By-Law No. 7 — A By-Law respecting Unsightly Premises and Dangerous Buildings and Structures
Lakeland Ridges, New Brunswick
· adopted 2025-05-12
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Municipality of Lakeland Ridges
By-Law No. 7
A By-Law respecting Unsightly Premises and Dangerous Buildings and
Structures within the Municipality of Lakeland Ridges
WHEREAS, Common 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 areas, 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
areas;
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, S.N.B. 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 by-law made
under paragraph 10(1)(d) shall contain only the provisions set out in sections 130 to 143 if this
Act, with the necessary modifications.
AND WHEREAS, notice of this by-law, and of the Common Council meeting at which this by-
law was discussed, was provided in accordance with the provisions of the Local Governance Act.
NOW THEREFORE, the Common Council of the Municipality of Lakeland Ridges, enacts as
follows:
Title
1.
This by-law may be cited as the Lakeland Ridges Unsightly Premises and Dangerous
Buildings and Structures By-Law (hereinafter the "By-law").
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 section 4 of this By-law and designed by resolution of
Common Council;
"Municipality" means the Municipality of Lakeland Ridges;
"Common Council" means the elected municipal council of the Municipality;
"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;
"land registration office" mean a registry office established under the Registry Act, R.S.N.B.
1973, c R-6, or a land titles office established under the Land Titles Act, S.N.B. 1981, c. L-1.1;
"person" means a person, corporation, partnership, or society having ownership, possession,
charge or control of premises, dwelling, dwelling unit or other structure;
"premises" means land with all its appurtenances and structures thereon;
"regulation" means the New Brunswick Regulation 2007-2022 under the Municipalities Act
(O.C. 2007-111) and includes any successor regulation enacted under the Local Governance Act;
and
"structure" means any construction composed of one or more parts or members, joined together
in some definite manner (structure).
2(2)
The words defined in subsection 1(1) of the Local Governance Act, when used in the By-
law, shall have the same meaning as the said Act.
Interpretation
3.
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 the 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 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
Municipality, 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 Municipality or applicable Provincial or
Federal statutes or regulations.
(e)
If any section, subsection, part or parts or provision of the 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.
Appointment of By-law Enforcement Officers
4(1)
Common Council may, for the purposes of the administration and enforcement of this
By-law, 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 Act.
4(2)
A By-law Enforcement Officer appointed under this section shall be issued an identity
card bearing his name, title, signature, photograph and the Municipal Logo.
Inspections
5.
A By-law Enforcement Officer appointed under section 4 of this By-law may carry out
any inspection that is necessary for the administration or enforcement of this By-law.
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 or 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 (2) or (3) commits an offence
that is, subject to subsections (5) and (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 section
(4) 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 shall be $1,000.
6(6)
If an offence under subsection (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 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.
Notice to Owner of Occupier
7(1)
If a condition referred to in subsection 6(1), (2) or (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 or 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 (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 subsection 6(1), (2) or (3) that exists,
(d)
state what must be done to correct the condition,
(e)
state the date before which the condition must be corrected, and
(f)
in 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 (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 (3)(a)(iii) or (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 (1)(b) or (c) shall be deemed to have
been given to the owner of the premises, building or other structure.
Evidence
8(1)
Proof of giving a 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 (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 a violation of the By-law in which proof of the giving of the notice is
made in accordance with subsection (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 section 7 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.
Appeal
9(1)
An owner or occupier of premises or a building or other structure who has been given a
notice under section 7, other than a notice prepared and signed under subsection 14(1),
and who is not satisfied with the terms or conditions set out in the notice may appeal to
the Appeal Committee by sending a notice of appeal by registered mail to the clerk of the
Municipality within 14 days after having been given the notice.
9(2)
A notice that is not appealed within the time referred to in subsection (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 a right to be heard and may be represented by
counsel.
9(4)
On an appeal with respect to a notice under section 7 arising out of a condition referred to
in subsection 6(2), the onus is on the Municipality 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 the committee of Common
Council under subsection (5) is not appealed within the time referred to in subsection (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 subsection (6)
may appeal the decision to a judge of The Court of King's Bench of New Brunswick
within 14 days after 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 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 any part of the decision of the committee of Common
Council, 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) An appeal does not prevent a further notice from being given under section 7 or from
being prepared and signed under subsection 14(1) in relation to a condition referred to in
the notice that is the subject of the appeal, if there has been a change in the condition.
Registering a Notice
10(1) A notice given under section 7 may be registered in the appropriate land registration
office and, on registration, and subsequent owner of the premises, building or other
structure in respect of which the notice was given shall be deemed, for the purposes of
sections 12 and 14, to have been given the notice on the day on which the notice was
given under section 7.
10(2) Section 44 of the Registry Act and section 55 of the Land Titles Act do not apply to a
registration under subsection (1).
10(3) Within 30 days after the terms of a notice have been complied with or a debt due to the
Municipality 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 Municipality shall provide a
certificate in the form prescribed by regulation to that effect to the person to whom the
notice was given under section 7 or was deemed to have been given under subsection (1),
as the case may be, and the certificate shall operate as a discharge of the notice.
10(4) A person to whom a certificate is provided under subsection (3) may register the
certificate in the appropriate land registration office, and, on registration of the certificate,
the appropriate registrar of the land registration office shall cancel registration of the
notice in respect of which the certificate was provided.
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 section 7 commits an
offence that is, subject to subsections (2) and (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 who is
leasing a dwelling or dwelling unit to another person commits an offence under
subsection (1) in relation to a notice given under section 7 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.
11(3) If an offence under subsection (1) continues for more than one day,
(a)
if the offence was committed by a person in relation to a notice given under
section 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
(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
provisions of the By-law.
Power to Clean, Repair or Demolish
12(1) If an owner or occupier does not comply with a final and binding notice given under
section 7 within the time set out in the notice, the Municipality may, rather than
commencing proceedings in respect of the violation or in addition to doing so,
(a)
cause the premises of that owner or occupier to be cleared 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), or
(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 (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 (1), including any associated
charge or fee, is chargeable to the owner or occupier and becomes a debt due to the
Municipality.
12(4) For the purpose of subsection (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
Municipality or other persons acting on behalf of the Municipality may, at all responsible
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 cause may be.
12(5) The Municipality 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
Municipality in the reasonable exercise of its power under this section.
Report Required Before Demolition
13.
The Municipality shall not proceed to act under paragraph 12(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.
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
enforcement 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 (1), the By-law
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 for
the Municipality or other persons acting on behalf of the Municipality may, at any time,
enter the premises, building or other structure in respect of which the notice was
prepared.
14(3) The Municipality 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
Municipality in the reasonable exercise of its powers under this section.
14(4) The cost of taking measures under subsection (2), including any associated charge or fee,
is chargeable to the owner or occupier and becomes a debt due to the Municipality.
14(5) If the notice referred to in subsection (1) was not given before measures were taken under
subsection (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 Municipality and providing details of the
amount spent in taking the measures.
14(6) If the notice referred to in subsection (1) was given before the measures were taken under
subsection (2), the By-law enforcement officer shall give a copy of the statement referred
to in subsection (5) in the same manner as a notice is given under subsection 7(3) as soon
as the circumstances permit after the measures have been taken.
Offence and Penalty for Obstruction
15(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 subsection 12(4) or 14(2) who
under the authority of that subsection is entering or attempting to enter premises or a
building or other structure.
15(2) A person who violates or fails to comply with subsection (1) commits an offence that is,
subject to subsections (3) and (4), punishable under Part 2 of the Provincial Offences
Procedure Act as a category F offence.
15(3) 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 (2) in relation to the dwelling or dwelling unit, the minimum fine that may be
imposed by a judge under the Act in respect of the offence is $1,000.
15(4) If an offence under subsection (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
(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.
Recovery of Municipality'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
Municipality under subsection 12(3) or 14(4), an officer of the Municipality may issue a
certificate stating the amount of the debt due and the name of the owner or occupier from
whom the debt is due.
16(2) A certificate issued under subsection (1) may be filed in The Court of King's Bench of
New Brunswick and the filed certificate shall be entered and recorded in the Court and
may then be enforced as a judgment obtained in the Court by the Municipality 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 (2) may be recovered as if the amount had been included in
the certificate.
Lien
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 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, R.S.N.B. 1973, c. R-2, and to a
special lien under subsection 117(9) of the Local Governance Act.
17(2) The lien in subsection (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) 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 subsection (1) is
attached
(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.
Debts Paid by the Minister of Finance
18(1) If a debt due to the Municipality 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 Municipality has made
reasonable efforts to recover the unpaid amount, the Minister of Finance shall, if the
Municipality request the Minister to do so before December 31 in any year, pay to the
Municipality 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 subsection 10(3) of the Real Property Tax Act, and
(ii)
accruing from the day the Municipality completes the work or measures in
respect of which the debt arose to the day the Municipality makes a
request under this subsection for payment in respect of the debt.
18(2) The Municipality shall make a request under subsection (1) by submitting to the Minister
of Finance a statement of the expenditures of the Municipality that gave rise to the debt.
18(3) Subject to subsection (4), if a debt due to the Municipality 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 subsection (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
(b)
the Minister of Finance shall collect the following amounts form 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 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 applied in determining the amount of a
penalty under subsection 10(3) of the Real Property Tax Act, and
(B)
accruing from the day the Municipality completes the work or
measures in respect of which the debt arose to the day the
Municipality makes a request under subsection (1) for payment in
respect of the debt.
18(4) Subject to subsections (5) and (6), for the purposes of subsection (3), the following
provisions of the Real Property Tax Act apply with the necessary modifications:
(a)
section 7,
(b)
section 10, except for subsection (2),
(c)
section 11,
(d)
section 12,
(e)
section 13 to 16, and
(f)
section 19 to 25.
18(5) If the amounts referred to in paragraph (3)(b) remain unpaid, those amounts and any
penalty added to them under subsection (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 other 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 (5) constitutes a charge on the proceeds that ranks equally with a charge under
subsection 11(1) of the Real Property Tax Act.
IN WITNESS WHEREOF the Municipality of Lakeland Ridges has caused the Corporate Seal
of the said Municipality to be affixed to the By-Law the _____ day of _________, 2025 and
signed by:
________________________________
Mayor Leonard Foster
_______________________________
Susan Patterson - CAO/Clerk
First Reading: April 14, 2025
Second Reading: May 12, 2025
Third Reading: May 12, 2025