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RURAL MUNICIPALITY OF ROLAND
BY-LAW NO. 1-2020
BEING a By-law to revise and update the maintenance of property,
and to regulate nuisances, derelict, abandoned and unsightly property.
WHEREAS The Municipal Act reads in part as follows:
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.
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...
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, odors, unsightly property, fumes and vibrations.
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 vies 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 of measure at the expense of the person.
RURAL MUNICIPALITY OF ROLAND
Page 2 of 5
BY-LAW NO. 1-2020
243(1)
If, in the opinion of a designated officer, a structure, excavation or hole is dangerous to
public safety or property, or because of its unsightly condition, is detrimental to the
surrounding area, the designated officer may by written order
(a)
in the case of a structure, require the owner
(i)
to eliminate the danger to public safety in the manner specified, or
(ii)
remove or demolish the structure and level the site;
(b)
in the case of land that contains the excavation or hole, require the owner
(i)
to eliminate the danger to public safety in the manner specified, or
(ii)
fill in the excavation or hole and level the site;
(c)
in the case of property that is in an unsightly condition, require the owner
(i)
to improve the appearance of the property in the manner specified, or
(ii)
if the property is a building or other structure, remove or demolish the
structure and level the site.
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.
244(1)
A person who receives a written order under section 242 or 243 may request the council to
review the order by written notice within 14 days after the date the order is received, ...
244(2)
After reviewing the order, the council may confirm, vary, substitute or cancel the order.
AND WHEREAS the definitions pertaining to this by-law are:
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)
"interested person" means the owner, occupier or mortgagee of property which is
subject to an order made under the authority of this by-law.
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)
"Municipality" means the Rural Municipality of Roland.
f)
"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.
g)
"owner" in the case of any property means the registered owner of the property according
to the current assessment records of the Municipality.
h)
"person" means an individual, firm partnership or corporation and where the context
requires shall include the plural as well as the singular.
i)
"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.
j)
"rubbish" means any garbage, trash, or junk including, but not limited to unwanted or
discarded household items, waste from building construction, remodeling 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 neighborhood aesthetics.
k)
"Store" means to keep or allow to be kept.
l)
"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.
m)
"unsightly property" means a property which in the opinion of the designated officer is
detrimental to the surround area, including but not limited to the growth of grass to a
length which is unsightly or the growth of weeds so that same become a nuisance to
adjoining properties.
n)
"Urban Community" means the communities of Roland and Myrtle
o)
"Vehicles" shall have the meaning ascribed to that term in The Highway Traffic Act and
amendments thereto and shall include and off road vehicle and any parts of any vehicle
exceeding 18" in length.
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 Roland;
RURAL MUNICIPALITY OF ROLAND
Page 3 of 5
BY-LAW NO. 1-2020
NOW THEREFORE the Council of the Rural Municipality of Roland, in Council assembled, enact as follows:
Standards
THAT 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)
to 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 statues,
unless the said property and/or structures are lawfully licensed as a commercial automobile
dealership;
(e)
Parking on any part of any residential property that is not normally designed and constructed
as a drive way or parking pad surface being, concrete, asphalt, gravel or similar hard packed
surface specifically utilities as a space for the parking of vehicles
(f)
the storage of household appliances, whether or not the same are capable of operation;
(g)
the growth of weeds as defined in The Noxious Weeds Act so that the same become a
nuisance to adjoining properties;
(h)
the growth of grass to a length which in the opinion of the designated officer is unsightly; or
(i)
A tree that is destabilized or structurally compromised, or a tree with pest infection, that may
cause damage or injury to life or property;
(j)
regular outdoor burning, the smoke of which causes a nuisance to adjoining properties;
(k)
Any contravention of any other property standards that effect the health, safety and protection
of property and because of its unsightly condition is detrimental to the surrounding area, that
may be specified by way of any schedule, that may be attached to this By-Law and amended
from time to time as required.
Exceptions
This By-Law shall not apply to property owned or under control of the Rural Municipality of Roland.
Notwithstanding section Standards 1 (d) and (e), a person may park or store a vehicle on private property
provided that the vehicle is wholly contained within a lawfully existing structure on the property and a maximum
of two vehicles are allowed in the rear yard of a property provided that no part of any vehicle is visible from any
public road and they are rodent free.
Complaint
Any Designated Officer of the Municipality may determine a violation of this by-law; or
Any person may allege a violation of this by-law by making a complaint with the Designated Officer or Municipal
Office in such form and with such particulars as the designated officer may from time to time require.
Duty to Provide Information
A requirement to report or provide information under this By-Law applies even if:
a) it requires the disclosure of personal information;
b) it requires the disclosure of proprietary information or confidential information;
c) disclosure of the information is restricted by legislation or otherwise.
Inspection
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.
The Designated Officer may, on his own initiative, inspect any property, in such manner as shall be
reasonably necessary in order to determine whether or no there has been a violation of this By-law.
Warnings, Orders and Notices
Where inspections reveal a violation of any provision of this by-law, the designated officer;
shall issue a written order to the owner of the property which shall:
(a)
Describe the contravention, the required remedy and specify the time within which compliance
shall be required.
(b)
Advise that should compliance not be effected within the specified time the Municipality may
undertake the remediation at the expense of the owner of the property; and such expenses
may be collected in the same manner that tax may be collected or enforced under the
Municipal Act;
(c)
Advise of the process of appeal.
RURAL MUNICIPALITY OF ROLAND
Page 4 of 5
BY-LAW NO. 1-2020
Appeals
Any owner and/or occupier may appeal an order made by the Designated Officer by filing written notice
with the Chief Administrative Officer of the Municipality at any time before the compliance with such
order.
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 under
Services of Notice or Orders below no later than 5 days prior to the appeal hearing.
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; confirm, vary or cancel
the order of the Designated Officer.
Service of Notices or Orders
Any order issued by the designated officer and a notice of hearing issued under Appeals section hereof
of this By-law shall be served by personal service or by registered mail upon the owner, service by
registered mail shall be conclusively deemed to have been served on the owner five (5) days after it is
mailed.
A copy of said notice or order must be filed by the Designated Officer at the Municipal Office either in
person, or by mail, fax or email within five (5) business days of serving or mailing said notice and or
order.
Removal of Vehicles
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
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
A vehicle removed pursuant to this By-law may be released to the owner therefor, 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 prescribed in this By-law within thirty (30) days of the removal of the
vehicle.
No Obstruction
No person shall interfere, resist, hinder, make a false or misleading statement to or otherwise obstruct a
Designated Officer, or any other person who is authorized under this By-law to carry out any authorized
action in the performance of his or her duties.
Fines
Any person who does not comply with a written order from the Designated Officer or who contravenes
any provision of this By-law is guilty of an offense and is subject to the following fines:
a) 1st offence - $100.00
b) 2nd offence - $300.00 for contravention of this By-law, by the same property owner and
within a year of the 1st offence.
c) 3rd offence - $500.00 for contravention of this By-law, by the same property owner and
within a year of 2nd offence.
Penalties and Charges
In addition to any fines imposed, the Municipality 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;
b) $20.00 per day for the impoundment and storage; and
c) $150.00 for the destruction and disposal of the vehicle.
RURAL MUNICIPALITY OF ROLAND
Page 5 of 5
BY-LAW NO. 1-2020
Enforcement
The costs of action 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.
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 $1000.00,or in the case of any individual, to imprisonment for a term not exceeding six
months, or to both such a fine and such an imprisonment.
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 fines, penalties and charges for which provision is made above.
Repeal
By-laws No. 16-76 and 7-2004 are hereby repealed.
DONE AND PASSED in Council assembled at Roland, in the Province of Manitoba,
this 26th day of March, 2020.
Read a first time, February 11, 2020
Read a second time, February 11, 2020
Read a third time, March 26, 2020
______________________________
Michael Pfrimmer, Reeve
____________________________
Kristin Olson, C.A.O.