Unsightly Property and Derelict Vehicles BL16-2019
Rural Municipality of Ritchot, Manitoba
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1
RURAL MUNICIALITY OF RITCHOT
BY-LAW NO. 16-2019
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF RITCHOT TO MAINTAIN PROPERTY AND TO
REGULATE NUISANCES, DERELICT, ABANDONED AND UNSIGHTLY PROPERTY
WHEREAS:
A.
The Municipal Act, Chapter M225, Continuing Consolidation of the Statutes of
Manitoba provides as follows:
Spheres of jurisdiction
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.
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 or for the use of property under the
ownership, direction, management or control of the municipality ...
Content of by-laws under clause 232(1)(c)
233
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 of 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.
Content of by-laws under clause 232(1)(o)
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
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(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, 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,
(iii)
seizing, removing, impounding, confiscating and selling or
otherwise disposing of plants, animals, vehicles, or other things
related to a contravention,
(iv)
charging and collecting costs incurred in respect of acting under
subclause (iii)
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.
B.
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 Ritchot;
NOW THEREFORE the Council of the Rural Municipality of Ritchot enacts as a by-law the
following:
1.
Definitions
a.
"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, an active license
plate verifying that it has a valid registration under the Drivers and
Vehicles Act,
iii.
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 thereof as 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 a. ii
and iii apply.
b.
"designated officer" means an official appointed by council, from time to time,
to enforce this by-law.
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.
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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.
"occupier" in the case of any occupier" means a person who, with respect to a
piece of land, is a lessee, licensee, invitee, permittee, purchaser, homesteader,
pre-emption entrant or squatter and includes a party claiming through or
under such person;
f.
"owner" in the case of any property means the registered owner of the
property according to the current assessment records of the Municipality.
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.
"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, or is unacceptably offensive in light
of community standards of cleanliness or 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.
j.
"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 unsafe or unsightly or
unhealthy, including but not limited to property containing: ashes, junk, other
rubbish or refuse; derelict vehicle(s), vessel, or item of equipment or
machinery, or bodies or parts of such items; an accumulation of wood
shavings, paper, sawdust, dry and flammable grass or weeds or other
combustible materials, or the growth of grass or weeds to a length which is
unsightly so that same becomes a nuisance to adjoining properties.
2. The position of designated officer ("Officer") is established:
a. Council grants the Officer all powers, duties, discretion and functions set out in the
Act and authorizes the Officer to act as the designated officer for the purposes of
this by-law.
b. The Officer shall also have the powers, duties, discretion and functions of a
designated officer set out in section 243 and 246 of the Act, for the purpose of
making orders requiring property owners to:
i.
eliminate, remove, demolish, or fill in, as the case may be, structures, excavations
or holes that are dangers to public safety; or
ii.
improve the appearance of property that because of its unsightly condition is
detrimental to the surrounding area; or
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iii.
remove or demolish a building or other structure that is in an unsightly condition,
and level the site.
Application
3.
This by-law applies to all property and to all owners and occupiers of property within
the Rural Municipality of Ritchot
Standards
4.
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.
derelict vehicle(s);
e.
the growth of weeds as defined in The Noxious Weeds Act so that the same
become a nuisance to adjoining properties;
f.
the growth of grass to a length which in the opinion of the designated officer is
unsightly.
Exceptions
5.
Notwithstanding section 3, subsection 4(d) does not apply to rural areas outside of St.
Adolphe, Ste. Agathe, Ile des Chênes and Grande Pointe as outlined in the map
provided as Schedule A to this by-law.
6.
Notwithstanding sections 3 and 4, a person may park or store one derelict vehicle on
an urban property provided that:
a. The vehicle is wholly contained within a lawfully existing structure on the property;
or
b. The vehicle is in the rear yard of a property and no part of it is visible from any
public road.
7.
Vehicles stored on rural properties as per section 5 must be kept in an organized
fashion so as not to look unsightly.
8.
Subsection 4(d) does not apply to properties that are lawfully used as commercial
automobile dealerships, auto parts retailers or auto repair shops.
Complaint
9.
Any person may allege a violation of this by-law by filing a complaint with the
Municipal Office in such form and with such particulars as the designated officer may
from time to time require. Anonymous complaints will not be considered.
5
Inspections
10.
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.
11.
The designated by-law officer may, on his own initiative, inspect any property in the
Rural Municipality of Ritchot, in such manner as shall be reasonably necessary in order
to determine whether there has been a violation of this by-law.
Warnings, Orders, and Notices
12.
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 11(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 affected within the specified time
frame, 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)
describe the violation of the by-law
c. if the contravention continues following a warning notice and written order, the
designated officer may give the owner or occupier of the land an offence notice
charging the appropriate fine as set out in Schedule A of the Municipality of
Ritchot's Provincial Offenses Act Implementation By-Law.
Service of Notices or Orders
13.
Any order issued by the designated officer under subsection 11 of this by-law shall be
served by personal service or by registered mail upon the person most responsible for
the violation of the bylaw whether that be:
a.
the owner;
b.
the occupier, if any; or
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.
14.
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.
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Enforcement
15.
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 or occupier 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.
16.
Any person who violates this by-law or 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 $1,000.
Repeal
17.
That By-laws No. 1-2009 and 6-2004 are hereby repealed, except in respect of an
offence committed before this by-law comes into effect. By-laws 1-2009 and 6-2004
remain in effect to the extent required for the prosecution of any such offense.
Done and passed in council duly assembled at the Rural Municipality of Ritchot, in the
Province of Manitoba this 21st day of August, 2019.
____________________________
Mayor
____________________________
Chief Administrative Officer
Read a first time this 17th day of July, 2019.
Read a second time this 21st day of August, 2019.
Read a third time this 21st day of August, 2019.
Howden
Glenlea
La Salle
Niverville
Ste. Agathe
St. Adolphe
Prairie Grove
Grande Pointe
Ile des Chênes
La Barrière Provincial Park
St. Norbert Provincial Park
Trappist Monastery Provincial Park
RM of Macdonald
City of Winnipeg
RM of Hanover
RM of De Salaberry
RM of Morris
RM of Springfield
PTH75
PTH59
PR200
BERNAT RD
PRAIRIE RD
PR210
PR305E
SOOD RD
FALK RD
PR247
ALARIE RD
LEBLANC RD
PR311
GAUTHIER RD
WALLACE RD
KRAHN RD
NANKA RD
ARNOULD RD
LECLAIRE RD
STOTT RD
PREFONTAINE RD
LOEPPKY RD
TWIN CREEK RD
MONDOR RD
ROAD 42N
POOLE RD
RED RIVER DR
OLD PTH59
MISSION RD
VAN GORP RD
RICHARDSON RD
BELOT RD
BRADY RD
CROWN VALLEY RD
DOERKSEN RD
HALLAMA DR
NOLETTE RD
CRYSTAL SPRING RD
OAK GROVE RD
PEMBINA TRAIL
SCHAPANSKY RD
HABITANT RD
PR405
ROAD 36NE
PETIT RD
SWERDYLIAK RD
SCHWARTZ RD
PR246
TURSKI RD
LAVALLEE RD
KELBURN RD
ROAD 14E
ROAD 13E
UNNAMED
GLENLEA RD
CARTIER RD
MARCHAND RD
MEYER RD
FRIESEN RD
ANDRECHUK RD
CARRIERE RD
AVONLEA RD 9E
ROAD 11E
CARRIERE DR
INDUSTRIAL PARK DR
SERVICE RD
Main Street
ROAD 38NE
LASKO RD
BATOCHE
BOHNA RD
CHARTIER RD
OAK WAY
ANDRECHUK RD
PTH75
PR210
NANKA RD
PR305E
PTH75
PR200
PTH75
ROAD 13E
PRAIRIE RD
PTH75
KRAHN RD
ARNOULD RD
PTH75
MEYER RD
¯
Per Section 3 of this By-Law,
derelict vehicles are not permitted within the areas outlined in red.
Not Permited
Parcel Lines
Schedule A to By-Law 16-2019
Unsightly Property & Derelict Vehicles
Ste. Agathe
PTH75
PR200
PRAIRIE RD
PR305E
PEMBINA TRAIL
MISSION RD
SERVICE RD
BATOCHE
INDUSTRIAL PARK DR
VOYAGEUR RD
LEMOINE ST
ROBERT RD
STE AGATHE ST
ABBE DRIVE
HELOISE BAY
BATOCHE WAY
BEL-AMI DRIVE
SAMOISET AVE
BISON RD
GRATTON ST
CHEYENNE AVE
COURCELLES STREET
PR305
ALBERIC BAY
PTH75
PR305E
PTH75
PTH75
HELOISE BAY
¯
Per Section 3 of this By-Law,
derelict vehicles are not permitted within the areas outlined in red.
Map 1 - STE. AGATHE
Not Permited
Parcel Lines
Schedule A to By-Law16-2019
Unsightly Property & Derelict Vehicles
St. Adolphe
PR200
PR210
MAIN ST
LEBLANC RD
CARRIERE DR
ST ADOLPHE RD
CAMPEAU RD
GAGNON DR
Chimney Swift Way
BRODEUR BLVD
LAGASSE DR
AUBIN DR
Avenue Du Parc
R210
Bartman Drive
PROTEAU DR
COURCHAINE BLVD
HEBERT RD
GERARD DRIVE
KOSMAN BLVD
Willow Lane
PAPILLON DRIVE
KEMP'S WAY
PERRON AVE
LECLERC BAY
ST PAUL ST
Hedgerow Lane
LUCILLE BAY
Falcon Cove
Tourond Creek Drive
PHILIP BAY
TACHE AVE
LEGAL BAY
Parkrose Place
LAGASSE BAY N
PR210
PR200
¯
Per Section 3 of this By-Law,
derelict vehicles are not permitted within the areas outlined in red.
Map 2 - ST. ADOLPHE
Not Permited
Parcel Lines
Schedule A to By-Law 16-2019
Unsightly Property & Derelict Vehicles
Howden
City of Winnipeg
PTH75
PRAIRIE RD
RED RIVER DR
PR200
MARCHAND RD
PR247
MEYER RD
BARTMANOVICH RD
HOWDEN RD
TENCHA RD
PTH75
PR247
PTH75
MEYER RD
¯
Per Section 3 of this By-Law,
derelict vehicles are not permitted within the areas outlined in red.
Map 3 - HOWDEN
Not Permited
Parcel Lines
Schedule A to By-Law 16-2019
Unsightly Property & Derelict Vehicles
Grande Pointe
City of Winnipeg
PTH59
BERNAT RD
POOLE RD
MONDOR RD
HALLAMA DR
PETIT RD
RICHARDSON RD
NOVOTNY RD
SOUTHSIDE RD
CARRIERE RD
HINCE RD
SCHAPANSKY RD
OAK GROVE RD
KEWERIGA RD
ADELARD RD
LAVALLEE RD
LOUIS RD
BOHNA RD
Discovery Drive
ROYAL OAK RD
BUFFALO TRAIL
OAK WAY
BEAUCHEMIN RD
Maconnell Lane
BERNARD PL
DYMAR WAY
Petryk Terrace
BLACKBIRD WAY
PRAIRIE ACRES BAY
HELENE PREFONTAINE TERRACE
GLEN ROAD
SHADY LANE
POPLAR LANE
Calla Drive
MAINDU BAY
Calla Bay
GORDON GROVE RD
Blahnik Drive
CARLONI COVE
PARC PLACE
BERARD BAY
TURTLEHEAD LANE
Penny Lane
POLANSKI BAY
LYNNE LANE
access
PTH59
OAK GROVE RD
¯
Per Section 3 of this By-Law,
derelict vehicles are not permitted within the areas outlined in red.
Map 4 - GRANDE POINTE
Not Permited
Parcel Lines
Schedule A to By-Law 16-2019
Unsightly Property & Derelict Vehicles
Ile des Chênes
RM of Tache
PTH59
OLD PTH59
ARNOULD RD
HABITANT RD
PR405
TWIN CREEK RD
LECLAIRE RD
MAIN ST
Main Street
DUFAULT DR
VAN GORP RD
LAMOUREUX RD
CYRIL PL
DUMAINE RD
ASH LANE
ELM ST
MAJOR TRAIL
QUEST BLVD
FIRST AVE
DES PIONNIERS AVE
HAMILTON RD
NOTRE DAME BAY E
LACROIX ST
D'AUTEUIL DR
NOTRE DAME BAY W
North Link
DES CHENES ST
LEONARD PL
MEADOWLARK BLVD
ST ANTOINE BAY
CHARRON BAY
OLD PTH59
PTH59
¯
Per Section 3 of this By-Law,
derelict vehicles are not permitted within the areas outlined in red.
Map 5 - ILE DES CHENES
Not Permited
Parcel Lines
Schedule A to By-Law 16-2019
Unsightly Property & Derelict Vehicles