Vacant and Derelict Buildings By-Law No. 1433/2021
Rural Municipality of Victoria, Manitoba
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## RURAL MUNICIPALITY OF VICTORIA VACANT AND DERELICT BUILDINGS
## BY-LAW NO: 1433/2021
WHEREAS the Rural Municipality of Victoria is empowered by Section 232 of The Municipal Act, to pass a by-law with respect to the condition and maintenance of vacant dwellings and nonresidential 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 ikelihood of arson, vandalism, drainage problems and vermin infestation;
AND WHEREAS the Rural Municipality of Victoria deems it expedient and in the public interest o establish a by-law to regulate the condition and maintenance of derelict and vacant, unsaf 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 Victoria, 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 Accordance with this Bylaw:
3. "BOARDED BUILDING" means a vacant structure boarded up.
4. "BUILDING" means any structure used or intended for supporting or sheltering any use or any occupancy.
5. COMMITTEE" means the Council of the Rural Municipality of Victoria, and charged with th esponsibility of hearing and making decisions on appeals to Orders issued pursuant to th provisions of this by-law.
"DERELICT PROPERTY" means property upon which is located a vacant dwelling or nonresidential building that is not in compliance with the provisions of this by-law.
"DESIGNATED OFFICER" means the Building Inspector of the Rural Municipality of Victoria and any employee of the Municipality to whom he or she has delegated authority or duty granted or imposed under this By-law.
- "INSPECTOR" means Building Inspector, Bylaw Officer or any other person or agency safety and byroperty standards within the mundatialy or wholy responsible for the building
- "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 is:
- ) the person that for the time being is managing or receiving the rent of the land remises in connection with which the word "owner" is used, whether on his ow
- 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 unde
"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 Designated Officer or Building Inspector. 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.
Requirements for All Vacant Buildings
3. The owner of a vacant dwelling or non-residential property must ensure that the premises are 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 having the building conventionally secured or boarded.
5. A dwelling may remain boarded up for a maximum of Twenty-One (21) days after which the Deterihe by the Baiting insperty and buidings are restored to an acceptable condition as
6. Failure on the part of any owner to secure a Vacant Derelict and Unsafe building shall result in the Municipality taking Emergency Abatement Action to secure the building at a cost to th wner. Municipal Act Sec (247)
4. authority, if demanded, enter upon any building or premises in the Municipality that is boarded or appears to be vacant for the purpose of determining if bylaws are being complied with.
5. 7.1 The inspector 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 ess than forty-eight (48) hours from the date that the notice is delivered to the owner o ccupier of the land or building or other structure to be inspectec
6. 7.2 In the event that the owner or occupier refuses to accept delivery of the Notice Order, oi cannot be located, reasonable notice shall be deemed to have been given provided that the
## Preliminary Derelict Building Order
- (a) The registered owner of the property has been found guilty of contravening the Vacant and Derelict Building By-law;
8. A Designated Officer may issue a Derelict Building Order in respect of a property if he is satisfied that:
- (b) The property continues to be in contravention of Schedule "A" of this bylaw.
Form of Order shall be;
- (b) Order shall describe the deficiencies and further that the property is a derelict, vacant or unsafe;
- (a) The legal description of the property and Roll Number;
- (c) Statement that the property may be transferred to the Rural Municipality of Victoria if it is not brought into compliance with the Vacant and Derelict Buildings By-law; and,
- (d) That the Municipality may take action to remedy the violations.
9. Derelict Buildings Unsafe and beyond Repairs shall be considered unsafe and a danger to the community. Owner shall be issued an Order to have the Unsafe Structure removed and leve the site.
10. The registered owner shall have a minimum of Ninety (90) days to bring the property into
11. 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 Chief Administrative Officer within thirty (30) days after the order has been served on the registere
DONE AND PASSED by the Council of the Rural Municipality of Victoria in session assembled, this gth day of September, A.D. 2021.
Rural Municipality of Victoria
"Originally Signed by Reeve Raymond W. Hugart"
| | | | Reeve |
|-------------------------|------|--------------------------------------------|------------------------------|
| | | "Originally signed by CAO Y. Ivan Bruneau" | |
| | | | Chief Administrative Officer |
| Read a first time this | | 11t day of | |
| Read a second time this | 11th | day of | |
| Read a third time this | | day of | |
## Standards
Foundation Walls and Foundation Supports:
1. 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.
- Basement walls and floors shall be constructed of material impervious to ground or oth xternal moisture factors. The floor shall be so constructed as to effectively drain all wat into a floor drain which is connected to a sewerage system or some other approved system.
## Exterior Walls:
3. 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.
4. All exterior surfaces shall be of material and workmanship adequate and suitable, so as to provide protection from extreme weather.
5. 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:
6. 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 eaves troughing and rain water piping or using other suitable means.
7. Where the protective surface of a roof consists of wood shingles, they shall be maintained in good repair to resist their deterioration.
8. Dangerous accumulations of snow or ice or both shall be removed from the roof of any building or part thereof.
## Doors and Windows:
9. Every exterior door to a dwelling, every door to a dwelling unit or housekeeping dwelling unit, and every door to rooms, when closed, shall fit reasonably well within its frame and shal have hardware so as to be capable of being locked from both inside and outside
10. 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.
11. 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
12. Screen and Storm Doors shall be provided with 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
## Schedule 'A'
Sheds and Accessory Buildings:
13. All sheds, fences and accessory buildings shall be maintained in good repair and are not to become dilapidated or unsightly.
Guardrails, Stairs and Porches:
14. Every exterior 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 si guards, except that a stair to an unfinished basement or cellar may have one unprotected
15. Porches are to be maintained and kept in good repair; not to be warped, unsteady and must be properly secured to the wall or flooring.
Walks and Entrance Ways:
6. A walk shall be provided from the principal entrance of every building to a public street · a driveway affording access to a public street and such walk shall be kep reasonably clear of snow and ice.
General Maintenance of Property/Yard:
17. All Vacant properties shall be kept free and clear of:
2. Garbage Accumulation;
- d) Unsafe or Hazardous conditions that may be detrimental to the community.
- c) Junk, scrap, motor vehicle parts and accessories, or the storage of outdoor or indoor furniture or appliances; and,