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TOWN OF PORT HAWKESBURY
DANGEROUS AND UNSIGHTLY PREMISES POLICY
1.
This Policy is entitled the Dangerous and Unsightly Premises Policy.
2.
Council hereby delegates its authority to issue dangerous or unsightly premises
orders, but not including demolition orders, to the Administrator of Dangerous or
Unsightly Premises, designated by the Chief Administrative Officer to be
responsible for the dangerous or unsightly premises provisions of the Municipal
Government Act for the Municipality.
3.
All persons making complaints or reporting to councillors or municipal staff
allegations of dangerous or unsightly premises contrary to the Municipal
Government Act shall be referred directly to the Administrator.
4.
In the instance where a complaint of allegations of dangerous or unsightly
premises contrary to the Municipal Government Act is submitted by a municipal
Councillor the Councillor shall declare a conflict of interest and remove
themselves from all discussion and/or Council decisions relative to the complaint.
5.
The Administrator shall request every complaint be provided in written form and
shall provide complainants with a standardized complaint form for this purpose.
A standardized complaint form is attached as Schedule "A" to this policy.
6.
The Administrator may amend the standardized form from time to time subject
to forwarding a copy of such amended form with cover letter to the Chief
Administrative Officer for circulation to Council.
7.
Complaint forms completed by a complainant shall be held on file by the
Administrator together with a record of the Administrator's response and
reasons for same.
8.
The Administrator shall have discretion to determine the appropriate time frame
and manner of response to any complaint.
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9.
The Administrator shall have discretion whether to investigate complaints which
are made anonymously or where the complainant refuses to put the complaint in
writing.
10.
In every case, the Administrator shall make reasonable efforts to identify the
legal owner or occupant of the subject property for purposes of service of notices
and orders.
11.
The Administrator shall be responsible for giving notices and directions to
property owners with respect to dangerous or unsightly premises and
requirements for remedial action.
12.
The Administrator shall develop standard form notices including letter form
notices to property owners with respect to the requirements of Part XV of the
Municipal Government Act and directions for remediation.
13.
The Administrator shall copy such standard form notices to the Chief
Administrative Officer of the Municipality for review and comment.
14.
The Administrator shall be responsible to develop standardized practices insofar
as possible for posting notices at premises where service on an individual
property owner is not feasible.
15.
The Administrator shall have access to the Municipal Solicitor for advice and
opinion and for purposes of drafting and delivery of notices and remedial orders.
16.
The Administrator shall be responsible to maintain written records, including
photographic evidence, where investigation finds dangerous and unsightly
premises which are not remedied by the owner when directed by the
Administrator.
17.
The Director shall provide a true copy of any remedial order issued to the Chief
Administrative Officer for the subject municipality by way of information.
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18.
Every written notice or order issued by the Administrator or Council shall refer
specifically to Part XV of the Municipal Government Act and the definitions of
dangerous or unsightly premises which are alleged to have been breached.
19.
Every written notice or order issued by the Administrator or Council shall provide
appropriate contact information including, as applicable, notice of rights to
appeal.
20.
The records of the Administrator shall be the property of the Municipality in
which the subject premises are situate and shall be turned over by the
Administrator to the municipal solicitor in any case where the Municipality
directs or the matter proceeds to court.
21.
The Administrator may ask to appear before Council whether in regular session
or Committee of the Whole or other, special meeting, to present a submission
and recommendation with respect to dangerous or unsightly premises.
22.
Appeal of a remedial order shall be made to Council.
23.
In the event of appeal of a remedial order, the Administrator shall be required to
appear at the Council meeting hearing the appeal to present the case and
grounds for remedial order.
24.
In any case where a demolition order is being contemplated, the Council shall
hear from the Administrator with respect to the subject premises and the actions
and notices taken to encourage and require remediation.
25.
In any case where a court application is taken by the Municipality or by the
property owner, the Administrator shall cooperate with the Municipal Solicitor to
support and present the Municipality's case.
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