under The Municipal Act.
AND THAT By-Law No. 09/01 and any other By-Laws or policies inconsistent herewith
are hereby repealed.
DONE AND PASSED as a By-law of the Rural Municipality of Mountain, at the L.U.D.
of Birch River, in the Province of Manitoba this 22nd day of April, A.D. 2020.
________________________________
Robert Hanson
Reeve
_____________________________
Paige Larocque
Chief Administrative Officer
Read a first time this 25th day of March, A.D. 2020.
Read a second time this 22nd day of April, A.D. 2020.
Read a third time this 22nd day of April, A.D. 2020.
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SCHEDULE 'A'
PROPERTY STANDARDS BY-LAW
WARNING LETTER
[Date]
[Property Owner]
[Address]
Dear Sir;
Re: [Legal Description of Property]
It has come to our attention that the above noted property [insert the violation re: large quantity of
garbage, derelict building, etc.]. The RM of Mountain Property Standards By-Law No. 06/2020
requires that all land owners, or occupiers maintain their properties to a standard acceptable to the
municipality.
Please make arrangements to [clean up/removal of the violation, including any procedures to ensure
that the violation does continue to exist] on or before [insert reasonable deadline for cleanup - note
that if this is a safety issue that no warning notice has to be sent. Issue order - Schedule 'B' instead].
Also note, that after the above-mentioned date a second inspection will take place and if the actions
specified in this warning are not completed, an order will be issued requiring the completion of such.
Failure to comply will result in municipal involvement, cleanup and subsequent charges being billed
to the property owner.
We thank you for your cooperation in this matter, and if you have any questions please contact the
office at (204) 236-4222 or [email protected].
Yours truly,
Paige Larocque
Chief Administrative Officer
/pl
cc. [Any other interested persons, occupier, etc.]
THE RURAL MUNICIPALITY
OF MOUNTAIN
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SCHEDULE 'B'
PROPERTY STANDARDS BY-LAW
ORDER
[NOTE: To Be Delivered by Registered Mail or Personal Service]
[Owner Name - Must List All Property Owners]
[Owners Mailing Address]
ORDER TO COMPLY
PURSUANT TO THE RURAL MUNICIPALITY OF MOUNTAIN
PROEPRTY STANDARDS BY-LAW NO. 06/2020
Order No. ______________________ Date Order Issued: _________________
Address/Roll Number to Which Order Applies:
__________________________________________________________________
The inspection on [insert date] at the above-mentioned address has found the
following contraventions of the Rural Municipality of Mountain Property Standards
By-Law No. 06/2020.
It is hereby ORDERED that:
Item
Number
By-Law
Reference
Description of Contravention
Compliance Date
Including actions to prevent the reoccurrence of the contravention:
Item
Number
Description of Contravention
Compliance Date
Order Issued By:
Paige Larocque, CAO
RM of Mountain
(204) 236-4222
[email protected]
Should you wish to make an appeal, please submit the enclosed Notice of Objection
form on or before the first compliance date. Objections will be reviewed by Council
and their decision is binding, it will not be subject to further appeal.
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SCHEDULE 'C'
PROPERTY STANDARDS BY-LAW
NOTICE OF OBJECTION
TO: The Rural Municipality of Mountain
PLEASE TAKE NOTE that as the property owner of _______________________
I hereby appeal ORDER No. ______________ Issued on ____________________.
REASONS FOR OBJECTION:
[Please enclose any other information necessary]
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
______________________________
Name [Please print]
______________________________ ______________________________
Signature
Date