Policy 82 — Dangerous & Unsightly Premises

Bridgewater, Nova Scotia

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TOWN OF BRIDGEWATER DANGEROUS & UNSIGHTLY PREMISES POLICY 1. Purpose 1.1.It is the desire of Bridgewater Town Council that every property in the Town of Bridgewater be maintained such that the property is not dangerous or unsightly. This policy defines the manner of action the Town of Bridgewater will undertake where a property is alleged to be dangerous or unsightly. 1.2.Dangerous and unsightly premises and/or properties subject to this policy will be defined in Section 3(r) of the Municipal Government Act of Nova Scotia. 2. Delegation 2.1.Bridgewater Town Council appoints the Chief Building Official or delegate, hereafter referred to as the Administrator, to act as its authority on dangerous and unsightly premises except the authority to order demolition. 2.2.Bridgewater Town Council will order demolition of a dangerous or unsightly premises and to hear appeals of orders made by the Administrator. 3. Definition of Property Owner 3.1.In accordance with Section 3(ay) of the Municipal Government Act of Nova Scotia, in addition to the assessed owner, the definition of "owner" shall also include: a) A part owner, joint owner, tenant in common or joint tenant of the whole or any part of land or a building; b) In the case of the absence or incapacity of the person having title to the land or building, a trustee, an executor, a guardian, an agent, a mortgagee in possession of a person having the care or control of the land or building; c) A person who occupies shores, breaches or shoals; and d) In the absence of proof to the contrary, the person assessed for the property. Policy No. 82 Approved: March 23, 2015 Resolution No.: 15-063 4. Report of Dangerous or Unsightly Condition 4.1.The reporting of a dangerous or unsightly property can be made by a resident, rate payer, or staff of the Town of Bridgewater or by the Administrator. The report of an unsightly property made by a resident or rate payer of the Town of Bridgewater will be accompanied by the name of the reporting resident or ratepayer, or it will be noted as received anonymously. Each report of a dangerous or unsightly property will be duly recorded on a form for this purpose, and within fourteen (14) days will be followed up by an initial site inspection and subsequent inspection report, conducted and prepared by the Administrator. 4.2.The Administrator will only reveal the name of a reporting resident or rate payer of the Town of Bridgewater, consistent with the Nova Scotia Freedom of Information and Protection of Privacy Act, Ch. 5 1993, amended ch. 11.1999. 5. Initial Site Report 5.1.In the preparation of the initial site inspection report, the Administrator will determine whether the property is dangerous or unsightly. 5.2.If the Administrator determines that the property is not dangerous or unsightly, no action will be taken. 5.3.If the Administrator determines that the propety is unsafe, the Administrator may make an order to have the property vacated or made safe. 5.4.If the Administrator determines public safety requires immediate action, the Administrator may take action to prevent damage or may remove the dangerous structure or condition. 5.5.If the Administrator determines that the property is dangerous or unsightly, and where immediate action is unnecessary, the Administrator shall so advise the property owner by mail or by personal service, of what is required to remedy the unsightly or dangerous condition within a thirty (30) day timeframe. 5.6.Where an alleged dangerous or unsightly property has been reported, the Administrator shall advise the reporting person, if known, of the action taken. 5.7.A "repeat offender" is defined as the owner of a property for which the Town of Bridgewater has received a valid second complaint within 365 days of the previous valid complaint. 5.8.If the Administrator determines site conditions warrant immediate action, the Administrator may issue an order without the issuance of an initial site report. 5.9.Any remedial costs incurred by the Town of Bridgewater become a lien on the property.