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## RURAL MUNICPALITY OF YELLOWHEAD BY-LAW 9-2022
| Being a by-law to maintain property and to regulate WHEREAS The Municipal Act reads in part as follows: | Being a by-law to maintain property and to regulate WHEREAS The Municipal Act reads in part as follows: |
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| 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; |
| | (0) 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... |
| | (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 |
| | (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 weeds, odours, unsightly property, fumes and vibrations. |
| 236(1) | Without limiting the generality of clause 232(1)(o) (enforcement of bylaws), 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, (il) 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, (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. |
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| 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 |
| 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 (i) 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 |
| 243(2) | demolish the structure and level the site. The order may (a) state a time within which the person must comply with the order; |
| | (b) state that if the person does not comply with the order within the pecified time, the municipality will take the action or measure he expense of the person |
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 Yellowhead;
NOW THEREFORE the Council of the Rural Municipality of Yellowhead, in Council assembled, enact the following policies and procedures which shall govern the inspection, remedy, enforcement or action respecting unsightly and/or unsafe property and/or structures or those which may cause a nuisance in the Rural Municipality of Yellowhead.
## 1. Definitions
- a) "council" means the council duly elected in the Municipality.
- b) "derelict or abandoned building" means a dilapidated building that has been abandoned by the owner; structure or building that is in gross neglect, structurally unsafe and has not been maintained to accommodate occupancy.
- c) "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.
- d) "interested person" means the owner, occupier or mortgagee of property which is the subject of an order made under the authority of this by-law.
- e) "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.
- f) "Municipality" means the Rural Municipality of Yellowhead.
- g) "nuisance" means any condition, which is or may become injurious or prejudicial to health or hinder the suppression of disease, or which is offensive and may include such activities or things that are or could become a nuisance, which may include noise, weeds, odours, unsightly property, fumes and vibrations.
- h) "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.
- i) "owner" in the case of any property means the registered owner of the property according to the current assessment records of the Municipality.
- c) "person" means an individual, firm, partnership or corporation and where the context requires shall include the plural as well as the singular.
- d) "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.
4
- e) "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.
- f) "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.
- g) "unsanitary condition" means a condition or circumstance that:
- i) is offensive; or
- il) is, or may be, or might become injurious to health; or
- ili) prevents or hinders the suppression of disease; or
- iv) contaminate or pollutes, or may contaminate or pollute food, air or water; or
- V) might render food, air or water injurious to the health of any person, and includes nuisance and any circumstance or condition declared to be an unsanitary condition under this by-law.
- h) "unsightly property" means a property which in the opinion of the designated officer is detrimental to the surrounding area, including but not limited to; the placement or erection of signs, banners, flags or similar or other such items in a haphazard manner or in such numbers in, on, or of grass or weeds to a length and condition that poses a fire hazard, or, the growth of weeds so that same become a nuisance to adjoining properties.
- i) "vacant" means a building that is not being used or occupied for a prolonged period.
## 2. Application
This by-law applies to all property and to all owners and occupiers of property within the Municipality.
## 3. Standards
- (a) Accumulation of rubbish;
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:
- (b) unsafe structure(s);
- (d) the storage of household appliances, whether or not the same are capable of operation;
- (c) unsightly property;
- (e) the growth of weeds as defined in The Noxious Weeds Act so that the same become a nuisance to adjoining properties;
- (g) regular outdoor burning, the smoke of which causes a nuisance to adjoining properties.
- (f) the growth of grass to a length which in the opinion of the designated officer is unsightly; or poses a fire hazard;
- (h) excavation of holes that are not secured and may pose danger;
- of wire or boards, patches of peeling paint, or overall poor condition;
- (i) poorly maintained fences (having leaning or rotten posts, fallen stretches
- (i) signs which are not constructed or designed professionally, or, with good workmanship, penmanship, or artistry, and may also include signs which may have letters missing or faded or are poorly maintained.
## Trees and Shrubs
No owner or occupier of property shall allow any part of a tree, shrub or sapling growing thereon to extend over or upon any street or sidewalk or land or interfere with, impeded or endanger persons using such street or sidewalk or lane or vehicle and maintenance equipment travelling or using lanes. When deemed necessary for the convenient and safe use of a street, sidewalk, land or to remove a hazard, the Designated Officer after fiving notice, may cause any tree, sapling or shrub growing or planted on any land adjoining the street or sidewalk, right-of-way or back lane and encroaching thereon, or ay tree which has become a hazard which is located on any property, to be trimmed by the Municipality and the cost thereof shall be charged to the owner of the property.
## Litter on Public Property
- a) no person shall sweep, dump or otherwise deposit litter into any gutter, boulevard, street or other public place.
- b) Persons owning or occupying property shall keep the sidewalk and boulevard in front of and flanking, and the lane at the rear of their property, free of litter.
## Buildings and Occupancy Standards
## a) Drainage
No roof drainage or surface drainage shall be discharged on neighboring property.
## b) Pest Prevention
Every building, structure or chattel located on property shall be maintained free of rodents, and vermin at all times.
- i) No structure or the lot upon which it is situated shall be used as a place for storage, keeping or handling of any article dangerous or detrimental to life or health an any person or animals, or that may cause a fire.
## c) Unsanitary and Hazardous Conditions
## Unsightly Conditions
No person shall litter a property to the extent that the property is unsightly and needs to be cleaned up.
## 4. General Duties and Obligations
- a) The owner of every building, occupied or vacant shall:
2. ii) Ensure that the building is secure from unauthorized entry by having he building conventionally secured or boarded; or
- i) Repair and maintain the building in accordance with the Standards;
4. ili) demolish the whole or the offending part thereof that is not in accordance with the standards.
- b) Where a Designated Officer has placed or caused to be placed, a copy of an Order upon any premises under the authority of this by-law, no person shall remove such copy of the Order except with the consent of the Designated Officer.
- c) All repairs to a building shall be made in a manner accepted as good workmanship in the trade concerned and with materials suitable and sufficient for the purpose and in compliance with the Manitoba Building Code.
- d) The Designated Officer may condemn, close up and prevent the occupancy of any dwelling found by him/her or a health officer to be in an unsanitary and/or unsafe condition.
- e) Where the owner of any dwelling fails to make the dwelling conform to Standards or fails to demolish all or any part of a dwelling as direct by the Designated Officer, the Municipality may make the dwelling conform or may demolish all or any part of the dwelling and the costs may be collected in the same manner that a tax may be collected or enforced under The Municipal Act;
## 5. Complaint
Any person may allege a violation of this by-law by filing a written complaint with the designated officer in such form and with such particulars as the designated officer may from time to time require.
## 6. Inspections
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.
## 7. Warnings and Orders
Where inspections reveal a violation of any provision of this by-law, the designated officer:
- (a) may in his or her discretion give written notice of the contravention to the owner and occupier of the property by regular mail substantially in the form attached as Schedule A.
- (b) if the contravention continues following the warning notice, if any, provided under subsection 7(a) above, or if in his or her discretion no such warning notice is provided, the designated officer shall issue a written order which
- (i) specify the time within which compliance shall be required; f) advise that should compliance not be affected within the specified time, the Municipality may undertake the remediation at the expense of the owner of the property and that such expense may be collected in the same manner that a tax may be collected or enforced under The Municipal Act;
- g) advise of the process of appeal;
- h) be substantially in the form attached as Schedule B;
## 8. Appeals
Any interested person may appeal an order made by the designated officer by filing with the Chief Administrative Officer of the Municipality at any time before the time for compliance with such order an objection substantially in the form attached as Schedule "C".
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 section 10 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:
- (a) confirm the order of the designated officer;
- (c) set aside the order of the designated officer.
- (b) vary the order of the designated officer in any respect; or
## 9. Service of Notices or Orders
Any order issued by the designated officer under subsection 7(b) and a notice of hearing issued under section 8 hereof of this by-law shall be served by personal service or by registered mail upon:
- (a) the owner;
- (b) the occupier, if any; and
- (c) in respect to any order alleging a violation of subsection 3(b) (unsafe structures), the mortgagee, if any;
of the property effected by order.
Service made personally shall be deemed to have been made on the date of such service and service made by registered mail shall be deemed to have been made 3 days after posting. In the case of service upon an occupier, the address for mailing shall be the address of the property. In the case of an owner, the address for mailing shall be as shown on the current assessment records of the Municipality. In the case of a mortgagee, the address for mailing shall be as shown according to the records of the Land Titles Office for the area within which the property is situated.
## 10. 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 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, 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 offence or offences, is likewise guilty of the offence and is liable on summary conviction, to the penalties for which provision is made in section 13 above. 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.
That the Rural Municipality of Yellowhead By-law 6-2020 be hereby repealed.
Bonay of Nave ir, 22l assembled at Shoat Lake in the Province of tylantoba this
Mayor, Mervin Starzyk.
CAO. Nadine Gapka Lodia dada
Read the first time this 25th day of October, 2022. Read a second time this 8th day of November, 2022. Read a third time this 8th day of November, 2022.
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## SCHEDULE "A"
Date:
(name and address)
File:
Dear Sir/Madam:
Re: Rural Municipality of Yellowhead Unsightly/Unsafe Property By-Law
Acting upon a written complaint, the designated officer had cause to inspect your property at in the Rural Municipality of Yellowhead.
civic and legal address
Upon inspection of the property, it is apparent that a violation exists in accordance with Rural Municipality of Yellowhead By-law No 6-2020.due to
Therefore, the Municipality requests that you rectify the situation by
on or before
In accordance with Section 239(1) of the Municipal Act, I or a designated officer will enter onto the property at to conduct a second inspection. If there has been no compliance with this notice, an Order may be issued authorizing the Municipality to take actions or measures necessary to bring the property into compliance with By-law No.6-2020 and the costs of such actions or measures 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.
Your cooperation and assistance in this matter is appreciated.
If you have any questions, please contact the writer at
Sincerely,
designated officer
..
## SCHEDULE "B"
Date:
(name and address)
File:
Re: Unsightly/Unsafe Property at (Civic and Legal Address) [Further to my letter of, I this is to advise you that an [a second] (date) inspection of your property at (civic and Legal Address) Conducted on (inspection date)
found that it is [continues to be] in violation of the Municipality of the Rural Municipality of Yellowhead Unsightly Property By-Law No. 6-2020.
Specifically, your property contains on your property which to date has not been removed
Under the authority of Section 242 (1) of The Municipal Act, you are hereby ordered to \_on or before \_ In the event that you do not (Describe Order/Remedy) (date) comply with this order, please note that section 12 of the By-law provides as follows:
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 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
You may appeal this order in writing by filing with the Chief Administrative Officer of the Municipality at any time before the time for compliance with such order has elapsed an objection substantially in the form attached to the By-law as Schedule "C".
I trust you will govern yourself accordingly.
Sincerely,
designated officer
## SCHEDULE "C"
Unsightly Property By-Law No. 6-2020 of the Rural Municipality of Yellowhead
IN THE MATTER of the Unsightly Property By-Law No. 6-2020 of Rural Municipality of Yellowhead
## NOTICE OF OBJECTION
To: Rural Municipality of Yellowhead
PLEASE TAKE NOTICE that the undersigned Appellant hereby appeals to the Council of the Rural Municipality of Yellowhead from the Örder to. made by on the \_day of , 20 (name and title) respecting the premises known as Dated at \_ Manitoba, this day of \_ 20:
Signature of Appellant (Print Name)
Address