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DERELICT VEHICLE BY-LAW
RURAL MUNICIPALITY OF VICTORIA
BY-LAW NO: 1330/2010
BEING A BY-LAW OF THE RURAL MUNICIPALITY OF VICTORIA TO REGULATE THE PARKING AND STORING
OF DERELICT VEHICLES UPON PROPERTY WITHIN THE BOUNDARIES OF THE LOCAL URBAN DISTRICTS OF
HOLLAND AND CYPRESS RIVER.
WHEREAS Subsection 232(1)(c) of The Municipal Act provides as follows:
"A council may pass By-Laws for municipal purposes respecting the following matters:
subject to section 233, activities or things in or on private property";
AND WHEREAS section 233 of The Municipal Act provides as follows:
"A By-Law under clause 232(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 the Council are or could become a nuisance, which
may include noise, weeds, odors, unsightly property, fumes and vibrations";
AND WHEREAS subsection 232(1)(o) of The Municipal Act provides as follows:
"A council may pass By-Laws for municipal purposes respecting the following matters:
the enforcement of By-Laws;
AND WHEREAS Section 236 and Part 7, Division 3 of the Municipal Act provides for enforcement of By-
Laws;
AND WHEREAS Council of the Rural Municipality of Victoria deem it necessary and desirable to pass a
By-Law to regulate the storage of vehicles upon property; and,
NOW THEREFORE the Council for the Rural Municipality of Victoria enacts as follows:
1. Definitions
In this By-Law:
a) "Derelict Vehicle" is any vehicle which does not fall into one of the following categories:
i)
is duly registered under The Highway Traffic Act;
ii) is capable of being duly registered under The Highway Traffic Act and the Person who is
the owner thereof possesses an "Inspection Certificate" as prescribed under The Highway
Traffic Act;
iii) the Vehicle registration has lapsed and/or cancelled in the last six (6) months and the
Vehicle is still owned by the same Person shown on the registration and thus the Vehicle
is capable of being registered without an "Inspection Certificate";
iv) the Vehicle has storage insurance placed thereon with the Manitoba Public Insurance
Corporation insuring the value of the vehicle;
v) is enclosed wholly within an enclosed building;
vi) is located solely within the communities of Holland or Cypress River in which the primary
use of the property is for a commercial activity as determined by Council;
vii) is totally covered with the exception of the tires thereof by a tarp or other suitable cover;
viii) a Semi-trailer which, whether registered under the Highway Traffic Act or not, is moved a
minimum distance of one (1) mile every thirty (30) days except where a Permit has been
issued for said semi-trailer.
b) "Designated Officer" is such person who is appointed by the Council of the Rural Municipality
of Victoria from time to time to enforce the terms of this By-Law.
c) "Occupant" is the person shown in the latest assessment roll of the Rural Municipality of
Victoria as the registered owner of the land, or a person leasing the land from the registered
owner.
d) "Property" means all lands held under one Certificate of Title, notwithstanding that one or
more parcels of land may be held under one Certificate of Title and shall include the
approach.
e) "Person" means an individual, firm or corporation, and where demanded by context shall
include the plural or singular.
f)
"Municipality" means the Rural Municipality of Victoria.
By-Law No. 1330/2010 - Derelict Vehicle By-Law
Page 2
g) "Committee" means the Local Urban Districts of Holland and Cypress River.
h) "Council" means the Council of the Rural Municipality of Victoria.
i)
"Vehicle" means any vehicle which in order to be lawfully operated must be registered under
The Highway Traffic Act, and/or The Off-Road Vehicle Act, and includes cars, trucks, trailers,
snowmobiles, motorcycles, all terrain vehicles, motors, transmissions, assembly systems,
chassis, body, or other parts for any form of vehicle, which part is larger than eighteen (18)
inches in any dimension.
j)
"Park" means to stand a vehicle whether occupied or not.
k) "Stand" as applied to a vehicle, whether occupied or not, means to cause the vehicle to
remain motionless in one place and "standing" has a corresponding meaning.
l)
"Store" means to keep or allow to be kept.
ix) Application
This By-Law applies to owners, tenants, and occupiers of property within the Local Urban Districts of
Holland and Cypress River.
x) Storage of Derelict Vehicles
No person is allowed to store a Derelict Vehicle upon property which said property is being leased.
xi) Enforcement
The Designated Officer is authorized to enter upon any property within the Local Urban Districts of
Holland and Cypress River for the purposes of determining compliance with this By-Law and may:
a) enter upon the land at any time and carry out an inspection to determine compliance with
this By-Law;
b) request that anything be produced to assist with such inspection; and,
c) make copies of anything related to such inspection.
xii) Removal and Disposal of Derelict Vehicle
a) If a person breaches the terms of this By-Law in any respect the Designated Officer may
forward to the Occupant of the land upon which the Derelict Vehicle is stored, an Order in the
form attached hereto and marked as Schedule "A". Such Order shall be forwarded in either
of the following methods:
i)
Personal service;
ii) Prepaid registered mail addressed to the last known address as shown on the most
recent Assessment Roll of the Rural Municipality of Victoria.
b) From the date of the receipt of the Order the Occupant has fourteen (14) days to appeal in
writing such Order to the Council;
c) Upon the Designated Officer forwarding an Order as set forth in (a) above and the Occupant
not appealing such Order or the Council upholding the appeal of such Order, and fourteen
(14) days have expired from the date of service of the Order and the Occupant of the
property has not remedied the breach of the By-Law, the Designated Officer, or a person
designated by him/her, may enter upon the property on which the Derelict Vehicle is being
stored and remove the Derelict Vehicle. The Derelict Vehicle shall be removed to a location
designated by the Designated Officer, and the Designated Officer shall leave a notice upon
the property indicating the Derelict Vehicle has been removed and such notice shall be in the
form attached hereto and marked as Schedule "B".
d) The Occupant of the Property shall be deemed to have committed an offence immediately
upon the Derelict Vehicle being removed.
xiii)
Penalties
A person who commits an offence under this By-Law, such as neglecting, omitting, failing or refusing
to comply with any provision of this By-Law is guilty of an offence and is subject to a penalty of fifty
dollars ($50.00) for each offence. In addition to any fines imposed, the Rural Municipality of Victoria
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; and,
b) $20.00 per day for impoundment and storage; and,
c) $150.00 for the destruction and disposal of the vehicle.
xiv)
Added to the Property Tax Roll
Any penalties, costs of removal, costs of storage, and/or costs of disposal, are debts owed by the
Occupant to the Rural Municipality of Victoria and same may be collected in any manner in which a
tax or debt owed to the municipality may be collected or enforced under The Municipal Act.
By-Law No. 1330/2010 - Derelict Vehicle By-Law
Page 3
xv) Application of Proceeds of Sale or Disposal
Any proceeds of the sale or disposal of a Derelict Vehicle shall be applied firstly to any penalties, the
costs of removal, the costs of storage, and the costs of disposal, and any excess proceeds shall be
paid to the Occupant. If the proceeds of the sale or disposal are less than the amount necessary to
pay the penalties, the costs of removal, and the costs of storage, the amount remaining outstanding
continues to be a debt owed by the Occupant to the Rural Municipality of Victoria and may be
collected in any manner as referred to in Section numbered 7 hereof.
xvi)
Repeal
THAT By-Law No: 1006/86 be and is hereby repealed.
xvii)
Effective
THAT this by-law shall come into force and take full effect on the day following its passage.
DONE AND PASSED by the Council of the Rural Municipality of Victoria, in Council duly assembled this
11th day of August A.D., 2010.
Rural Municipality of Victoria
Reeve
Chief Administrative Officer
Read a first time this
9th
day of
June
A.D.
2010.
Read a second time this
14th
day of
July
A.D.
2010.
Read a third time this
11th
day of
August
A.D.
2010.
By-Law No. 1330/2010 - Derelict Vehicle By-Law
Page 4
SCHEDULE "A" TO BY-LAW NO: 1330/2010
DERELICT VEHICLE ORDER
CONTRAVENTION ORDER FOR STORAGE OF DERELICT VEHICLES
THE COUNCIL OF THE RURAL MUNICIPALITY OF VICTORIA HEREBY NOTIFY AND ADVISE THAT THE
FOLLOWING DESCRIBED VEHICLE IS BEING STORED ON THE FOLLOWING DESCRIBED PROPERTY IN
CONTRAVENTION OF BY-LAW NO: 1330/2010.
Description of Vehicle:
______________________________
______________________________
Legal Description and Civic Address of Property upon which the Vehicle is being stored:
Legal Description:
______________________________
Civic Address:
______________________________
This By-Law defines a "Derelict Vehicle" as any vehicle which does not fall under the heading
"Definitions" 1 a) on page 1 of this By-Law.
This By-Law defines a "Vehicle" under the heading "Definitions" 1 i) on page 2 of this By-
Law.
No person shall store a derelict vehicle upon their property or the property of others.
The Council of the Rural Municipality of Victoria hereby provides notice that if the above described
Derelict Vehicle is not removed or otherwise brought into compliance with this By-Law within fourteen
(14) days of the receipt of this Order, the Rural Municipality of Victoria shall remove said Derelict Vehicle
and you will be subject to such penalty as set forth in this By-Law as well as all costs incurred to the Rural
Municipality of Victoria in the removal and storage of said Derelict Vehicle.
If the subject Derelict Vehicle is removed by the Rural Municipality of Victoria, the Derelict Vehicle shall be
stored for a period of ten (10) days. If you do not claim said Derelict Vehicle within this ten (10) day
period and pay all penalties and costs owed to the Rural Municipality of Victoria, the Municipality shall be
at liberty to dispose of said Derelict Vehicle and to apply any proceeds from the disposal of the Derelict
Vehicle to the penalties and costs owed to the Municipality.
If you wish to appeal this Order, you may do so in writing. You must make such written appeal and
deliver it to the Rural Municipality of Victoria in Holland within fourteen (14) days of the receipt of this
order at the following address:
The Rural Municipality of Victoria
130 Broadway Street
P.O. Box 40
Holland, MB
R0G 0X0
Signed and issued on behalf of the Rural Municipality of Victoria this __ day of _________ A.D. _____ .
Designated Office
By-Law No. 1330/2010 - Derelict Vehicle By-Law
Page 5
SCHEDULE "B" TO BY-LAW NO: 1330/2010
REMOVAL OF DERELICT VEHICLE NOTICE
Pursuant to Section 5.c) of this By-Law the following described Derelict Vehicle has been seized and
removed by the Rural Municipality of Victoria for contravention of this By-Law.
Description of Vehicle:
_______________________________________________
The Derelict Vehicle is stored at:
Company Name:
___________________________________________________
Civic Address:
___________________________________________________
Legal Description:
___________________________________________________
The Derelict Vehicle shall be stored for a period of ten (10) days by the Rural Municipality of Victoria. If
you wish to claim the vehicle you may do so by paying to the Rural Municipality of Victoria the following
penalties and costs PRIOR to being permitted to remove the vehicle from storage:
Penalty:
$______________________
Removal Costs:
$______________________
Storage Costs:
$______________________
If you do not claim said Derelict Vehicle within this ten (10) day period and pay all penalties and costs
owed to the Municipality, the Rural Municipality of Victoria shall be at liberty to dispose of said Derelict
Vehicle and to apply any proceeds from the disposal of the Derelict Vehicle to the penalties and costs
owed to the Municipality.
Signed and issued on behalf of the Rural Municipality of Victoria this _________ day of
___________ A.D. __________.
Designated Office