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RURAL MUNICIPALITY OF ROLAND
BY-LAW No. 2-2017
BEING A BY-LAW of the Rural Municipality of Roland to establish a system to regulate
the condition and maintenance of vacant dwellings and non-residential buildings, and to
establish a process to take title to vacant and derelict buildings, to be known as the
"Vacant and Derelict Building By-law".
WHEREAS the Rural Municipality of Roland is empowered by Part 7, Division 2,
Section 232 of The Municipal Act, RSM 1996, c.M225, to pass a by-law with respect to
the condition and maintenance of vacant dwellings and non-residential buildings;
AND WHEREAS the existence of unsightly vacant buildings may produce a harmful
visual impact on a streetscape, creates the impression of decline, lowers property
values and raises the likelihood of arson, vandalism, drainage problems and vermin
infestation;
AND WHEREAS the Rural Municipality of Roland deems it expedient and in the public
interest to establish a by-law to regulate the condition and maintenance of vacant,
unsafe and unsightly buildings;
AND WHEREAS Section 247.1 of The Municipal Act provides for a process by which a
municipality may take title to vacant and derelict buildings;
AND WHEREAS it is necessary to establish a process for issuing preliminary derelict
building orders, second notices and derelict building certificates in respect of derelict
properties pursuant to the provisions of The Municipal Act;
NOW THEREFORE the Council of The Rural Municipality of Roland, duly assembled,
enacts as follows:
PART 1: DEFINITIONS
1.
All references herein to "he" shall include "she" unless the context thereof
requires otherwise.
2.
In this by-law:
BOARDED BUILDING means a vacant structure boarded up in accordance with Part II
of Schedule "B" of this by-law.
BUILDING means any structure used or intended for supporting or sheltering any use
or any occupancy.
COMMITTEE means the Council of the Rural Municipality of Roland, and charged with
the responsibility of hearing and making decisions on appeals to Orders issued
pursuant to the provisions of this by-law.
DERELICT PROPERTY means property upon which is located a vacant dwelling or
non-residential building that is not in compliance with the provisions of this by-law.
DESIGNATED OFFICER means the Bylaw Enforcement Officer of the Rural
Municipality of Roland and any employee of the Rural Municipality to whom he or she
has delegated authority or duty granted or imposed under this By-law.
DWELLING includes any building, part of a building, mobile home, trailer or other
covering or structure, the whole or any portion of which has been used, is used, or is
capable of being used for the purposes of human habitation with the land and premises
appurtenant thereto and all accessory buildings, fences, or erections thereon or therein,
and every dwelling unit within the building.
INSPECTOR means Bylaw Enforcement Officer or any other person or agency
employed by or acting for the municipality and partially or wholly responsible for the
building safety and property standards within the municipality.
NON-CONFORMANCE means a condition which does not comply with the standards
established by this by by-law.
NON-RESIDENTIAL BUILDING means any building used for any purpose other than a
dwelling.
OWNER means the registered owner of the land and premises who
i)
the person that for the time being is managing or receiving the rent of the land or
premises in connection with which the word "owner" is used, whether on his own
account or as agent or trustee of any other person; or
ii)
the person who would so receive the rent if such land and premises were let; or
iii)
the vendor of such land under an agreement for sale who has paid any land
taxes thereon after the effective date of the agreement; or
iv)
the person that for the time being is receiving installments of the purchase price
of the land or premises in connection with which the word "owner" is used, sold
under an agreement for sale whether on his own account or as an agent or
trustee of any other person; or
v)
the person who would so receive the installments of the purchase price if such
land or premises were sold under an agreement for sale.
SECURED BUILDING means any building or structure that meets the conditions set out
in PART I of Schedule "B" of this by-law.
STANDARDS means the standards prescribed in this by-law for the maintenance and
improvement of the physical condition and for the fitness for occupancy of any building
or other structure or properties, or parts thereof, together with the surrounding lands.
UNSAFE BUILDING means any structure that is in an unsafe condition in that it is open
and vacant.
UNSIGHTLY means premises that are in non-compliance with Sections 3, 4, 5, 7 and
12 of Schedule "A" to this by-law or as otherwise determined by the Bylaw Enforcement
Officer. Any boarded building is also deemed to be unsightly.
VACANT DWELLING means any building or structure or portion thereof that is used or
intended to be used for the purpose of human habitation that is unoccupied and is
deemed to be unsafe.
PART II - STANDARDS
Requirements for All Vacant Buildings
3.
The owner of a vacant dwelling or non-residential property must ensure that the
premises is in compliance with the standards set out in Schedule "A".
Choice Between Securing or Boarding Up
4.
Vacant or open and unguarded buildings to which entry can be gained shall be
deemed unsafe. The owner of a vacant and open dwelling must ensure that the dwelling
is secure from unauthorized entry by complying either with Part I or Part II of Schedule
"B".
5.
A dwelling may remain boarded up in accordance with Part II of Schedule "B" for
a maximum of Twenty-One (21) days after which the owner shall ensure that the
property and buildings are restored to an acceptable, sightly condition as determined by
the Building Inspector.
PART III - ORDER TO MAINTAIN
6. (a) Any officer, duly appointed and authorized for the purpose, may, at all
reasonable times, in accordance with this section, and upon production of the
necessary authority, if demanded, enter upon any building or premises in the RM
that is boarded or appears to be vacant for the purpose of determining:
(i) whether the building is vacant; and
(ii) whether the building complies with this by-law.
(b) Where the officer wishes to undertake an inspection, the officer shall first give
reasonable notice to the owner or occupier of the land or building or other
structure to be entered to carry out the inspection, remedy, enforcement or
action, such notice being in writing and stating a date and time for the inspection
which shall not be less than forty-eight (48) hours from the date that the notice is
delivered to the owner or occupier of the land or building or other structure to be
inspected. In the event that the owner or occupier refuses to accept delivery of
the notice, or cannot be located, reasonable notice shall be deemed to have
been given provided that the Designated Officer posts a copy of the notice by
nailing it to the door, or posting a sign at any normally used entrance to the land,
building or other structure to be entered by the Designated Officer to carry out
the inspection, remedy, enforcement or action.
(c) Where the owner or occupier of the land, building or other structure to be
inspected refuses the Designated Officer access to the land, building or other
structure in order that the Designated Officer may carry out the inspection,
remedy, enforcement or action, or avoids service or delivery of the notice of
inspection, the Designated Officer may apply to the Court of Queen's Bench for
an Order under such terms as the Court determines, for entry to the land,
buildings or other structures to be entered to carry out the inspection, remedy
enforcement or action.
(d) In the event that the owner or occupier cannot be located, or refuses entry, and
the Designated Officer reasonably concludes that an emergency exists such that
the condition of the land, building or other structure poses a safety hazard to
persons or other property, the Designated Officer may enter upon the land, or
enter the building or other structure without the consent of the owner or occupier
but must produce the necessary authority if demanded by the owner or occupier.
7. (a) If as a result of the inspection of any vacant dwelling or non-residential building,
an inspector is satisfied that the vacant dwelling or non-residential building does
not comply to the standards set forth in Schedule "A" to this by-law, he may make
an Order to Maintain, in a form as set out in Schedule "C" hereto and, a copy of
which shall be served on the owner by personal service or by certified or
registered mail mailed to him at his address as shown on the latest assessment
roll of the municipality. When service cannot be effected either by personal
service or by certified or registered mail, then such Order and/or placard may be
posted on the property subject to the Order.
(b) If, upon attempt to effect service of an Order to Maintain hereunder an officer
learns the owner of the property is deceased then the Order shall be served upon
the executor, administrator, successor or assignee of the deceased. If such party
cannot be located then service shall be effected by posting the Order on the
property subject to the Order.
8.
The Order to Maintain shall contain:
(a)
a description of the land, building or premises sufficient to identify it;
(b)
the particulars of each non-conformance and the date by which it must be
corrected;
(c)
except in the case of an immediately dangerous non-conformance, the
final date for giving notice of objection from the Order;
and may also contain an outline of what action may be taken to make the vacant
dwelling or non-residential property conform to the standards and any other
information that the officer deems necessary.
9.
Except in the case of an immediately dangerous non-conformance, the date by
which the non-conformance shall be corrected shall be a minimum of Twenty-One (21)
days from the date of service of the Order to Maintain made pursuant to Section 7. If the
Order is served by mail, the Order shall be deemed to have been served and received
by the owner on the day of the date of receipt thereof shown on the "Acknowledgement
of Receipt" form issued by the Canada Post Office or "Proof of Delivery" form signed by
the person acknowledging receipt thereof.
10.
The Bylaw Enforcement Officer may postpone the last day when a non-
conformance must be corrected as specified in the Order to Maintain only upon the
owner showing that he is making reasonable efforts to correct the non-conformance, but
that full correction cannot be completed within the time provided because of technical
difficulties, inability to obtain necessary materials or labour, or inability to gain access to
the building unit wherein the non-conformance occurs. Any postponement of the last
day for compliance does not extend the initial 14 day period for appealing the Order
however, the owner does have 7 days from the date the postponement was granted to
appeal the postponement.
11.
Except in the case of an immediately dangerous non-conformance, the owner, or
a person authorized in writing by him to act on his behalf, may appeal any provision of
an order issued under Subsection 7. (a) by filing with the Chief Administrative Officer
(CAO) a notice of objection within fourteen (14) days following the service of a copy of
the Order issued pursuant to this by-law.
12.
Except in the case of an immediately dangerous non-conformance, the filing of a
notice of objection to an Order to Maintain or any provision thereof as set out in Section
11 shall operate as a stay of proceedings to correct a hazardous or non-hazardous non-
conformance pending consideration of the appeal by the Council.
13.
Any failure to comply with a decision or order of the Council is an offence and is
subject to the penalty provisions and such further action as set out in the by-law.
14.
Where an owner has failed to comply with an Order either of an officer or an
Order made by the Council, as the case may be, then the Designated Officer may
cause the non-conformance to be corrected without any further notice to the owner. The
entire costs of correcting the non-conformance, which can and may include, but are not
limited to legal fees, disbursements and administrative fees, are considered an amount
owing to the municipality pursuant to provisions of The Municipal Act and may be
collected by the municipality in the same manner as a tax maybe collected or enforced
in The Municipal Act.
15.
In the case of an immediately dangerous non-conformance, the Designated
Officer may take whatever actions or measures are necessary to eliminate the non-
conformance pursuant to Section 247 of The Municipal Act.
General Office and Penalty
16.
(a)
Every person who contravenes, or refuses, neglects, omits, or fails, to
obey or observe any provision of this by-law is guilty of an offence and
liable on summary conviction to a fine, pursuant to subsection 249(1) of
The Act, not exceeding Five Hundred Dollars ($500) or to imprisonment
for a term not exceeding three (3) months, or to both such a fine and such
an imprisonment.
(b)
Every person who obstructs or interferes with an officer in the
performance of his duties under this by-law is guilty of an offence and is
liable on summary conviction to the same penalties as set out in
subsection (a).
PART IV - DERELICT BUILDING ORDERS
Preliminary Derelict Building Order
17.
A Designated Officer shall issue a Preliminary Derelict Building Order in respect
of a property if he is satisfied that:
(a)
the registered owner of the property has been found guilty of contravening
the Vacant and Derelict Building By-law; and
(b)
the property continues to be in contravention of the by-law.
Form of Order
18.
A Preliminary Derelict Building Order must be issued in the form set out in
Schedule "D" to this by-law, and must include:
(a)
the legal description of the property;
(b)
a statement that the property is a derelict property and
(c)
a statement that the property may be transferred to the Rural Municipality
of Roland if it is not brought into compliance with the Vacant and Derelict
Buildings By-law.
Service
19. The Designated Officer who issues a Preliminary Derelict Building Order must
ensure that a copy of the order is:
(a)
promptly registered against the derelict property in the Morden Land Titles
Office; and
(b)
personally served on the registered owner of the derelict property and on
every other person who, on the day the order is registered at Morden Land
Titles Office, appears from the records to have an interest in the property.
Time Frame for Compliance
20.
The registered owner shall have a minimum of Ninety (90) days to bring the
property into compliance with the Vacant and Derelict Building By-law after this
Preliminary Derelict Building Order has been served on the registered owner.
Right to Appeal
21.
Any person served with a Preliminary Derelict Building Order may appeal same
to the Council. The appeal must be made in writing and must be received by the Office
of the CAO within 90 days after the Order has been served on the registered owner.
Second Notice of Preliminary Order
22.
A second notice of the Preliminary Derelict Building Order may be issued by the
Designated Officer if a property continues to remain a derelict property for more than
Thirty (30) days after the day on which the Preliminary Derelict Building Order was
served on all persons required to be served under Section 19.
23.
The second notice of the Preliminary Derelict Building Order must be issued in
the form set out in Schedule "E" to this by-law, and must include:
(a)
the legal description of the property;
(b)
a statement that the property continues to be a derelict property;
(c)
a statement that if the property is not brought into compliance with the
Vacant and Derelict Buildings By-law within Sixty (60) days, title to the
above noted property may be issued in the name of the Rural Municipality
of Roland and the persons being served may be forever stopped and
debarred from setting up any claim to or in respect of the property; and
(d)
a statement that the person served with the notice has the right to have
the Council review the Preliminary Building Order or the time period set
out to bring the property into compliance, whereby the request to have the
Council review the order must be made within 60 days after the second
notice is served.
24.
The designated officer must ensure that a copy of the second notice is:
(a)
promptly registered against the derelict property in the Morden Land Titles
Office; and
(b)
personally served on the registered owner of the derelict property and on
every other person who, on the day the order is registered at Morden Land
Titles Office, appears from the records to have an interest in the property.
Substitutional Service of Orders
25.
Where the RM is unable to effect personal service of an order, the Designated
Officer may make application to the District Registar of the appropriate Land Titles
Office for an order of substitutional service, and the District Registrar may grant the
order of substitutional service on such terms as the District Registrar deems
appropriate.
Application for Derelict Building Certificate
26.
A Designated Officer may apply to the Council for a Derelict Building Certificate
if:
(a)
a Preliminary Derelict Building Order and a second notice have been
issued, registered and served in accordance with the provisions contained
herein;
(b)
the time period for bringing the property into compliance with the Vacant
and Derelict Building By-law provided in the second notice of the
Preliminary Derelict Building Order has expired;
(c)
the appeal period has expired, or if the Council has reviewed the order
and confirmed same, or varied the order, but the order as varied, has not
been complied with; and
(d)
the Designated Officer is satisfied that the property continues to be in
contravention of the Vacant and Derelict Building By-law.
27.
When applying for a Derelict Building Certificate, a Designated Officer must
provide to the Council, a completed and sworn or affirmed statutory declaration in the
form set out in Schedule "F" to this by-law.
28.
The Council, upon receipt of an application for a Derelict Building Certificate,
may, by resolution, issue the certificate if there is evidence that the property continues
to be a derelict property; and in the opinion of the Council, there is a satisfactory plan for
redeveloping the property.
Application for Title
29.
When a Derelict Building Certificate is issued, the Designated Officer may
(a)
register the certificate against the derelict property in the appropriate Land
Titles Office; and
(b)
apply to the District Registrar for title to the derelict property to be issued
in the name of the Rural Municipality of Roland.
30.
Application for title must be made within 120 days after the Council issued the
Derelict Building Certificate.
PART V: ENACTMENT
DONE AND PASSED as a by-law of the R.M. of Roland in the Province of Manitoba
this 13th day of June , 2017
"Bob Horsman"
Bob Horsman
Deputy Reeve
"Kristin Olson"
Kristin Olson
Chief Administrative Officer
READ a first time the 9th day of May, 2017
READ a second time the 13th day of June, 2017
READ a third time the 13th day of June, 2017
SCHEDULE "A"
TO BY-LAW NO. 2-2017
MAINTENANCE STANDARDS FOR VACANT BUILDINGS
Foundation Walls and Foundation Supports
1.
(a)
Every foundation wall forming part of a building shall be maintained in good
repair and structurally sound so as to prevent undue settlement of the building or the
entrance of moisture, insects or rodents. Where necessary the foundation walls shall
be so maintained by shoring of the walls, installing of subsoil drains at the footing,
grouting masonry cracks and by parging and waterproofing.
(b)
Where any building is on a surface foundation and the inspector is of the opinion that
there is settlement or rotting of the beams or joists to such a degree as to adversely
affect the habitability of the building, he may require that the building be jacked up,
floors be levelled, broken or rotted flooring be renewed, and a concrete surface
foundation be constructed or concrete piers be installed in compliance with the
provisions of the Municipality's Building By-law.
(c)
Basement walls and floors shall be constructed of material impervious to ground or
other external moisture factors. The floor shall be so constructed as to effectively drain
all water into a floor drain which is connected to a sewerage system or some other
approved system.
Structurally Sound
2. (a)
Basement, cellar or crawl space floors shall be maintained in good repair and
structurally sound and where necessary shall be so maintained by the installation of
subsoil drains at the footing, grouting cracks, parging and damp-proofing.
(b)
Every part of a building shall be maintained in a structurally sound condition so as to be
capable of sustaining safely its own weight and any load to which it may be subject.
(c)
Materials which have been damaged or show evidence of rot or other deterioration shall
be repaired or replaced.
(d)
The Authority Having Jurisdiction may require that a structural analysis of the building
be carried out by a Professional Structural Engineer licensed to practice in the Province
of Manitoba.
Exterior Walls
3. (a)
Every exterior wall shall be free of holes, breaks, loose or rotting boards or timbers, and
any other conditions which might admit rodents, rain or dampness to the interior
portions of the walls or the interior spaces of the dwellings. Such defective materials or
objects shall be removed, repaired or replaced.
(b)
All exterior surfaces shall be of materials which provide adequate protection from the
weather.
(c)
The exterior walls and their components shall be maintained so as to prevent their
deterioration due to weather and shall be so maintained by the restoring or repairing of
the walls, coping or flashing, by the waterproofing of the joints and of the walls
themselves, or be covered by a protective surface where this is necessary to resist
deterioration of the structural surface.
Roof
4. (a)
A roof includes the facia board, soffit, cornice and flashing, and shall be maintained in a
watertight condition so as to prevent leakage of water into the building. Without limiting
the generality of this section, the maintenance required thereby includes the repairing of
eavestroughing and rain water piping or using other suitable means.
(b)
Where the protective surface of a roof consists of wood shingles they shall be
maintained in good repair to resist their deterioration.
(c)
Dangerous accumulations of snow or ice or both shall be removed from the roof of any
building or part thereof.
Doors and Windows
5. (a)
Every exterior door to a dwelling, every door to a dwelling unit or housekeeping dwelling
unit, and every door to rooms occupied by roomers, when closed, shall fit reasonably
well within its frame and shall have hardware so as to be capable of being locked from
both inside and outside.
(b)
All windows intended to be opened shall have hardware so as to be capable of being
locked or otherwise secured from the inside of the dwelling.
(c)
All windows and doors, basement or cellar hatchways and their frames shall be
constructed and maintained in such relation to wall construction as to completely
exclude rain and substantially exclude wind from entering the structure. Every window
shall be properly glazed.
(d)
The inspector may when he deems necessary, require that doors, door frames, window
frames, sashes and casings be renewed, or doors and windows be refitted, weather-
stripping be installed, door and window hardware be renewed and reglazing be done.
(e)
Every opening in an exterior wall that is used or required for ventilation or illumination,
and is not protected by a window or door, and could permit the entry of rodents or
vermin shall be screened with wire mesh, metal grille, or other durable material, or
otherwise protected so as to effectively prevent the entry of rodents or vermin.
Screens and Storm Doors
6. (a)
Close fitting sash screens shall be provided in all windows used for ventilating purposes
from May 1 to November 1 in each year. Such screens shall have a mesh of not less
than number fourteen, and shall be maintained in good condition.
(b)
Where considered necessary by an inspector, close fitting screen doors shall be
provided and installed to exterior doorways and shall be maintained in good condition.
(c)
Storm sashes used in windows required for ventilating purposes shall be provided with
sliding or hinged sub-sashes or with any other opening device satisfactory to the
inspector.
(d)
Where storm windows are installed in a dwelling, such windows shall be kept in good
repair and glazed.
(e)
Where considered necessary by an inspector, properly fitting storm doors or storm
windows shall be provided in a dwelling.
Porches, Sheds, Stairs
7.
Every porch, shed and stairway in, on or appurtenant to a building shall be maintained
in good repair so that no component thereof is broken, loose, rotted, warped, out-of-
plumb, off-level or out of alignment to which it was designed or constructed, or is without
a protective surface.
Guardrails
8. (a)
Every interior stair that has more than three risers shall have the sides of the stair and
the landing or floor level around the stair well enclosed by walls or protected by
handrails or guards, except that a stair to an unfinished basement or cellar may have
one unprotected side.
(b)
Handrails and guards for stairs shall be not less than 800 mm and not more than 920
mm above a line drawn through the outside edges of the stair nosings and 1020 mm
above landings.
(c)
Every exterior stair with more than 3 risers and every exterior landing or porch 600 mm
or more above grade, and every balcony, mezzanine, gallery, raised walkway, and roof,
to which access is provided for other than maintenance purposes, shall be protected by
guards on all open sides.
(d)
Guards around roofs shall be at least 1070 mm in height. All other guards shall be at
least 920 mm in height.
(e)
Openings through a guard shall be of a size as to prevent the passage of spherical
objects having a diameter of 100 mm in residential occupancies and 200 mm in all other
occupancies.
(f)
All handrails and guards shall be maintained in good repair firmly attached so as to
provide adequate protection against accident and injury.
Walls and Ceilings
9. (a)
Every wall and ceiling in a dwelling shall be maintained in good condition and free from
holes, large cracks, loose plaster and accident hazards.
(b)
The inspector where he deems necessary may require that wood trim be renewed.
Floors
10.(a)
Every floor shall be free of loose, warped, protruding or rotting floor boards, shall be free
of wide dirt-harbouring holes or cracks and other defects that are fire or accident
hazards, and shall be maintained in a clean and sanitary condition.
(b)
Floor coverings shall be in good repair, well fitted and capable of being easily kept
clean.
(c)
The floor and walls to a height of 400 mm above the floor or bathtub, of every bathroom,
shower room and toilet room shall be maintained reasonably resistant to water and in
such condition as to permit easy cleaning.
Sewage and Drainage
11.(a)
No roof drainage or surface drainage shall be discharged on stairs or neighbouring
property and all such drainage shall be conveyed so as not to cause dampness in the
walls, ceilings, or floors of any portion of the building itself or any adjacent building.
(b)
Sewage shall be discharged only into a sewerage system in accordance with the
provisions of the Municipality's Sewer By-law.
(c)
Sewage shall not be discharged onto the surface of the ground whether into a natural or
artificial drainage system or otherwise.
(d)
Rainwater shall not be discharged into the municipal Sewerage System by means of
conduit. Such drainage shall be directly or indirectly channelled into the storm sewer
system or into surface drainage channels. Drainage by way of weeping tiles into the
municipal Sewerage System shall not be allowed.
Maintenance of Property
12.(a)
A property shall be kept free and clean from:
(1)
rubbish, garbage, and other debris;
(2)
wrecked, dismantled, partially dismantled vehicles, trailers and other
machinery or any parts thereof; and
(3)
objects and conditions, including holes and excavations, that are health,
fire or accident hazards.
(b)
A yard shall be graded in such a manner as to prevent the excessive or recurrent
ponding of storm water or the entrance of water into a basement or cellar and shall be
cultivated or protected with a suitable ground cover to prevent erosion of the soil.
Walks
13.(a)
A walk shall be provided from the principal entrance of every building to a public street
or to a driveway affording access to a public street and such walk shall be kept
reasonably clear of snow and ice.
(b)
Every sidewalk, driveway and parking space and all exterior steps shall be kept in good
repair and shall be maintained so as to afford safe passage under normal use and
weather conditions.
Fences and Accessory Buildings
14.
All fences and accessory buildings shall be kept weather resistant, in good repair, and
free from health, fire and accident hazards.
Garbage Disposal
15.
Garbage disposal shall be in accordance with the Municipality's Solid Waste Collection
and Disposal policies.
Unsafe Conditions and Dangerous Buildings
16.
When a building or structure or part thereof, or a well, excavation, or opening, is in an
unsafe condition, an Inspector may proceed to take action pursuant to the provisions
contained in the Municipality's Building By-law as it relates to unsafe conditions.
Hazardous Conditions
17.
No dwelling, or any part thereof, or the lot upon which it is situated shall be used as a
place of storage, keeping or handling of any article dangerous or detrimental to life or
health, nor of any combustible article, except under such conditions as may be
prescribed by the Fire Chief under authority of a written permit issued by him.
SCHEDULE B
TO BY-LAW NO. 2-2017
PART I - REQUIREMENTS FOR SECURED BUILDINGS
A dwelling shall be secured in accordance with the following requirements:
(a) every exterior door to the dwelling is operational, fits tightly within its frame
when closed and is locked as to prevent entry;
(b) all windows are either permanently sealed or locked, but not boarded, so as
to prevent entry;
(c) all windows, doors, basement and attic hatchways and their frames are so
constructed and maintained to completely exclude rain and substantially
exclude wind from entering the structure;
(d) all exterior walls must be free of holes, breaks, loose or rotting board or
timbers and any other condition which might admit insects, rodents or other
pest to the interior of the wall of the interior of the dwelling;
(e) every window is kept in good repair, and properly glazed; and
(f) integral operational systems and all life safety requirements in a building or
structure or portion thereof, including but not limited to fire protection systems
electrical, plumbing and mechanical systems including structural sufficiency
and all life safety requirements shall be maintained in a functional state.
Required testing and inspection reports are to be supplied to the Building
Inspector and the Fire Prevention Officer of the Rural Municipality of Roland
upon request.
PART II - REQUIREMENTS FOR BOARDED BUILDINGS
A dwelling shall be boarded up in accordance with the following requirements:
(a) doors, windows and other openings at the basement and first floor levels shall be
covered with a solid piece of plywood, at least 11 mm thick and the plywood shall
be secured with nails at least 50 mm long, spaced not more than 150 mm on
centre;
(b) unless otherwise accepted by the Authority having jurisdiction, all doors, windows
and other openings on the second and third floors shall be covered with a solid
piece of plywood, at least 8 mm thick. This plywood shall be adequately nailed or
otherwise secured;
(c) plywood applied to openings shall be installed from the exterior, shall be fitted
within the frames in a manner accepted as good workmanship, and shall be
painted with two coats of white paint on the exterior side;
(d) openings that are not covered with plywood shall be cleared of broken glass and
any other loose material;
(e) exterior access to floor areas above the first floor, such as fire escapes and
ladders shall be:
(1)
removed up to the second floor level or to a height of 4 metres above the
ground, whichever is lesser; or
(2)
guarded to the satisfaction of the Authority having jurisdiction;
(f) openings to passageways shall be adequately secured and protected. Openings
in a street or sidewalk to any passageways shall be covered with an appropriate
metal plate, having a thickness not less than 8 mm and the plate shall be
anchored or secured to prevent it from shifting. Alternatively, the areaway may be
filled with concrete or unshrinkable fill to the satisfaction of the Authority having
jurisdiction;
(g) facia signs, overhanging signs, roof signs and all other appurtenances, such as
sun visors or awnings, shall be removed if they are in a dangerous condition or
could create such a condition;
(h) all loose material on the exterior of the building shall be removed and any
condition which may become a hazard or danger to the public shall be corrected;
(i) all utilities, such as hydro, gas and water, shall be cut off or shut off to the
satisfaction of the utility concerned.
SCHEDULE "C"
TO BY-LAW NO. 2-2017
ORDER TO MAINTAIN
TO: ________________________________________, as registered owner
FROM: RURAL MUNICIPALITY OF ROLAND
PURSUANT to The Rural Municipality of Roland Vacant and Derelict Building By-
law No. 2-2017, the Bylaw Enforcement Officer for the Rural Municipality of Roland has
inspected the land, building and premises commonly known as:
_________________________, in the Rural Municipality of Roland, in Manitoba
Civic address
said property being legally described as:
____________________________________________________
Legal Description and Roll Number
the registered owner of the said property being:
____________________________________________________
Name of Registered Owner
and as a result of this inspection, the Bylaw Enforcement Officer is satisfied that the
land, building, and premises do not comply with the standards prescribed in the said By-
law in that:
List of Non Compliance Items
__________________________________________________________________
The above are contraventions of Section(s)
_______________________________________________________________
List Section Numbers of By-Law Contraventions
PURSUANT to SECTION 7 of the said By-law, ____________________________,
Name of Inspector
being an Inspector of the Rural Municipality of Roland, herewith orders you to bring the
property into conformity with the provisions of the said by-law and herewith orders you
to bring the said property into conformity with the provisions of the said by-law within
_____days from the date of service of this Order.
A BUILDING PERMIT UNDER THE RURAL MUNICIPALITY OF ROLAND BUILDING
BY-LAW WILL BE REQUIRED TO DO THE WORK NECESSARY TO COMPLY WITH
THE VACANT AND DERELICT BUILDING STANDARDS BY-LAW.
PURSUANT to SECTION 11 of the said by-law, the owner(s) or a person
authorized in writing by him/her to act on his/her behalf, may appeal this Order or any
provisions hereof by filing with the CAO, a NOTICE OF OBJECTION within FOURTEEN
(14) DAYS following the service of this Order.
SECTION 14 of the said by-law provides:
"Where an owner has failed to comply with an Order either of an inspector or an Order
made by the Committee, as the case may be, then the Authority having jurisdiction may
cause the non-conformance to be corrected without any further notice to the owner. The
entire costs of correcting the non-conformance are considered an amount owing to the
municipality as per provisions of The Municipal Act and shall be added to the taxes of
the owner."
SIGNED at the Rural Municipality of Roland, in Manitoba, this day of
, A.D. 20 .
RURAL MUNICIPALITY OF ROLAND
PER:
__________________________________________
(BYLAW ENFORCEMENT OFFICER)
SCHEDULE "D"
TO BY-LAW NO. 2-2017
PRELIMINARY DERELICT BUILDING ORDER
RE: __________________________________________
Legal description of property
commonly known as ____________________ (civic address) in the Rural Municipality
of Roland:
WHEREAS the registered owner of the above-noted property has been found guilty of
contravening a derelict building by-law, namely, the Vacant and Derelict Buildings By-
law No. 2-2017, on ______________________(date);
AND WHEREAS I am satisfied on the basis of the inspection of the above-noted
property by an enforcement officer with authority to enforce the Vacant and Derelict
Buildings By-law that the property continues to be in contravention of the Vacant and
Derelict Buildings By-law;
THEREFORE, TAKE NOTICE THAT
The above-noted property is a derelict property as defined in The Municipal Act of
Manitoba.
The above-noted property may be transferred to the Rural Municipality of Roland if it is
not brought into compliance with the Vacant and Derelict Building By-law within ninety
(90) days after this Order has been served on the registered owner.
AND FURTHER TAKE NOTICE THAT
You may have a right to appeal this Order to the Council of the Rural Municipality of
Roland. Your appeal must be in writing and must be received by the Municipal Office,
45 3rd St., Roland, Manitoba, R0G 1T0 within ninety (90) days after this order has been
served on you.
If you have any questions concerning this Order or the consequences of failing to bring
the property into compliance with the Vacant and Derelict Building By-law No. 2-2017
please contact _____________________at _______________.
___________________________
____________________________
Designated Officer
Date
SCHEDULE "E"
TO BY-LAW NO. 2-2017
SECOND NOTICE OF A
PRELIMINARY DERELICT BUILDING ORDER
RE: _________________________________
legal description of property
commonly known as __________________________(civic address) in the Rural
Municipality of Roland:
WHEREAS a Preliminary Derelict Building Order in respect of the above-noted property
was issued on ____________________________(copy attached);
AND WHEREAS more than thirty (30) days have passed since all the persons required
by The Municipal Act of Manitoba to be served with a copy of the Preliminary Derelict
Building Order were served with a copy of the Order;
AND WHEREAS the property continues to remain a derelict property in that it is not in
compliance with the Vacant and Derelict Building By-law;
THEREFORE TAKE NOTICE THAT
Unless the above-noted property is brought into compliance with the Vacant and
Derelict Building By-law within sixty (60) days after this Second Notice is served on the
registered owner of the property and the interested persons on whom it is required to be
served
Title to the above-noted property may be issued in the name of the Rural
Municipality of Roland; and
You may be forever stopped and debarred from setting up any claim to
or in respect of the property.
You have a right to appeal the Preliminary Derelict Building Order or the time period set
out in it for bringing the property into compliance with the Vacant and Derelict Building
By-law No. 2-2017 to the Council of the Rural Municipality of Roland. Your appeal must
be in writing and must be received by the Municipal Office, 45 3rd St., Roland, Manitoba,
R0G 1T0 within sixty (60) days after this Second Notice has been served on you.
If you have any questions concerning this Order or the consequences of failing to bring
the property into compliance with the Vacant and Derelict Buildings By-law No. 2-2017
please contact ____________________at (204) __________ .
_________________________
______________________________
Designated Officer
Date
SCHEDULE "F"
TO BY-LAW NO. 2-2017
STATUTORY DECLARATION
RE:
_________________________________
legal description of property
commonly known as _____________________________(civic address) in the Rural
Municipality of Roland:
I, _____________________________ a Designated Officer for the purposes of the
Vacant and Derelict Building By-law No. 2-2017,
MAKE OATH (OR AFFIRM) AND SAY THAT
A Preliminary Derelict Building Order in respect of the above-noted property was issued
on ______________(date) (Exhibit A) and a Second Notice of a Preliminary Derelict
Building
Order
in
respect
of
the
above-noted
property
was
issued
on
______________________ (date) (Exhibit B). Both the Preliminary Derelict Building
Order and the Second Notice of a Preliminary Derelict Building Order have been
registered at the land titles office and have been served in accordance with The
Municipal Act of Manitoba.
The time period for bringing the above-noted property into compliance with the Vacant
and Derelict Building By-law provided in the Preliminary Derelict Building Order and the
Second Notice of a Preliminary Derelict Building Order has expired.
The time period within which an appeal against the Preliminary Derelict Building Order
may be taken has expired or, if an appeal against the Order was taken, the appeal has
been decided and the decision either (a) confirmed the Order or (b) varied the Order but
the person has not complied with the Order as varied.
I am satisfied on the basis of inspections carried out by me or by other employees of the
Rural Municipality of Roland who are authorized to enforce the Vacant and Derelict
Building By-law that the property continues to be in contravention of the By-law.
Sworn or affirmed before me this _____
day of ________________in the year
20__, in the Rural Municipality of Roland
in the Province of Manitoba
)
)
)
)
)
)
_________________________________
_
) _________________________________
_
A Commissioner of Oaths / Notary Public
in and for the Province of Manitoba
My
Commission
Expires:
______________
Signature of Designated Officer