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BY-LAW NO. A-9
A BY-LAW OF THE CENTRAL YORK RURAL COMMUNITY RESPECTING DANGEROUS OR UNSIGHTLY
PREMISES WITHIN THE MUNICIPAL BOUNDARIES OF CENTRAL YORK RURAL COMMUNITY
WHEREAS: Sections 130 to 143 of the Local Governance Act provides as follows:
130 The following definiƟons apply in the Part.
"dwelling" means a building, any part of which is used or is intended to be used for the purposes of
human habitaƟon. (habitaƟon)
"dwelling unit" means one or more rooms located within a dwelling and used or intended to be
used for human habitaƟon. (lodgement)
Offences and penalƟes relaƟng to dangerous or unsightly premises
131(1) No person shall permit premises owned or occupied by him or her to be unsightly by permiƫng to
remain on any part of the premises
(a) any ashes, junk, rubbish or refuse,
(b) an accumulaƟon of wood shavings, paper, sawdust or other residue of producƟon or
construcƟon,
(c) a derelict vehicle, equipment or machinery or the body or any part of a vehicle, equipment or
machinery, or
(d) a dilapidated building.
131(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 or unoccupied.
131(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 dilapidaƟon or unsoundness of structural strength.
131(4) A person who violates or fails to comply with subsecƟon (2) or (3) commits an offence that is,
subject to subsecƟons (5) and (6), punishable under Part 2 of the Provincial Offences Procedure Act as a
category F offence.
131(5) Despite subsecƟon 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 subsecƟon (4) in relaƟon to the
dwelling or dwelling unit, the minimum fine that may be imposed by a judge under that Act in respect of
the offence shall be $1,000.
131(6) If an offence under subsecƟon (4) conƟnues for more than one day,
(a) if the offence was commiƩed in relaƟon 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
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(A) $1,000, and
(B) the minimum fine set by the Provincial Offences Procedure Act for a category F
offence mulƟplied by the number of days during which the offence conƟnues aŌer
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 mulƟplied by the number of days during
which the offence conƟnues, 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 mulƟplied by the number of days
during which the offence conƟnues, 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 mulƟplied by the number of days
during which the offence conƟnues.
NoƟce to owner or occupier
132(1) If a condiƟon referred to in subsecƟon 131(1), (2) or (3) exists, a by-law enforcement officer may
noƟfy
(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.
132(2) A noƟce referred to in subsecƟon (1) shall be in the form prescribed by regulaƟon which shall
(a) be in wriƟng,
(b) be signed by the officer,
(c) state the condiƟon in subsecƟon 131(1), (2) or (3) that exists,
(d) state what must be done to correct the condiƟon,
(e) state the date before which the condiƟon must be corrected, and
(f) if an appeal may be brought under subsecƟon 134(1), state the date for giving noƟce of the
appeal.
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132(3) A noƟce referred to in subsecƟon (1) may be given in the following ways:
(a) if the person to be noƟfied is an individual,
(i)
by personal delivery to the individual,
(ii)
by registered mail to the individual's latest known address, or
(iii)
by posƟng the noƟce in a conspicuous place on the premises, building or other
structure, and
(b) if the person to be noƟfied is a corporaƟon,
(i)
by personal delivery to an officer, director or agent of the corporaƟon 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 corporaƟon carries on business,
(ii)
by registered mail to the corporaƟon's registered office, or
(iii)
by posƟng the noƟce in a conspicuous place on the premises, building or other
structure.
132(4) A noƟce that is posted in a conspicuous place under subparagraph (3)(a)(iii) or (b)(iii) shall be
deemed to have been given to an individual or corporaƟon on the day it was posted.
132(5) A noƟce given to a person referred to in paragraph (1)(b) or (c) shall be deemed to have been given
to the owner of the premises, building or other structure.
Evidence
133(1) Proof of giving a noƟce in a manner provided for in subsecƟon 132(3) may be made by a cerƟficate
or an affidavit purporƟng to be signed by the by-law enforcement officer referred to in subsecƟon 132(1)
naming the person named in the noƟce and specifying the Ɵme, place and manner in which noƟce was
given.
133(2) A document purporƟng to be a cerƟficate under subsecƟon (1) shall be
(a) admissible in evidence without proof of signature, and
(b) conclusive proof that the person named in the cerƟficate received noƟce of the maƩers
referred to in the cerƟficate.
133(3) In a prosecuƟon for a violaƟon of a by-law made under paragraph 10(1)(d) in which proof of the
giving of the noƟce is made in accordance with subsecƟon (1), the onus is on the accused to prove that
the accused is not the person named in the cerƟficate or affidavit.
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133(4) A noƟce given under secƟon 132 and purporƟng 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 noƟce, and
(c) in a prosecuƟon for a violaƟon of a by-law made under paragraph 10(1)(d), proof, in the
absence of evidence to the contrary, that the person named in the noƟce is the owner or
occupier of the premises, building or other structure in respect of which the noƟce was given.
Appeal
134(1) An owner or occupier of premises or a building or other structure who has been given a noƟce
under secƟon 132, other than a noƟce prepared and signed under subsecƟon 139(1), and who is not
saƟsfied with the terms or condiƟons set out in the noƟce may appeal to the appropriate commiƩee of
council by sending a noƟce of appeal by registered mail to the clerk of the local government within 14
days aŌer having been given the noƟce.
134(2) A noƟce that is not appealed within the Ɵme referred to in subsecƟon (1) shall be deemed to be
confirmed and is final and binding on the owner or occupier who shall comply within the Ɵme and in the
manner specified in the noƟce.
134(3) On an appeal, the commiƩee of council shall hold a hearing into the maƩer at which the owner or
occupier bringing the appeal has a right to be heard and may be represented by counsel.
134(4) On an appeal with respect to a noƟce under secƟon 132 arising out of a condiƟon referred to in
subsecƟon 131(2), the onus is on the local government to prove that the building or structure has become
a hazard to the safety of the public by reason of being vacant or unoccupied.
134(5) On an appeal, the commiƩee of council may confirm, modify or rescind the noƟce or extend the
Ɵme for complying with the noƟce.
134(6) The commiƩee of council shall provide a copy of its decision to the owner or occupier who brought
the appeal within 14 days aŌer making its decision.
134(7) If a noƟce that is confirmed or modified by a decision of the commiƩee of council under subsecƟon
(5) is not appealed within the Ɵme referred to in subsecƟon (8), it shall be final and binding on the owner
or occupier who shall comply within the Ɵme and in the manner specified in the noƟce.
134(8) The owner or occupier who is provided with a copy of a decision under subsecƟon (6) may appeal
the decision to a judge of The Court of King's Bench of New Brunswick within 14 days aŌer the copy of the
decision was provided to the owner or occupier on the grounds that
(a) the procedure required to be followed by this Act was not followed, or
(b) the decision is unreasonable.
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134(9) On an appeal, the judge of The Court of King's Bench of New Brunswick may confirm, modify or
rescind the whole or any part of the decision of the commiƩee of council, and the decision of the judge
under this subsecƟon is not subject to appeal.
134(10) A noƟce that is confirmed or modified by a judge of The Court of King's Bench of New Brunswick
under subsecƟon (9) shall be final and binding on the owner or occupier who shall comply within the Ɵme
and in the manner specified in the noƟce.
134(11) An appeal does not prevent a further noƟce from being given under secƟon 132 or from being
prepared and signed under subsecƟon 139(1) in relaƟon to a condiƟon referred to in the noƟce that is the
subject of the appeal, if there has been a change in the condiƟon.
Registering a noƟce
135(1) In this secƟon "land registraƟon office" means a registry office established under the Registry Act
or a land Ɵtles office established under the Land Titles Act.
135(2) A noƟce given under secƟon 132 may be registered in the appropriate land registraƟon office and,
on registraƟon, any subsequent owner of the premises, building or other structure in respect of which the
noƟce was given shall be deemed, for the purposes of secƟons 137 and 139, to have been given the noƟce
on the day on which the noƟce was given under secƟon 132.
135(3) SecƟon 44 of the Registry Act and secƟon 55 of the Land Titles Act do not apply to a registraƟon
under subsecƟon (2).
135(4) Within 30 days aŌer the terms of a noƟce have been complied with or a debt due to a local
government under subsecƟon 137(3) or 139(4) or due to the Minister of Finance and Treasury Board under
subsecƟon 143(3), as the case may be, is discharged, the local government shall provide a cerƟficate in
the form prescribed by regulaƟon to that effect to the person to whom the noƟce was given under secƟon
132 or was deemed to have been given under subsecƟon (2), as the case may be, and the cerƟficate shall
operate as a discharge of the noƟce.
135(5) A person to whom a cerƟficate is provided under subsecƟon (4) may register the cerƟficate in the
appropriate land registraƟon office, and, on registraƟon of the cerƟficate, the appropriate registrar of the
land registraƟon office shall cancel registraƟon of the noƟce in respect of which the cerƟficate was
provided.
2019, c.29, s.83
Offence and penalty for failure to comply with a noƟce
136(1) A person who fails to comply with the terms of a noƟce given under secƟon 132 commits an offence
that is, subject to subsecƟons (2) and (3), punishable under Part 2 of the Provincial Offences Procedure Act
as a category F offence.
136(2) Despite subsecƟon 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 subsecƟon (1) in relaƟon to a noƟce
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given under secƟon 132 with respect 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.
136(3) If an offence under subsecƟon (1) conƟnues for more than one day,
(a) if the offence was commiƩed by a person in relaƟon to a noƟce given under secƟon 132 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
mulƟplied by the number of days during which the offence conƟnues aŌer 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 mulƟplied by the number of days during
which the offence conƟnues, 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 mulƟplied by the number of days during which the
offence conƟnues, 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 mulƟplied by the number of days during which the
offence conƟnues.
136(4) The convicƟon of a person under this secƟon does not operate as a bar to further prosecuƟon for
the conƟnued neglect or failure on the person's part to comply with the provisions of this Part.
Power to clean, repair or demolish
137(1) If an owner or occupier does not comply with a final and binding noƟce given under secƟon 132
within the Ɵme set out in the noƟce, the local government may, rather than commencing proceedings in
respect of the violaƟon or in addiƟon to doing so,
(a) cause the premises of that owner or occupier to be cleaned up or repaired if the noƟce arises out
of a condiƟon contrary to subsecƟon 131(1),
(b) cause the building or other structure of that owner or occupier to be repaired or demolished if
the noƟce arises out of a condiƟon contrary to subsecƟon 131(2), or
(c) cause the building or other structure of that owner or occupier to be demolished if the noƟce
arises out of a condiƟon contrary to subsecƟon 131(3).
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137(2) SubsecƟon (1) does not apply in respect of a noƟce prepared and signed under subsecƟon 139(1).
137(3) The costs of carrying out any work set out in subsecƟon (1), including any associated charge or fee,
is chargeable to the owner or occupier and becomes a debt due to the local government.
137(4) For the purpose of subsecƟon (1), the by-law enforcement officer who gave the noƟce in respect
of the premises, building or other structure and the authorized employees of the local government or
other persons acƟng on behalf of the local government may, at all reasonable Ɵmes, 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.
137(5) A local government or a person acƟng 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 local government in the reasonable
exercise of its powers under this secƟon.
Report required before demoliƟon
138 A local government shall not proceed to act under paragraph 137(1)(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 proof in the absence of evidence to the contrary that the building
or structure is dilapidated or structurally unsound.
2020, c.8, s.32
Emergency
139(1) If, on inspecƟon of a property under secƟon 144, the by-law enforcement officer referred to in that
secƟon is saƟsfied that there is nonconformity with the provisions of this Part to such an extent as to pose
an emergency, the by-law enforcement officer may prepare and sign a noƟce referred to in secƟon 132
requiring the owner or occupier of the premises, building or other structure in respect of which the noƟce
is prepared to immediately carry out work to terminate the danger.
139(2) AŌer having prepared and signed a noƟce referred to in subsecƟon (1), the by-law enforcement
officer may, either before or aŌer the noƟce 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
noƟce and the authorized employees of the local government or other persons acƟng on behalf of the
local government may, at any Ɵme, enter the premises, building or other structure in respect of which the
noƟce was prepared.
139(3) A local government or a person acƟng 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 local government in the reasonable
exercise of its powers under this secƟon.
139(4) The cost of taking measures under subsecƟon (2), including any associated charge or fee, is
chargeable to the owner or occupier and becomes a debt due to the local government.
139(5) If the noƟce referred to in subsecƟon (1) was not given before measures were taken under
subsecƟon (2) to terminate the danger, the by-law enforcement officer shall give a copy of the noƟce as
soon as the circumstances permit aŌer the measures have been taken, and the copy of the noƟce shall
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have aƩached to it a statement by the by-law enforcement officer describing the measures taken by the
local government and providing details of the amount spent in taking the measures.
139(6) If the noƟce referred to in subsecƟon (1) was given before the measures were taken under
subsecƟon (2), the by-law enforcement officer shall give a copy of the statement referred to in subsecƟon
(5) in the same manner as a noƟce is given under subsecƟon 132(3) as soon as the circumstances permit
aŌer the measures have been taken.
Offence and penalty for obstrucƟon
140(1) No person shall refuse entry to or obstruct or interfere with a by-law enforcement officer, an
authorized employee or other person referred to in subsecƟon 137(4) or 139(2) who under the authority
of that subsecƟon is entering or aƩempƟng to enter premises or a building or other structure.
140(2) A person who violates or fails to comply with subsecƟon (1) commits an offence that is, subject to
subsecƟons (3) and (4), punishable under Part 2 of the Provincial Offences Procedure Act as a category F
offence.
140(3) Despite subsecƟon 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 subsecƟon (2) in relaƟon 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.
140(4) If an offence under subsecƟon (2) conƟnues for more than one day,
(a) if the offence was commiƩed by a person in relaƟon 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
mulƟplied by the number of days during which the offence conƟnues aŌer 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 mulƟplied by the number of days during which the
offence conƟnues, 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 mulƟplied by the number of days during which the
offence conƟnues, and
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(ii)
the maximum fine that may be imposed is the maximum fine set by the Provincial Offences
Procedure Act for a category F offence mulƟplied by the number of days during which the
offence conƟnues.
Recovery of local government's costs - filing of cerƟficate
141(1) If the cost of carrying out work or the cost of taking measures becomes a debt due to a local
government under subsecƟon 137(3) or 139(4), an officer of the local government may issue a cerƟficate
staƟng the amount of the debt due and the name of the owner or occupier from whom the debt is due.
141(2) A cerƟficate issued under subsecƟon (1) may be filed in The Court of King's Bench of New Brunswick
and the filed cerƟficate shall be entered and recorded in the Court and may then be enforced as a
judgment obtained in the Court by the local government against the person named in the cerƟficate for a
debt in the amount specified in the cerƟficate.
141(3) All reasonable costs and charges associated with filing, entering and recording a cerƟficate under
subsecƟon (2) may be recovered as if the amount had been included in the cerƟficate.
2023, c.17, s. 146
Lien
142(1) Despite subsecƟon 72(2) of the Workers' CompensaƟon Act, the cost of carrying out work under
subsecƟon 137(1) or of taking measures under subsecƟon 139(2), as the case may be, and all reasonable
costs and charges associated with filing, entering and recording a cerƟficate under secƟon 141 shall, unƟl
they are paid, form a lien on the real property in respect of which the work is carried out or the measures
are taken in priority to every claim, privilege, lien or other encumbrance, whenever created, subject only
to taxes levied under the Real Property Tax Act and to a special lien under subsecƟon 117(9).
142(2) The lien in subsecƟon (1)
(a) aƩaches when the work under subsecƟon 137(1) begins or the measures under subsecƟon 139(2)
begin, as the case may be, and does not require registering or filing any document or giving noƟce
to any person to create or preserve it, and
(b) is not defeated by a change in the ownership of the real property.
142(3) A mortgagee, judgment creditor or other person having a claim, privilege, lien or other
encumbrance on or against the real property to which a lien under subsecƟon (1) is aƩached,
(a) may pay the amount of the lien,
(b) may add the amount to the person's mortgage, judgment or other security, and
(c) has the same rights and remedies for the amount that are contained in the person's security.
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Debts paid by the Minister of Finance and Treasury Board
2019, c.29, s.83
143(1) If a debt due to a local government under subsecƟon 137(3) or 139(4) remains unpaid in whole or
in part and the Minister of Finance and Treasury Board is of the opinion that the local government has
made reasonable efforts to recover the unpaid amount, the Minister of Finance and Treasury Board shall,
if the local government requests the Minister to do so before December 31 in any year, pay to the local
government the following amounts in the following year:
(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
subsecƟon 10(3) of the Real Property Tax Act, and
(ii)
accruing from the day the local government completes the work or measures in respect
of which the debt arose to the day the local government makes a request under this
subsecƟon for payment in respect of the debt.
143(2) A local government shall make a request under subsecƟon (1) by submiƫng to the Minister of
Finance and Treasury Board a statement of the expenditures of the local government that gave rise to the
debt.
143(3) Subject to subsecƟon (4), if a debt due to a local government under subsecƟon 137(3) or 139(4) in
relaƟon 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 and
Treasury Board has made a payment under subsecƟon (1) in respect of the debt,
(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 Treasury Board, and
(b) the Minister of Finance and Treasury Board shall collect the following amounts from the owner of
the premises, building or other structure in the same manner that taxes on real property are
collected under the Real Property Tax Act:
(i)
any part of the debt under subsecƟon 137(3) or 139(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
subsecƟon 10(3) of the Real Property Tax Act, and
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(B) accruing from the day the local government completes the work or measures in
respect of which the debt arose to the day the local government makes a request
under subsecƟon (1) for payment in respect of the debt.
143(4) Subject to subsecƟons (5) and (6), for the purposes of subsecƟon (3), the following provisions of
the Real Property Tax Act apply with the necessary modificaƟons:
(a) secƟon 7,
(b) secƟon 10, except for subsecƟon (2),
(c) secƟon 11,
(d) secƟon 12,
(e) secƟons 13 to 16, and
(f) secƟons 19 to 25.
143(5) If the amounts referred to in paragraph (3)(b) remain unpaid, those amounts and any penalty added
to them under subsecƟon (4) consƟtute 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 subsecƟon 11(1) of the Real
Property Tax Act.
143(6) If the real property is sold under any order of foreclosure, seizure and sale, execuƟon or other legal
process or a power of sale under a debenture or mortgage or under subsecƟon 44(1) of the Property Act,
the amount of a lien referred to in subsecƟon (5) consƟtutes a charge on the proceeds that ranks equally
with a charge under subsecƟon 11(1) of the Real Property Tax Act.
2019, c.29, s.83
BE IT ENACTED: by the Council of Central York Rural Community as follows:
1. This by-law may be cited as the Central York Rural Community Unsightly Premises and
Dangerous Buildings By-law.
2. The Council of Central York Rural Community hereby declares that sections 130 to 143 of the
Local Governance Act and amendments thereto, shall apply to the entire area within the
municipal limits of Central York Rural Community.
3. This By-law comes into force on the date of final passing thereof.
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FIRST READING: November 14, 2023
SECOND READING: November 28, 2023
THIRD READING AND ENACTED: November 28, 2023
___________________________
David Duplessis, MAYOR
___________________________
Duncan Walker, CAO