Admin 01-009 Dangerous and Unsightly Premises Policy
Richmond, Nova Scotia
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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.
MUNICIPALITY OF THE COUNTY OF RICHMOND
DANGEROUS AND UNSIGHTLY PREMISES POLICY
Policy Review Notification: January 28, 2019
Policy Review Date: January 21, 2019
Approved by Council: February 25, 2019
I certify this to be a true copy of the Dangerous & Unsightly Premises Policy as
adopted by the Municipal Council of Richmond County at a Public Meeting held
February 25, 2019
Original Signed_____________
Yvonne Boudreau
Municipal Clerk
IBE MUNICIPAJ.ITY
LA MIB\TJCIPAUTE
OF TUE COUNTI OF
DU COMTE DE
RICHMOND
8.
The Administrator shall respond to the complainant/District Councillor having
discretion to determine the appropriate time frame and manner of response to
any complaint.
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.
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.
* This policy, approved February 25, 2019 replaces all other Dangerous
and Unsightly Premises Policies
IBE MUNICIPALITY
LA MIB\TJCIPAUTE
OF TUE COUNTI OF
DU COMTE DE
RICHMOND
DANGEROUS OR UNSIGHTLY PREMISES
COMPLAINT FORM
We, the undersigned, consider the Property described below to be dangerous or
unsightly as described in the Municipal Government Act.
PROPERTY LOCATION:
CIVIC ADDRESS OR PROPERTY IDENTIFICATION NUMBER
PROPERTY OWNER:
NAME
DESCRIPTION OF DANGEROUS OR UNSIGHTLY CONDITION:
(Please be specific. Attach additional pages if needed and pictures if available.)
COMPLAINANT:
NAME (PRINT)
SIGNATURE
TELEPHONE NOS.
ADDRESS (OPTIONAL)
DATE OF COMPLAINT:
PLEASE NOTE:
1) Confidentiality
Complainants' names will be kept confidential insofar as reasonably possible however
confidentiality is not guaranteed.
2) Responsibility of Property Owners
The Municipal Government Act, S.N.S. 1998, c.18 as am. states as follows:
s. 344 Every property in a municipality shall be maintained so as not to be dangerous or
unsightly.
3) Definition
The Municipal Government Act defines "dangerous or unsightly" as follows:
s.3(r) "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 of 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, or
(iii)
any other thing that is dangerous, unsightly, unhealthy or offensive to a person,
and includes property, a building or structure
(iv)
that is in a ruinous or dilapidated condition,
(v)
the condition of which seriously depreciates the value of land or buildings in the
vicinity,
(vi)
that is in such a state of non-repair as to be no longer suitable for human
habitation or business purposes,
(vii)
that is an allurement to children who may play there to their danger,
(viii)
constituting a hazard to the health or safety of the public,
(ix)
that is unsightly in relation to neighbouring properties because the exterior finish
of the building or structure or the landscaping is not maintained,
(x)
that is a fire hazard to itself or to surrounding lands or buildings, or
(xi)
that has been excavated or had fill placed on it in a manner that results in a
hazard;
n.b. The above provisions are reproduced here for general information
purposes only and are not to be relied upon as an official version of the
legislation.
4) Contact:
Eastern District Planning Commission, 32 Paint Street, Unit #4, Port
Hawkesbury, NS B9A 3J8
PHONE: 902-625-5361
FAX: 902-625-1559
IBE MUNICIPAJ.ITY
LA MIB\TJCIPAUTE
OF TUE COUNTI OF
DU COMTE DE
RICHMOND