Unsightly Premises By-Law No. 1413/2018 — full text

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## UNSIGHTLY PREMISES ## Rural Municipality of Victoria ## BY-LAW NO: 1413/2018 WHEREAS The Municipal Act reads in part as follows: 232(1) A council may pass by-laws for municipal purposes respecting the following matters; - 0) Seen ent or by as subject to section 233, activities or things in or on private property; 2. the safety, health, protection and well-being of people, and the safety and protection of property;... 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; - (c) the removal of top soil; and - (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; - (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 anc 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 - (i) creating offences, - (b) remedying contraventions of by-laws, including - (i) 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, - (iv) seizing, removing, impounding, confiscating and selling or otherwise disposing of plants, animals, vehicles, or other things related to a contravention, - (iii) providing that an amount owing under subclause (i) may be collected in any manner in which a tax may be collected or enforced under this Act, - (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; - (d) state that if the person does not comply with the directions within a specified time, the municipality will take the action or measure at the expense of the person. - 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 - (i) to eliminate the danger to public safety in the manner specified, or - (a) in the case of a structure, require the owner - remove or demolish the structure and level the site; - (b) in the case of land that contains the excavation or hole, require the owner - to eliminate the danger to public safety in the manner specified, or - fill in the excavation or hole and level the site; - to improve the appearance of the property in the manner specified, or - (c) in the case of property that is in an unsightly condition, require the owner - (il) if the property is a building or other structure, remove or demolish the structure and level the site. 243(2) The order may - (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. - (a) state a time within which the person must comply with the order; and - 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 - 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, director, occupier or mortgagee of property which is the subject of 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. 5. "Municipality" means the LUD of Holland or the LUD of Cypress River in the Rural Municipality of Victoria. 6. "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. 7. "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 - j) "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. - 1) "Store" means to keep or allow to be kept. - m) Unsafe structure" means any structure, whether a building, fence, excavation ole, which in the opinion of the Designated Officer is at risk of collapse or otherwis dangerous to public safety or property. 6. n) - 0) "Urban Community" means the Communities of Holland and Cypress River. - p) "Vehicles shall have the meaning ascribed to that term in The Highway Traffic Act and amendments thereto and shall include an 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 LUD of Holland THEREFORE the Council of the Rural Municipality of Victoria, in Council duly assembled, enact as follows: ## Standards 1. THAT no owner or occupier of property within the LUD of Holland or the LUD of Cypress River in the Rural Municipality of Victoria shall permit on such property: 2. (a) rubbish; 3. (c) unsightly property; 4. (b) unsafe structure(s); 5. (d) to storage 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; 6. (f) the storage of household appliances, whether or not the same are capable of 7. (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; 8. the rationth of weeds as defined in The Noxious Weeds Act so that the same (9) become a nuisance to adjoining properties; 9. (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; 10. (h) the growth of grass to a length which in the opinion of the designated officer is unsightly; or - () 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 222222 ## Complaint Any Designated Officer of the Municipality may determine a violation of this by-law; or ANce or maplege a volatin of and bytes ey making as as the Desirated Dece ter from time to time require ## Duty to Provide Information A requirement to report or provide information under this By-Law applies even if: - b) it requires the disclosure of proprietary information or confidential information; - a) it requires the disclosure of personal 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 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 the Urban community, in such manner as shall be reasonably necessary in order to determine whether o lot there have 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 - (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 - (c) advise of the process of appeal. ## Appeals Antennet e wor the chie Admintative Order of the bute ply at any ore before the compliance with such order. 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 ersons and in the manner specified in under Services of Notices or Orders below no later th days prior to the appeal hearin 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 Appeal 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 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 sai 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) day oF the enova or me vente ## 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) Ist offence - $100.00 - c) 3rd offence - $500.00 for contravention of this By-law, by the same property owner and within a year of 2nd offence. - b) 2nd offence- $300.00 for contravention of this By-law, by the same property owner and within a year of 1st offence. Where the contravention, refusal, neglect, omission, or failure continues for more than one day, the person or corporation is guilty of a separate offence for each day it continues. ## 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 - (b) $20.00 per day for the impoundment and storage; and, - (a) $100.00 for the removal and towing of the vehicle; 6 - (c) $150.00 for the destruction and disposal of the vehicle. ## Enforcement 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 of the property. In additional 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 offense and is liable, on summary conviction, to fine not exceeding $1,000.00, or in the case of an 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 offense or offences, is likewise guilty of the offense and is liable on summary conviction, to the fines, penalties and charges for which ## Repeal THAT By-Law No: 1312/2009 hereby be repealed. DONE AND PASSED by the Council of the Rural Municipality of Victoria in session assembled, this 11th day of July, A.D. 2018. Rural Municipality of Victoria  Reluppos Députy - Reeve Read a first time this Read a second time this Read a third time this 13th day of 11th day of 11th \_ day of June July July A.D. 2018. A.D. \_ A.D. 2018. nief Administrative Offic / 2018.