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Policy:
Policy No:
Date Originally Approved:
Proposed amendment presented:
Date presented for Councils Approval:
Dangerous and Unsightly Premises Policy
2002 - 14
June 27, 2002
May 13, 2021
Motion: Moved that Council approve the recommendation of the Dangerous and Unsightly Premises Policy (#2002-14) revisions as presented at Committee of the Whole May 13, 2021.
This Policy is current as of:
May 13th, 2013
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Policy Number:
2002 - 14
Policy Subject:
Dangerous and Unsightly Premises Policy
Policy Objective:
The purpose of this policy is to outline the requirements to initiate an investigation of a property and the steps that will be undertaken through an investigation, order, clean-up and demolition of a property.
This policy will apply to all properties located within the Town of Stewiacke. This policy will not apply where a Fire or Building Inspector or other official has authority to act under federal or provincial statute on the issues under consideration and has chosen to take action under that statute.
## Policy
## 1. Definition
- 1.1. In this policy the term Demolition Order means an order to completely remove a building as contemplated by subsection 346(3) of the Municipal Government Act (MGA).
## 2. Delegation
- 2.1. Council retains its authority to carry out hearings and to issue dangerous and unsightly premises orders in instances in which a Demolition Order is being contemplated.
- 2.2. Pursuant to section 345(1) of the MGA, Council delegates its authority to issue all other dangerous and unsightly premises orders to the Administrator of Dangerous or Unsightly Premises, an employee of the Town designated by the Town CAO to be responsible for the dangerous and unsightly premises provisions of the MGA.
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## 3. Clarifying Statements
- 3.1. Subsection 3(r) of the MGA details conditions and hazards that constitute "dangerous or unsightly" properties. To assist in consistent application of Part XV of the MGA, additional explanations and clarifications to the subsection 3(r) interpretations are set out in Appendix A to this Policy.
## 4. Policy
- 4.1. It is the policy of the Town of Stewiacke to ensure consistency in the approach taken in the investigation of dangerous or unsightly properties, and steps that will be followed through an investigation, order, clean-up or demolition of a property.
- 4.2. In is the intent of Stewiacke Council that the exercise of the authorities granted under Part XV of the MGA and this policy be applied to provide a consistent, effective and timely response to dangerous and unsightly conditions on properties within the Town in order to reasonably protect residents from physical, health and economic harm caused by such conditions, while also being sensitive to the needs and circumstances of the owner of a property subject to a complaint of dangerous or unsightly conditions. The following process and procedures will be applied in dealing with such complaints. Appendix C summarizes the complaint handling process in a decision tree format to assist in the application of this policy.
## 4.2.1. Report of Dangerous or Unsightly Property
- 4.2.1.1. The Town shall only conduct an investigation of a dangerous or unsightly property once a complaint has been received. A complaint of a dangerous or unsightly property can be made by any resident or ratepayer of the Town (the "complainant"). A complaint can also be made by a member of Staff or Council. The complaint shall be documented in the form attached as Appendix B and shall be signed by the complainant. Complaints shall be considered confidential but are subject to the freedom of information and protection of privacy provisions of Part XX of the MGA.
## 4.2.2. Investigation
- 4.2.2.1. Within fourteen (14) days of receiving a complaint, an initial site inspection will be conducted by the Town, and a site inspection report prepared. If necessary, with approval from the Town Chief Administrative Officer (CAO), the Administrator may extend the period for completing the initial investigation by up to 30 additional days.
- 4.2.2.2. 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
- 4.2.2.3. When the clarifying statements in Appendix A specify that an unsightly or dangerous condition should be determined by a Building, Fire or other official, the Administrator should obtain a written report from the official in support of the investigation.
## 4.2.3. Follow-Up Action
Upon completion of the investigation:
- 4.2.3.1. If the Administrator determines that the property is not dangerous or unsightly, no action will be taken, and the complainant advised accordingly.
- 4.2.3.2. If the Administrator determines that the property is unsafe to its inhabitants, the Administrator may order that the property be vacated forthwith pursuant to section 349 of the MGA. Such a determination would ordinarily be made following receipt of a written report from an appropriately qualified professional.
- 4.2.3.3. If the Administrator determines that a dangerous or unsightly condition requires immediate action in order to protect public safety, the Administrator may take necessary action to prevent danger, or may remove the dangerous structure or condition pursuant to section 350 of the MGA. Such a determination would ordinarily be made following receipt of a written report from an appropriately qualified professional.
- 4.2.3.4. If the Administrator determines that the property is dangerous or unsightly, and where the underlying condition(s) are do not require immediate action, the Administrator may implement an informal process for remediation and advise the property owner by regular mail or personal service of what is required to remedy the dangerous or unsightly condition within thirty (30) days, or other reasonable time frame dependent on the extent of the work to be done or other restrictions.
- 4.2.3.5. Where the property owner has failed to act upon the informal process within the specified time, the Administrator shall immediately issue an Order to Remedy the condition(s) pursuant to section 346 of the MGA.
- 4.2.3.6. If the Administrator determines that the property is dangerous or unsightly, and where immediate action is considered unnecessary and the Administrator has not chosen to act by means of an informal process, the Administrator shall immediately issue an Order to Remedy the condition(s) pursuant to section 346 of the MGA.
- 4.2.3.7. An Order to Remedy pursuant to section 346 of the MGA shall specify the remediation work that must be completed. The order may include demolition and removal of the property as an acceptable alternative to the specified repairs. If demolition is specified as one acceptable alternative, this would not constitute a Demolition Order as contemplated in subsection 346(3) of the MGA.
- 4.2.3.8. If the Administrator has issued an Order to Remedy pursuant to section 346(1) of the MGA and the property owner has failed to complete the required repairs within the specified time, the Administrator shall, unless the costs of repair are found to be excessive as described below, immediately proceed to carry out the required work pursuant to subsection 348(3) of the MGA. Where the Administrator has obtained estimates of the cost to carry out the specified repairs and determined such costs to be unreasonably high relative to the value of the property, the Administrator may seek a Demolition Order from Council pursuant to subsection 346(3) of the MGA.
- 4.2.3.9. Council may consider issuing a Demolition Order in accordance with section 346(3) of the MGA in any of the following circumstances:
- 4.2.3.9.1. The Administrator has obtained estimates of the cost to carry out required repairs and determined such costs to be unreasonably high relative to the value of the property;
- 4.2.3.9.2. The Administrator determines that the property is dangerous or unsightly and has obtained a written report from an appropriately qualified professional and is of the opinion that to remedy the condition demolition is necessary;
- 4.2.3.9.3. The Administrator has issued an Order to Remedy and the owner of the property has not complied with that Order in the time period specified in the Order;
- 4.2.3.9.4. Council determines that a Demolition Order may be appropriate in the circumstances.
- 4.2.3.10. If Council considers a Demolition Order for a property, the owner of the property shall be given notice of the Council meeting at which the Demolition Order will be discussed and will be given the opportunity to appear and be heard at that meeting before any order is made, in accordance with section 346(3) of the MGA.
- 4.2.3.11. Where the owner fails to comply with an Order made herein within the specified time, the Town may carry out the work specified in the Order and may recover the cost of the work from the owner as provided for in the MGA. Pursuant to section 507 of the MGA, the cost of the work
and interest at the same rate as applied to overdue taxes will be a first lien on the property. Under section 3(bz) of the MGA, such lien is considered a tax and may therefore be recovered in the same manner as taxes.
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## Annotation for Official Policy Book
Date of Notice to Council Members of Intent To Consider (Minimum 7 Days):
Date of Passage of Current Policy:
May 27, 2021
I certify that this Policy was adopted by Council as indicated above.
Chief Administrative Officer
2021-06-14
Date
## APPENDIX A
| Wording of Definition | Clarifying Statements |
|--------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| (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, | May also include, but not be limited to, equipment, or parts of equipment, machinery, tools, automotive parts, or other similar items, that are left out openly for a period of seven (7) days or more, in a strewn or unkempt manner visible to the general public or abutting property owners or residents. |
| (ii) an accumulation of wood shavings, paper, sawdust, dry and inflammable grass or weeds or other combustible material, or | May also include, but not be limited to, buildings or structures that are deemed to be dangerous or unhealthy under the Nova Scotia Fire Safety Act, Nova Scotia Building Code Act, or a municipal by-law (such as a Minimum standards By-law), and should be determined by the Building Official or Fire Inspector. |
| (iii) any other thing that is dangerous unsightly, unhealthy or offensive to a person | May also include, but not be limited to, buildings or structures that are deemed to be dangerous or unhealthy under the Nova Scotia Fire Safety Act, Nova Scotia Building Code Act, or a municipal by-law (such as Minimum standards By-law), and should be determined by the Building Official or Fire Inspector. |
| And includes property, a building or structure (iv) that is in a ruinous or dilapidated condition | May also include, but not be limited to, buildings or structures that are deemed to be dangerous or unhealthy under the Nova Scotia Fire Safety Act, Nova Scotia Building Code Act, or a municipal by-law (such as Minimum standards By-law), and should be determined by the Building Official or Fire Inspector. |
| (v) that is in such a state of non-repair as to be no longer suitable for human habitation or business purposes | May also include, but not be limited to, buildings or structures that are deemed to be dangerous or unhealthy under the Nova Scotia Fire Safety Act, Nova Scotia Building Code Act, or a municipal by-law (such as Minimum standards By-law), and should be determined by the Building Official or Fire Inspector. |
| (vi) constituting a hazard to the health or safety of the public | Administration of this section should require an interpretation from an applicable provincial statute (such as the Environment Act, Dangerous Goods Act, etc.), or a municipal by-law, and should be determined by the appropriate official. |
| (vii) that is unsightly in relation to neighboring properties because the exterior finish of the building or structure or the landscaping is not maintained | May include, but not be limited to: - Undue amounts of peeled paint on exterior walls so as to be unsightly as deemed by the administrator; - Loose or missing boards on the exterior of buildings, so as to be unsightly as deemed by the administrator; - Loose or missing shingles, so as to be unsightly as deemed by the administrator; - Improver fenestration of window opening (such as inappropriate boarding of windows), so as to be unsightly as deemed by the administrator; |
| (vili) that is a fire hazard to | Should be determined by the Fire Inspector, Building Official, |
| itself or to surrounding lands or buildings | Fire Marshall, or other professionally accredited fire safety officer, to be determined by the appropriate official |
|-----------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Limitations | Complaints about the presence of rats, mice, skunks, raccoons, or other pests or vermin will not, as a rule, be investigated. It is the onus of property owners to take measures preventing such problems, and it may be impossible to detect the source of thes problems. In rare cases, and with the direction of Town Counci a professional exterminator or other professionals may be hired by the municipality if the problem is deemed to be "area wide", as opposed to "property specific" when posing a fire and or health risk to other residents. |
| | If staff determine that so called "nuisance" complaints are being levelled (such as "feuding" neighbours attempting to make life difficult for other neighbours, or in retaliation to such measures), staff can choose to either ignore, or to assign low priority to such complaints. Complainants will be advised of such actions. |
| | Complaints about graffiti, defacing of property, and similar matters are issues of vandalism or in some cases even hate crimes, and may be forwarded to the Police/RCMP for investigation. |
## APPENDIX B
## COMPLAINT FORM
Complainant:
Address:
Telephone #
Subject of Complaint:
Location of Complaint:
Name of Owner if Known
Signature of Complainant
Office Use:
Complaint received by:
Date
Date complaint filed:
## APPENDIX C
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