Unsightly Premises and Dangerous Buildings By-law No. S-1 — full text

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## DISTRICT OF CARLETON NORTH A BY LAW RESPECTING UNSIGHTLY PREMISES AND DANGEROUS BUILDINGS AND STRUCTURES WITHIN THE DISTRICT OF CARLETON NORTH BY-LAW NO. S-1 A BY-LAW OF THE MUNICIPALITY OF THE DISTRICT OF CARLETON NORTH RESPECTING UNSIGHTLY PREMISES AND DANGEROUS BUILDINGS AND STRUCTURES WITHIN THE DISTRICT OF CARLETON NORTH PURSUANT TO SECTION 128 OF THE LOCAL GOVERNANCE ACT OF NEW BRUNSWICK. The Council of the Municipality of the District of Carleton North under authority vested in it by Part 7, Section 84 of the Local Governance Act, RSNB 2017, c. 18 enacts the following by-law: ## RECITALS WHEREAS, Council considers that unsightly premises, dangerous, vacant and unoccupied buildings or structures are a major blight affecting the quality of life in residential and non-residential neighbourhoods, and that these conditions can negatively impact the property value of real estate due to negative perceptions of unsafe and deteriorating residential and non-residential neighbourhoods; AND WHEREAS, buildings or structures that become vacant or unoccupied, dilapidated or unsound due to their structural strength, can become a hazard to the safety of the public; AND WHEREAS, paragraph 10(1)(d) of the Local Governance Act, RSNB 2017, c. 18, provides that a local government may make by-laws for municipal purposes respecting dangerous or unsightly premises and property; AND WHEREAS, subsection 128(2) of the Local Governance Act provides that a bylaw made under paragraph 10(1)(d) shall contain only the provisions set out in sections 130 to 143 of this Act, with the necessary modifications. AND WHEREAS, notice of this by-law and of the Council meeting at which this by-law was discussed, was provided in accordance with the provisions of the Local Governance NOW THEREFORE, the Council of the District of Carleton North, enacts as follows: ## 1.0 Title - 1.1 This by-law may be cited as the District of Carleton North Unsightly Premises and Dangerous Buildings and Structures By-law (hereinafter the "By-law"). ## 2.0 Definitions - 2.1. The following definitions apply in this By-law. "by-law enforcement officer" means a by-law enforcement officer, inspection officer or standards officer appointed under subsection 4 of this By-law and designated by resolution of Council; "Council" means the elected municipal council of the Town; "dwelling" means a building, any part of which is used or is intended to be used for the purposes of human habitation; "dwelling unit" means one or more rooms located within a dwelling and used or intended to be used for human habitation; "emergency" includes a situation in which there is imminent danger to public safety or of serious harm to premises or to a building or other structure; I.d. israin fire mails eire office edableted ated thies c, s 1981, c. L-1.I; "posei means or person of preories, diparime die ling suri or har stronership. "premises" means land with all its appurtenances and structures thereon; "regulation" means the New Brunswick Regulation 2007-22 under the Municipalities Act (O.C. 2007-111) and includes any successor regulation enacted under the Local Governance Act; "structure" means any construction composed of one or more parts or members, joined together in some definite manner; and "Town" means the Town of the District of Carleton North. ## 3.0 Interpretation - 3.1 Rules for interpretation of the language used in this By-law are contained in the lettered paragraphs as follows: - (a) The captions, article and section names and numbers appearing in this By-law are for convenience of reference only and have no effect on its interpretation. - (b) This By-law is to be read with all changes of gender or number required by the context. - (c) Each reference to legislation in this By-law is printed in the Italic font. The reference is intended to include all applicable amendments to the legislation, including successor legislation. Where this By-law references other by-laws of the Town, the term is intended to include all applicable amendments to those by-laws, including successor by-laws. - (d) The requirements of this By-law are in addition to any requirements contained in any other applicable by-laws of the Town or applicable provincial or federal statutes or regulations. - (e) If any section, subsection, part or parts or provision of this By-law, is for any reason declared by a court or tribunal of competent jurisdiction to be invalid, the ruling shall not affect the validity of the By-law as a whole, nor any other part of it. ## 4.0 Appointment of By-law Enforcement Officers - 4.1 Council may, for the purposes of the administration and enforcement of this Bylaw, appoint By-law Enforcement Officers who may exercise such powers and perform such duties as may be set out in this By-law or in the Local Governance ## 5.0 Inspections - 5.1 A By-law Enforcement Officer appointed under subsection 4.1 of this By-law may carry out any inspection that is necessary for the administration or enforcement of this By-law pursuant to section 144(2) of the Local Governance - 5.2 In accordance with s. 144(8) of the Local Governance Act, when entering any dwelling, dwelling unit, land, building or other structure under this section a bylaw enforcement officer may be accompanied by a person who has special ol expert knowledge in relation to the subject matter of the inspection ## 6.0 Offences and Penalties relating to Dangerous or Unsightly Premises - 6.1 No person shall permit premises owned or occupied by him or her to be unsightly by permitting to remain on any part of the premises: - (a) Any ashes, junk, rubbish or refuse, - (b) An accumulation of wood shavings, paper, sawdust or other residue of production or construction, - (c) A derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or machinery, or - (d) A dilapidated building. - 6.2 No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of being vacant of unoccupied. - 6.3 No person shall permit a building or other structure owned or occupied by the person to become a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength. - 6.4 A person who violates or fails to comply with subsection 6.2 or 6.3 commits an offence that is, subject to subsections 6.5 and 6.6, punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. - 6.5 Despite subsection 56(6) of the Provincial Offences Procedure Act, if a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection 6.4 in relation to the dwelling or dwelling unit, the minimum ine that may be imposed by a judge under that Act in respect of the offence shal be $1,000. - 6.6 If an offence under subsection 6.4 continues for more than one day, - (a) if the offence was committed in relation to a dwelling or dwelling unit by a person who is leasing the dwelling or dwelling unit to another person, - (i) the minimum fine that may be imposed is the sum of - (A) $1,000, and - (B) the minimum fine set by the Provincial Offences Procedure 1ct for a category F offence multiplied by the number of days luring which the offence continues after the first day, anc - (ii) he maximum fine that may be imposed is the maximum fine set by th Provincial Offences Procedure Act for a category F offence multiplier by the number of days during which the offence continues, and - (b) in any other case, - (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and - (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. ## 7.0 Notice to Owner or Occupier - 7.1 If a condition referred to in subsection 6.1, 6.2 or 6.3 exists, a by-law enforcement officer may notify - (a) the owner or occupier of the premises, building or other structure, - (b) the person managing or receiving the rent for the premises, building or other structure, whether on the person's own account or as agent or trustee of any other person, or - (c) the person who would receive the rent if the premises, building or other structure were let. - 7.2 A notice referred to in subsection 7.1 shall be in the form prescribed by regulation, which shall - (a) be in writing, - (b) be signed by the by-law enforcement officer, - (c) state the condition in 6.1, 6.2 or 6.3 that exists, - (d) state the date before which the condition must be corrected, and - (e) if an appeal may be brought under subsection 9.1, state the date for giving notice of the appeal. - 7.3 A notice referred to in subsection 7.1 may be given in the following ways: - (a) if the person to be notified is an individual, - (i) by personal delivery to the individual, - (ii) by registered mail to the individual's latest known address, or - (iii) by posting the notice in a conspicuous place on the premises, building or other structure, and - (b) if the person to be notified is a corporation, - (i) by personal delivery to an officer, director or agent of the corporation or to a manager or person who appears to be in control of any office or other place of business in the Province where the corporation carries on business, - (ii) by registered mail to the corporation's registered office, or - (iii) by posting the notice in a conspicuous place on the premises, building or other structure. - 7.4 A notice that is posted in a conspicuous place under subparagraph 7.3(a)(iii) or 7.3(b)(iii) shall be deemed to have been given to an individual or corporation on the day it was posted. - 7.5 A notice given to a person referred to in paragraph 7.3(b) or (c) shall be deemed to have been given to the owner of the premises, building or other structure. - 8.0 Evidence - 8.1 Proof of giving notice in a manner provided for in subsection 7.3 may be made by a certificate or an affidavit purporting to be signed by the by-law enforcement officer referred to in subsection 7.1 naming the person named in the notice and specifying the time, place and manner in which notice was given. - 8.2 A document purporting to be a certificate under subsection 8.1 shall be - (a) admissible in evidence without proof of signature, and - (b) conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate. - 8.3 In a prosecution for violation of this By-law in which proof of the giving of the notice is made in accordance with subsection 8.1, the onus is on the accused to prove that the accused is not the person named in the certificate or affidavit. - 8.4 A notice given under subsection 7.1 and purporting to be signed by a by-law enforcement officer shall be - (a) received in evidence by any court in the Province without proof of the signature, - (b) proof, in the absence of evidence to the contrary, of the facts stated in the notice, and - (c) in a prosecution for a violation of this By-law, proof, in the absence of evidence to the contrary, that the person named in the notice is the owner or occupier of the premises, building or other structure in respect of which the notice was given. ## 9.0 Appeal - 9.1 An owner or occupier of premises or a building or other structure who has been given a notice under subsection 7.0, other than a notice prepared and signed under subsection 14.1, and who is not satisfied with the terms or conditions set out in he notice may appeal to the Appeal Committee designated by Council by sending a notice of appeal by registered mail to the clerk of the Town within 14 days after having been given the notice. - 9.2 A notice that is not appealed within the time referred to in subsection 9.1 shall be deemed to be confirmed and is final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice. - 9.3 On an appeal, the Appeal Committee shall hold a hearing into the matter at which the owner or occupier bringing the appeal has the right to be heard and may be represented by counsel. - 9.4 On an appeal with respect to a notice under subsection 7 arising out of a condition referred to in subsection 9.2, the onus is on the Town to prove that the building or structure has become a hazard to the safety of the public by reason of being vacant or unoccupied - 9.5 On an appeal, the Appeal Committee may confirm, modify or rescind the notice or extend the time for complying with the notice. - 9.6 The Appeal Committee shall provide a copy of its decision to the owner or occupier who brought the appeal within 14 days after making its decision. - 9.7 If a notice that is confirmed or modified by a decision of Appeal Committee under subsection 9.5 is not appealed within the time referred to in subsection 9.8, it shall be final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice. - 9.8 The owner or occupier who is provided with a copy of a decision under ubsection 9.6 may appeal the decision to a judge of The Court of King's Benc f New Brunswick within 14 days after the copy of the decision was provided t the owner or occupier on the grounds that: - (a) the procedure required to be followed by this By-law was not followed, or - (b) the decision is unreasonable. - 9.9 On an appeal, the judge of The Court of King's Bench of New Brunswick may confirm, modify or rescind the whole or in any part of the decision of the Appeal Committee, and the decision of the judge under this subsection is not subject to appeal. - 9.10 A notice that is confirmed or modified by a judge of The Court of King's Bench of New Brunswick under subsection 9 shall be final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice. - 9.11 in the condition. ## 10.0 Registering a Notice - 10.1 A notice given under subsection 7 may be registered in the appropriate land - 10.2 Section 44 of the Registry Act and section 55 of the Land Titles Act do not apply to a registration under subsection 10.1. - 10.3 Within 30 days after the terms of a notice have been complied with or a debt due to the Town under subsection 12.3 or 14.4 or due to the Minister of Finance under subsection 18.3, as the case may be, is discharged, the Town shall provide a certificate in the form prescribed by regulation to that effect to the person to whom the notice was given under subsection 7 or was deemed to have been given under subsection 7.1, as the case may be, and the certificate shall operate as a - 10.4 A person to whom a certificate is provided under subsection 10.3 may register the ## 11.0 Offence and Penalty for Failure to Comply with a Notice - 11.1 A person who fails to comply with the terms of a notice given under subsection 7.0 commits an offence that is, subject to subsections 11.2 and 11.3, punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. - 11.2 Despite subsection 56(6) of the Provincial Offences Procedure Act, if a person ho is leasing a dwelling or dwelling unit to another person commits an offenc nder subsection 11.1 in relation to a notice given under subsection 7 with respec to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence is $1,000. - 11.3 If an offence under subsection 11.1 continues for more than one day, - (a) if the offence was committed by a person in relation to a notice given under subsection 7 with respect to a dwelling or dwelling unit the person is leasing to another person, - (i) the minimum fine that may be imposed is the sum of - (A) $1,000, and - (B) the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and - (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and - (b) in any other case, - (i) the minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and - (ii) the maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. - 11.4 The conviction of a person under this section does not operate as a bar to further prosecution for the continued neglect or failure on the person's part to comply with the provision of this By-law. ## 12.0 Power to Clean, Repair or Demolish - If an owner or occupier does not comply with a final and binding notice given commenting proceding in respect of the violin or the dion to doing so han - (a) cause the premises of that owner or occupier to be cleaned up or repaired if the notice arises out of a condition contrary to subsection 6.1, - (b) cause the building or other structure of that owner or occupier to be repaired or demolished if the notice arises out of a condition contrary to subsection 6.2, ог - (c) cause the building or other structure of that owner or occupier to be demolished if the notice arises out of a condition contrary to subsection 6.3. - 12.2 Subsection 12.1 does not apply in respect of a notice prepared and signed under subsection 14.1. - 12.3 The costs of carrying out any work set out in subsection 12.l, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the Town. - 12.4 For the purpose of subsection 12.1, the by-law enforcement officer who gave the notice in respect of the premises, building or other structure and the authorized employees of the Town or other persons acting on behalf of the Town may, at all reasonable times, enter the premises, building or other structure in order to clean up or repair the premises or repair or demolish the building or other structure, as the case may be. - 12.5 The Town or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the Town in the reasonable exercise of its powers under this section. ## 13.0 Report Required Before Demolition - 13.1 The Town shall not proceed to act under paragraph 12.l(c) unless it has a report from an architect, an engineer, a building inspector or the fire marshal that the building or structure is dilapidated or structurally unsound and that report is proo in the absence of evidence to the contrary that the building or structure i ## 14.0 Emergency - 14.1 If, on inspection of a property under section 144 of the Local Governance Act, the by-law enforcement officer referred to in that section is satisfied that there is nonconformity with the provisions of this By-law to such an extent as to pose an emergency, the by-law entorcement officer may prepare and sign a notice referred to in section 7 requiring the owner or occupier of the premises, building or other structure in respect of which the notice is prepared to immediately carry out work to terminate the danger. - 14.2 After having prepared and signed a notice referred to in subsection 14.1, the bylaw enforcement officer may either before or after the notice is given, take any measures necessary to terminate the danger giving rise to the emergency, and, for this purpose, the by-law enforcement officer who prepared the notice and the authorized employees of the Town or other persons acting on behalf of the Town may, at any time, enter the premises, building or other structure in respect of which the notice was prepared. - 14.3 The Town or a person acting on its behalf is not liable to compensate an owner or occupier or any other person by reason of anything done by or on behalf of the Town in the reasonable exercise of its powers under this section. - 14.4 The cost of taking measures under subsection 14.2, including any associated charge or fee, is chargeable to the owner or occupier and becomes a debt due to the Town. - 14.5 If the notice referred to in subsection 14.1 was not given before measures were taken under subsection 14.2 to terminate the danger, the by-law enforcement officer shall give a copy of the notice as soon as the circumstances permit after the measures have been taken, and the copy of the notice shall have attached to it a statement by the by-law enforcement officer describing the measures taken by the Town and providing details of the amount spent in taking the measures. - 14.6 If the notice referred to in subsection 14.1 was given before the measures were taken under subsection 14.2, the by-law enforcement officer shall give a copy of he statement referred to in subsection 14.5 in the same manner as a notice 1: given under subsection 7.3 as soon as the circumstances permit after the measure: have been taken. ## 15.0 Offence and Penalty for Obstruction - 15.1 No person shall refuse entry to or obstruct or interfere with a by-law enforcement fficer, an authorized employee or other person referred to in subsection 12.4 c 1.2 who under the authority of that subsection is entering or attempting to ent premises or a building or other structure. - 15.2 A person who violates or fails to comply with subsection 15.1 commits an offence that is, subject to subjections 15.3 and 15.4, punishable under Part 2 of the Provincial Offences Procedure Act as a category F offence. - Despite subsection 56.6 of the Provincial Offences Procedure Act, if a person who is leasing a dwelling or dwelling unit to another person commits an offence under subsection 15.3 in relation to the dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of the offence is $1,000. - 15.4 If an offence under subsection 15.2 continues for more than one day, - (a) if the offence was committed by a person in relation to a dwelling or dwelling unit the person is leasing to another person, - (i) the minimum fine that may be imposed is the sum of - (A) $1,000, and - (B) The minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues after the first day, and - (ii) The maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and - (b) In any other case, - (i) The minimum fine that may be imposed is the minimum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues, and - The maximum fine that may be imposed is the maximum fine set by the Provincial Offences Procedure Act for a category F offence multiplied by the number of days during which the offence continues. ## 16.0 Recovery of the Town's Costs - Filing of Certificate - 16.1 If the cost of carrying out work or the cost of taking measures becomes a debt due to the Town under subsection 12.3 or 14.4, an officer of the Town may issue a ocrificate om ingo the andert of the debe due and the name of the owner or - 16.2 A certificate issued under subsection 16.1 may be filed in The Court of King's ench of New Brunswick and the filed certificate shall be entered and recorded i he Court and may then be enforced as a iudeement obtained in the Court by th Town against the person named in the certificate for a debt in the amount specified in the certificate. - 16.3 All reasonable costs and charges associated with filing, entering and recording a certificate under subsection 16.2 may be recovered as if the amount had been included in the certificate. ## Lien 17.0 - 17.1 Despite subsection 72(2) of the Workers' Compensation Act, R.S.N.B. 1973, c. W-13, the cost of carrying out work under subsection 12.1 or of taking measures under subsection 14.2, as the case may be, and all reasonable costs and charges associated with filing, entering and recording a certificate under section 16 shall, until they are paid, form a lien on the real property in respect of which the work is other nut orche, are ere in precity to very aim die in of 117(9) of the Local Governance Act. - 17.2 The lien in subsection 17.1 - (a) attaches when the work under subsection 12.1 begins or the measures under subsection 14.2 begin, as the case may be, and does not require registering or filing any document or giving notice to any person to create or preserve it, and - (b) is not defeated by a change in the ownership of the real property. - 17.3 173 A mo ence rudgemen or or of the rei praeity to aim hi a len in o subsection 17.1 is attached - (a) may pay the amount of the lien, - (b) may add the amount to the person's mortgage, judgement or other security, and - (c) has the same rights and remedies for the amount that are contained in the person's security. ## 18.0 Debts Paid by the Minister of Finance - 18.1 If a debt due to the Town under subsection 12.3 or 14.4 remains unpaid in whole or in part and the Minister of Finance is of the opinion that the Town has made reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the Town requests the Minister to do so before December 31 in any year, pay to - (a) the unpaid amount of the debt; and - (b) interest on the unpaid amount of the debt - (i) calculated at the same rate that is applied in determining the amount of a penalty under subsection 10.3 of the Real Property Tax Act, and - accruing from the day the Town completes the work or measures in respect of which the debt arose to the day the Town makes a request under this subsection for payment in respect of the debt. - 18.2 The Town shall make a request under subsection 18.1 by submitting to the Minister of Finance a statement of the expenditures of the Town that gave rise to the debt. - 18.3 Subject to subsection 18.4, if a debt due to the Town under subsection 12.3 or 14.4 in relation to work carried out or measures taken with respect to premises or a building or other structure remains unpaid, in whole or in part, by the person liable to pay the debt and the Minister of Finance has made a payment under - (a) any part of the debt that remains unpaid by the person liable to pay the debt becomes a debt due to the Minister of Finance, and - (b) the Minister of Finance shall collect the following amounts from the owner of he premises, building or other structure in the same manner that taxes on rea property are collected under the Real Property Tax Aci - (i) any part of the debt under subsection 12.3 or 14.4 that remains unpaid by the person liable to pay the debt; and - (ii) interest on the unpaid part of the debt - (A) calculated at the same rate as is applied in determining the amount of a penalty under subsection 10.3 of the Real Property - (B) accruing from the day the Town completes the work or measures in respect of which the debt arose to the day the Town makes a request under subsection 18.1 for payment in respect of the debt. - 18.4 Subject to subsections 18.5 and 18.6, for the purposes of subsection 18.3, the following provisions of the Real Property Tax Act apply with the necessary modifications: - (a) section 7, - (b) section 10, except for subsection 10.2 - (c) section 11, - (d) section 12, - (e) sections 13 to 16, and - (f) sections 19 to 25. - 18.5 If the amounts referred to in paragraph 18.3(b) remain unpaid, those amounts and any penalty added to them under subsection 18.4 constitute a lien on the real property in respect of which the work was carried out or the measures were taken, and the lien ranks equally with a lien under subsection 11.1 of the Real Property Tax Act. - 18.6 If the real property is sold under any order of foreclosure, seizure and sale, execution or other legal process or a power of sale under a debenture or mortgage or under subsection 44(1) of the Property Act, R.S.N.B. 1973, c. P-19, the amount of a lien referred to in subsection 18.5 constitutes a charge on the proceeds that ranks equally with a charge under subsection 11(1) of the Real Property Tax Act. This by-law repeals all other by-laws addressing Unsightly Premises of the former local governments of Bath, Centreville and Florenceville-Bristol. IN WITNESS WHEREOF the District of Carleton North has caused the Corporate Common Seal of the said Town to be affixed to this By-law the 13th day of June, A.D. READ FIRST TIME: May 23. 2023 READ SECOND TIME: \_ June 13, 2023 READ THIRD TIME AND ENACTED THIS \_134 DAY OF \_ June \_, 2023.    thum CLERK MOF CARLET JANUARY 1 2023 *