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Dangerous or Unsightly Premises Policy
POLICY NO. 10
DANGEROUS OR UNSIGHTLY PREMISES POLICY
1.0
PURPOSE
1.1
The purpose of the Dangerous or Unsightly Premises Policy is to outline what is required to
initiate an investigation of a property and the steps that will be followed through an
investigation, order, clean-up and/or demolition of a property.
1.2
It is the policy of the Municipality to ensure a consistent method of investigation of dangerous
or unsightly properties and steps that will be followed.
2.0
DEFINITIONS
(a)
Administrator means the Chief Administrative Officer ("CAO") or another person designated by
the CAO.
(b)
Dangerous or unsightly premises and/or properties subject to this policy will be as defined as
per Section 3(r) of the MGA:
"dangerous or unsightly" means partly demolished, decayed, deteriorated or in a state of
disrepair so as to be dangerous, unsightly or unhealthy, and includes property containing:
i.
ashes, junk, cleanings of yards or other rubbish or refuse or a derelict vehicle, vessel, item
or equipment or machinery, or bodies of these or parts thereof,
ii.
an accumulation of wood shavings, paper, sawdust, dry and inflammable grass or weeds
or other combustible material,
iii.
an accumulation of collection of materials or refuse that is stockpiled, hidden or stored
away and is dangerous, unsightly, unhealthy or offensive to a person, or
iv.
any other thing that is dangerous, unsightly, unhealthy or offensive to a person,
and includes property, a building or structure with or without structural deficiencies
v.
that is in a ruinous or dilapidated condition,
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Dangerous or Unsightly Premises Policy
vi.
the condition of which seriously depreciates the value of land or buildings in the vicinity,
vii.
that is in such a state of non-repair as to be no longer suitable for human habitation or
business purposes,
viii. that is an allurement to children who may play there to their danger,
ix.
constituting a hazard to the health or safety of the public,
x.
that is unsightly in relation to neighbouring properties because of exterior finish of the
building or structure or the landscaping is not maintained,
xi.
that is a fire hazard to itself or to surrounding lands or buildings,
xii.
that has been excavated or had fill placed on it in a manner that results in a hazard, or
xiii. that is in a poor state of hygiene or cleanliness.
(c)
Derelict vehicle, vessel, item of equipment or machinery will be as defined in Section 3(v) of
the MGA and includes a vehicle, vessel, item of equipment or machinery that
i.
is left on property, with or without lawful authority, and
ii.
appears to the administrator to be disused or abandoned by reason of its age, appearance,
mechanical condition or, where required by law to be licensed or registered, by its lack of
license plate or current vehicle registration;
(d)
MGA means the Municipal Government Act SNS 1998, c. 18.
(e)
Municipality means the Municipality of the District of Barrington.
(f)
Council means council of the Municipality of the District of Barrington.
3.0
DELEGATION
3.1
Except with respect to the authority to order demolition, Council delegates its authority with
respect to dangerous or unsightly premises, including the authority to issue dangerous or
unsightly premises notices and orders, to the Administrator.
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Dangerous or Unsightly Premises Policy
4.0
REPORT OF DANGEROUS OR UNSIGHTLY PROPERTY
4.1
The Municipality shall only conduct an investigation of an alleged dangerous or unsightly
property once a complaint has been received. The complaint shall be made in writing using the
attached Complaint Form (Appendix A) and submitted to the Municipal Office either in person,
by ordinary mail or email. Complaints may also be lodged by calling the Municipal Office. All
complaints are logged in the Municipality's Complaint Tracking System.
4.2
Within fourteen (14) days of receiving a complaint, a site inspection will be carried out and an
initial site inspection report prepared by the Administrator. Complaints shall be considered
confidential and subject to Part XX of the MGA and the Freedom of Information and Protection
of Privacy Act.
4.3
Notwithstanding the above, the Administrator may act in the absence of a complaint including
with respect to property owned by the Municipality and where public safety requires
immediate action.
5.0
INVESTIGATION
5.1
Once an initial site inspection is conducted, the Administrator will determine whether the
property is dangerous or unsightly. The Administrator may take photographs and video
recordings of the property as necessary to document its condition.
5.2
If the Administrator determines that the property is not dangerous or unsightly, no action will
be taken and the complainant shall be advised accordingly.
6.0
UNSAFE PROPERTY
6.1
If the Administrator determines that the property is unsafe, the Administrator may make an
Order to vacate the premises. The Administrator shall post notice that the property is unsafe
in a conspicuous place on the property and the notice shall remain posted until the unsafe
condition is remedied.
7.0
PUBLIC SAFETY CONCERNS REQUIRING IMMEDIATE ACTION
7.1
If the Administrator determines that public safety requires immediate action the Administrator
may immediately take the necessary action to prevent damage or remove the dangerous
structure or condition.
8.0
OTHER DANGEROUS OR UNSIGHTLY CONDITIONS
8.1
If the Administrator determines that the property is dangerous or unsightly, and where
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Dangerous or Unsightly Premises Policy
immediate action is deemed unnecessary, the Administrator shall notify the property owner in
writing. The notice shall indicate what is required to remedy the dangerous or unsightly
condition and that the owner has thirty (30) days, or another reasonable time frame dependent
on the work to be done, to do so (Appendix B). The notice shall be delivered to the owner by
personal service, registered mail or by posting the notice in a conspicuous place on the
property.
9.0
CLEAN-UP ORDER
9.1
In the event that the dangerous or unsightly condition has not been remedied in accordance
with a notice given, the Administrator may order an owner to remedy the condition. The order
shall indicate what is required to remedy the dangerous or unsightly condition and that the
owner has thirty (30) days, or another reasonable time frame dependent on the work to be
done, to do so (Appendix C). The order shall be delivered to the owner by personal service,
registered mail or by posting the order on the property in a conspicuous place on the property.
9.2
An order made by the Administrator may be appealed to the Council within seven (7) days after
the order is made. Appeals can be submitted in writing to Council for consideration or the
property owner may appear before Council to appeal the order in person. T o appeal an order,
the property owner must complete the proper form and submit it to the Municipal Clerk.
(Appendix D).
10.0 DEMOLITION
10.1 In the event that the Administrator determines that the property is dangerous or unsightly and
is of the opinion that to remedy the condition demolition is necessary, a recommendation will
be sent to Council for consideration. The owner shall be given not less than seven (7) days'
notice of the Council meeting at which the order will be considered. The owner may write to
Council or appear and make submissions at the meeting by contacting the Municipal Clerk.
10.2 If Council considers demolition necessary to remedy the dangerous or unsightly condition, an
order will be issued to the owner of the property with directions to demolish. The order shall
be posted in a conspicuous place on the property and delivered to the owner by registered mail
or personal service. The order shall give the owner thirty (30) days, or another reasons time
frame depending on the extent of the work to be done, to remedy the condition.
11.0 COURT ORDER
11.1 Notwithstanding the above, the Municipality may apply to a court of competent jurisdiction for
a declaration that a property is dangerous or unsightly and for an order specifying the work to
be done to remedy the condition.
12.0 ENFORCEMENT
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Dangerous or Unsightly Premises Policy
12.1 Where an owner fails to comply with an order within the time frame specified in the order, the
Administrator may enter upon the property without warrant or other legal process in order to
carry out the work specified in the order without further notice to the owner, the cost of which
shall be a first lien on the property and shall be recoverable by Municipality as taxes.
12.2 Where the Administrator intends to carry out the work specified in an order, the Administrator
shall obtain an estimate of cost involved and obtain approval of the CAO, if duty is assigned to
another person, before carrying out the work.
12.3 The Municipality may prosecute offences with respect to dangerous or unsightly premises,
including failure to obey an order, by issuing a summary offence ticket pursuant to the Summary
Offence Ticket Regulations.
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Dangerous or Unsightly Premises Policy
APPENDIX "A"
COMPLAINT FORM
Your Name:
Phone number:
E-mail Address:_
____
(h):
(w):
(c):
Mailing Address:_________________________________________
* Complaints shall be considered confidential but are subject to Part XX of the Municipal
Government Act & Freedom of Information and Protection of Privacy Act.
What is your complaint? Include relevant date(s), times(s), location, and background
information,
including municipal employees you have contacted regarding this matter. Additional space is available on
the back of this form. Additional information such as relevant photographs can be attached to this form.
How could the situation be improved?
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Dangerous or Unsightly Premises Policy
Additional information:
FOR OFFICE USE ONLY
Complaint Received by:_____________________
Date of Property Inspection:
Order to Remedy Necessary:
yes
_no
Date Complainant Notified of Action:
Complaint Tracking #
Case Administrator:
RETAIN THIS FORM IN CASE FILE
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Dangerous or Unsightly Premises Policy
APPENDIX "B"
INVESTIGATION AND CASE FORM
Administrator:
Complaint Tracking #:
Property Address & PID:
Date of Complaint:
Reason for Complaint:
Property Background:
(previous orders against property / other complaints against property)
Chronology of Case Activities
Date
Action
Notes
Initial Complaint Filed
Property Inspection
Order to Remedy
Conversations with Owner
Appeal
Inspections
Closing of Case
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Dangerous or Unsightly Premises Policy
Financial Implications:
(Expenses incurred by the Municipality, Liens, Summary Offense Tickets)
Risk Considerations / Environmental Implications:
Files Attached:
Appendix A - Complaint Form
Appendix C - Order
Appendix D - Appeal
Photographs etc.
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Dangerous or Unsightly Premises Policy
APPENDIX "C"
ORDER TO REMEDY
Date:
Order Served Upon:
Address / PID:
This is to advise you that you are in violation of the Municipal Government Act Part XV, Dangerous and
Unsightly Premises. A copy of the Dangerous and Unsightly Premises Policy for the Municipality of
Barrington is attached to this notice.
Details of Violation:
Violation to be remedied as per the following:
You have 30 days to remedy the violation. If you wish to appeal this Order, you may do so by contacting
the Municipal Clerk within seven (7) days of the date of this notice. Your appeal will be brought to Council
in writing and/or in-person as a delegation for consideration. (See Form - APPENDIX D)
Notice of Re-inspection:
A re-inspection will be performed after
to confirm the above noted violation(s)
has been rectified. If you have any questions regarding this matter, please contact the issuing officer
prior to the re-inspection date.
Enforcement Officer:
Email Address:
Phone Number:
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Dangerous or Unsightly Premises Policy
Failure to obey this Order may result in a Summary of Offense Ticket being issued.
Failure to obey this order may result in the Administrator entering upon the property without warrant or
other legal process and carrying out the work specified in the Order, the cost of which will be a first lien
on the property and recoverable as taxes.
__________________________
Enforcement Officer
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Dangerous or Unsightly Premises Policy
APPENDIX "D"
NOTICE OF APPEAL
Name:
Property Address: Mailing Address:
Email Address / Phone Number: Date of Order:
Appeals can be made at any time up to seven (7) days after receiving or having an Order posted to a
property. Consideration may be given to property owners who ask for extensions to remedy orders based
on special circumstances. Please select one of the following reasons for your appeal:
Weather conditions
Illness
Estate
Monetary
Other
Do not agree the property is dangerous or unsightly
Please explain the reason for appeal:
I wish to attend the Appeal Hearing as a delegation
If you choose to attend as a delegation, the Municipal Clerk will inform you of the next available Council
Meeting. Your appeal with be reviewed and you will be contacted by either the Municipal Clerk or the
Administrator in regards to your request.
Municipal Clerk
[email protected]
Received by the Municipal Clerk:
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Dangerous or Unsightly Premises Policy
Order of Proceedings for Appeals to Council
The Chair will open each of the hearings and address the following:
-
The Chair will ask the Appellant to identify themselves or the representative will identify
themselves and provide a signed letter from the Appellant
-
The Chair will briefly explain how the hearing will proceed
-
The Administrator will explain the basis for the order under review and provide
documentation of the case
-
Council may ask questions to the Administrator for clarification
-
The Appellant may ask questions to the Administrator for clarification
-
Witnesses may be permitted to provide factual evidence relevant to the appeal
-
Appellant's Presentation - The Appellant is given up to ten (10) minutes to support the appeal
-
Council may ask questions to the Appellant or witnesses
-
Council may ask questions to the Administrator
-
The Administrator may ask questions to the Appellant
-
Council then debates their decision and renders a decision with the Appellant (or their
representative) present
-
Upon motion, Council may move In-Camera (In Private) to obtain confidential legal advice at
any time during the process
-
Council has four (4) alternatives:
o Cancel the Order (allow the appeal)
o Amend the Order (change the conditions)
o Keep the Order as is (appeal dismissed)
o Continue the hearing at a later date (defer)
All decisions made during an Appeal Hearing will be documented in the case files by the Administrator
and a copy will be sent to the Appellant.
Hearings of Council are open to the public and any information, including personal information, which is
provided or obtained in relation to your appeal, will be matter of public record.
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Dangerous or Unsightly Premises Policy
Chief Administrative Officer's Annotation for Official Policy Book
Date of Notice to Council members of Intent to Consider
September 14, 2020
Date of Passage of current Policy
September 28, 2020
I certify that this Policy No. 10 "Dangerous or Unsightly Premises Policy" was
adopted to replace existing Policy No. 10 Re: Investigation of Dangerous and
Unsightly Premises" as indicated above.
____________________________________ _________________________________
Chris Frotten Date
Chief Administrative Officer
VERSION LOG
Version
Number
Amendment Description
Amendment/Policy Owner
Approved By
Approval Date
1
Approved Policy of Council
CAO
Council
September 28, 2020