Dangerous, Hazardous and Unsightly Premises Bylaw No. 2020-14 — full text

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## RURAL MUNICIPALITY OF MORELL DANGEROUS, HAZARDOUS AND UNSIGHTLY PREMISES BYLAW BYLAW 2020-14 BE IT ENACTED BY THE COUNCIL OF THE RURAL MUNICIPALITY OF MORELL PURSUANT TO THE MUNICIPALIȚIES ACT, R.S.P.E.I. ## PART 1: TITLE 1. - 1.1 This bylaw shall be referred as the Rural Municipality of Morell Dangerous, Hazardous and Unsightly Premises Bylaw" and may be cited as the "Unsightly Premises Bylaw" from time to time. ## PART 11: SCOPE 2. - 2.1 This Bylaw shall apply to all property in the Rural Municipality of Morell. ## PART 111: DEFINITIONS 3. IN the Bylaw 2. 3.1 "Abandoned" means deserted, forsaken, given up completely; 3. 3.2 "Animal Material" means any animal excrement, animal remains, and Includes all material accumulated on a premises from pet pens, yards, stables, Veterinary clinics or hospitals, kennels or feed lots; 4. 3.3 "Ashes" means the powdery residue accumulated on a premises left after the Combustion of any substance and includes any partially burnt wood, charcoal or Coal; 5. 3.4 "Building Material" means all construction and demolition material accumulated On premises while constructing, altering, repairing, or demolishing any structure And includes, but is not limited to, earth, vegetation or rock displaced during such Construction, alteration or repair; 6. 3.5 "Chief Administrative Officer" means a person designed by the Council as its Chief Administrative Officer, or his designate; 7. 3.6 "Clean up Order" means an order issued under this bylaw by an Enforcement | | Officer with respect to unsightly premises within the Municipality. | Officer with respect to unsightly premises within the Municipality. | |------|---------------------------------------------------------------------------------------------------------------------------------------|------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | | "Council" means the elected Council for the Municipality. | "Council" means the elected Council for the Municipality. | | 3.8 | Dangerous or Hazardous Building" includes: | Dangerous or Hazardous Building" includes: | | | 3.8.1 | a Building or structure where the walls or other vertical structural Members list, lean, or buckle to such an extent that it presents a Danger to the occupants or other persons or property; | | | 3.8.2 | a Building or structure which shows clear damage or deterioration Of the foundation supporting member or members; | | | 3.8.3 | a Building or structure which has improperly distributed upon The floor or roofs or structural supporting members, or in which the Same are overloaded, or which has insufficient strength to be Reasonably safe for the intended use or occupation; | | | 3.8.4 | a Building or structure which has: | | | 3.8.4.1 | become dangerous to life, safety, or the health and welfare of the Occupants or the general public, or | | | 3.8.4.2 | deteriorated so as to substantially depreciate the value of the Property in the vicinity; or | | | 3.8.4.3. | become a detriment to the general appearance of the Municipality. | | | | 3.8.4.4. deteriorated by virtue of broken windows, torn roofing, or defects, Which have rendered it in a condition of substantial disrepair. | | 3.9 | "Enforcement Officer" means any member of the Royal Canadian Mounted Police, a duty authorized Bylaw Enforcement Officer, or the CAO; | "Enforcement Officer" means any member of the Royal Canadian Mounted Police, a duty authorized Bylaw Enforcement Officer, or the CAO; | | 3.10 | "Litter" includes | "Litter" includes | | | 3.10.1 | Rubbish, refuse, garbage, waste materials, papers, packages, Containers, bottles, cans or parts thereof; and | | | 3.10.2 | Any article, product, machinery, mobile home or manufactured Goods which are dumped, discarded, abandoned, or otherwise Disposed of. | ## 3.11 "Owner" included | | 3.11.1 | a land owner as listed in the Assessment Role compiled by the | |------|-------------------------------------------------------------------------------|-------------------------------------------------------------------------------| | | | Province of PEl under the Real Property Assessment Act, Cap. R-4. | | | | R.S. P.E.I. 1988, and amendments thereto, which printed | | | | Assessment Role is issued to the Municipality at the beginning | | | | Of each year (with printed updates throughout the year), tenant | | | | Lessee or other person in possession or occupancy of a Property; | | | 3.11.2 | an executor, administrator, trustee, agent, or other person | | | | Managing a Property for the registered landowner; and | | | | In any prosecution of the contravention of the Bylaw, the Owner | | | | Of a Property may be proved prima facie by a certificate | | | | Purporting to be signed by the CAO and it shall be necessary to | | | | Prove the authentically of such signature and where the name in | | | | The certificate is the same as that of the person charged with an | | | | Offence, it is prima facie evidence that he/she is the person | | | | Named in the certificate. | | 3.12 | "Premises" means the external surfaces of all buildings and the whole or | "Premises" means the external surfaces of all buildings and the whole or | | | Part of any land, including land immediately adjacent to any building, | Part of any land, including land immediately adjacent to any building, | | | Situated in whole, or in part in the Municipality includes any land or | Situated in whole, or in part in the Municipality includes any land or | | | Buildings, situated in whole, or in part in the Municipality and includes any | Buildings, situated in whole, or in part in the Municipality and includes any | | | Land or buildings owned or leased by the Municipality; | Land or buildings owned or leased by the Municipality; | | 3.13 | "Property" includes all or any part of lands, buildings, foundations, | "Property" includes all or any part of lands, buildings, foundations, | | | Scaffolding, fences, excavations, depressions, drains, ditches, culverts, | Scaffolding, fences, excavations, depressions, drains, ditches, culverts, | | | Wells, or loose impediments; | Wells, or loose impediments; | | 3.14 | "Right of Access" means the right of an Enforcement Officer to enter onto | "Right of Access" means the right of an Enforcement Officer to enter onto | | | A property to inspect the property to determine whether to issue a, | A property to inspect the property to determine whether to issue a, | | | "Clean Up Order" , or to allow work forces access to the property for the | "Clean Up Order" , or to allow work forces access to the property for the | | | Purposes of enforcing a "Clean Up Order"; | Purposes of enforcing a "Clean Up Order"; | | 3.15 | "Unsightly Premises" means any property or part of it which is | "Unsightly Premises" means any property or part of it which is | Characterized by visual evidence or a lack of general maintenance and Upkeep by the excessive accumulation on the premises of, - 3.15.1 any rubbish, refuse, garbage, papers, packages, containers, Bottles, cans, articles, products, machinery, mobile homes, Or manufactured goods which are dumped, discarded, Abandoned, or otherwise disposed of; - 3.15.2 the whole or part on any motor vehicle or vehicles 3.15.2.1 which has no current license plate attached to it And in respect of which, no registration certificate has been Issued for the current year; and 3.15.2.2 which is inoperative by reason of removed parts, or Equipment; - 3.15.3 equipment or machinery which has been rendered Inoperative by reason of its disassembly, age, or Mechanical condition and includes any household Appliances; - 3.15.4 all forms of waste, refuse, and litter as defined under the Provincial Island Waste Management Corporation. - 3.16 "Vacant Building" means any Building which is unoccupied; - 3.17 "Vehicle" includes a motor vehicle, trailer, boat, motorized snow vehicle, Mechanical equipment, farm implement, or any other vehicle drawn, Propelled or driven by any kind of power including muscular power; - 3.18 "Work Force" means Municipal employees or contract workers engaged by The Municipality for the purposes of enforcing a "Clean Up Order" - 3.19 "Yard Material" means organic matter formed as a result of gardening or Horticultural pursuits and includes grass, tree and hedge cuttings and Clippings and leaves. ## PART 1V: ADMINISTRATION: - 4.1 This Bylaw shall be administered and enforced by the Chief Administrative Officer, Bylaw Enforcement Officer, or Royal Canadian Mounted Police. ## PART V: PROPERTY STANDARDS: 5 | 5.1 | No owner of any Property shall permit the Property or any Building | |-------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 5.2 | Every building and every part thereof shall be maintained in a Structurally sound condition so as to be capable of safely sustaining | | 5.3 | Grass on any Property, except for that Property or any part thereof Being used for Agricultural Purposes, shall be maintained. | | | Where Property that is undeveloped or in the process of being Developed meets or shares a common boundary with any other land, | | 5.4 | At the discretion of the Enforcement Officer the requirement to maintain The grass on that property in accordance with subsection (a) may be Limited to a distance of not less than (20) meters from the common Boundary. | | 5.5 | Any vehicle that does not display on the windshield affixed to the motor Vehicle, a valid unexpired motor vehicle inspection approved sticker Issued under the Highway Traffic Act, R.S.P.E.I 1988, Cap.H-5, as amended, And is 5.5.1 inoperative by reason of removed wheels, battery, motor, trans- | | | 5.5.2 | in a state of disrepair or is unsightly by reason of missing doors, | |-----|-------------------------------------------------------------------------------|-------------------------------------------------------------------------------| | | | Glass, or body parts, | | | | Shall not be parked, stored or left on any property. | | 5.6 | All Property shall be kept clean and free of; | All Property shall be kept clean and free of; | | | | 5.6.1 objects or conditions that may create fire, health or accident | | | | Hazards; or | | | 5.6.2 | heavy undergrowth, with the exception of any land being used for | | | | Agricultural Purposes. | | | 5.6.3 | litter. | | 5.7 | Property on which a Vacant Building is located shall be secure to prevent | Property on which a Vacant Building is located shall be secure to prevent | | | Unauthorized access to the Vacant Building by: | Unauthorized access to the Vacant Building by: | | | 5.7.1 | having the doors and windows or other openings replaced or | | | | Repaired and locked, provided that all windows shall be secure by | | | | Use of a clear hard material such as, but not limited to, glass or other | | | | Clear Polymer material, of at least 5 mm in thickness; or | | | 5.7.2 | in the event continued damage to property occurs after subsection | | | | (a) above has been complied with or where unauthorized access is | | | | Occurring, covering the doors and windows or other openings with a | | | | Solid wooden material; and | | | 5.7.3 | securing the land on which the Vacant Building is located with a | | | | Fence at least 1.5 meters in height; or | | | 5.7.4 | a combination of all or any of the above if prior written approval of | | | | The proposed measures for securing the Vacant Building is obtained | | | | From the Enforcement Officer, or the Chief Administrative Officer. | | 5.8 | Where wooden material is used to secure a Vacant Building in shall be | Where wooden material is used to secure a Vacant Building in shall be | | | Painted to match the trim color of the Vacant Building and all materials used | Painted to match the trim color of the Vacant Building and all materials used | | | To cover the openings must properly fit inside the outer window, door trim | To cover the openings must properly fit inside the outer window, door trim | | | Or other openings. | Or other openings. | | 5.9 | All materials used to secure a Property shall be properly maintained, which | All materials used to secure a Property shall be properly maintained, which | - 5.10 Includes the replacement of any materials, painting, or other work Necessary for good maintenance of the Property in relation to the Surrounding neighborhood. Where a Property or Building has been secured pursuant to Section 5.7 For more than eighteen (18) months, it may be referred to Council and Council may order it to be repaired or demolished in accordance with Part V1 of this Bylaw. ## PART V1; STANDARD FOR REPAIRS, VACATION OR DEMOLITION 6 - 6.1 The following standards shall be applied by the Bylaw Enforcement Officer, Chief Administrative Officer, or Council in ordering repair, Vacate, or demolition of Property. - 6.1.1 any property that is in a condition that makes it dangerous to Health, safety or general welfare of its occupants, or occupants Of adjoining property, the general public or is a Dangerous or Hazardous Building shall be ordered vacated, repaired or Demolished. - 6.1.2 any property that can reasonably be brought into compliance With the requirements of this Bylaw shall be ordered repaired; - 6.1.3 any property that cannot reasonably be repaired or that has Been ordered repaired have not been completed by the deadLine set out in the Notice pursuant to Section 7.3.3 herein or any Extension granted pursuant to Section 7.9 shall be ordered Demolished; and - 6.1.4 all designed heritage buildings pursuant to applicable Bylaws shall Receive a recommendation from a Heritage Review Board prior To demolition of the building or any part thereof. - 6.2 In addition to any Notice which may be issued pursuant to Part V11, The Bylaw Enforcement Officer or Chief Administrative Officer shall place | | | The following "Dangerous or Hazardous Building Notice" on any Dangerous | |---------------------------------|---------------------------------|---------------------------------------------------------------------------| | | | Or Hazardous Building. | | | | "This Building has been found to be a Dangerous or Hazardous Building by | | | | The Bylaw Enforcement Officer or the Chief Administrative Officer | | | | Pursuant to the Municipality of Morell Dangerous, Hazardous, and | | | | Unsightly Premises Bylaw. Pursuant to the Bylaw, this Notice is to | | | | Remain on this building until it is vacated, repaired, or demolished | | | | In accordance with the Notice which has been given to the Owner of the | | | | Building. It is unlawful to remove this Notice until such Notice is | | | | Complied with." | | | 6.3 | A demolition order may only be issued pursuant to a resolution of | | | | Council. | | PART V11: ENFORCEMENT STANDARDS | PART V11: ENFORCEMENT STANDARDS | PART V11: ENFORCEMENT STANDARDS | | 7 | 7 | 7 | | | 7.1 | This Bylaw Enforcement Officer, Chief Administrative Officer, or his | | | | /her designate, may inspect any property where in their opinion such | | | | Property violates any of the provisions of this Bylaw. | | | 7.2 | Where, in the opinion of the Bylaw Enforcement Officer, Chief | | | | Administrative Officer, or his/her designate, any Property that does | | | | Not meet the requirements of this Bylaw, he/she shall issue a Notice | | | | Pursuant to Section 7.3. | | | 7.3 | The Notice shall be issued to the Owner and shall: | | | | 7.3.1 be in writing; | | | | 7.3.2 state in which respects) the Property does not meet | | | | The requirements of this Bylaw and what must be done | | | | To the property to bring it into compliance with the | | | | Requirements of this Bylaw; and | | | | 7.3.3 state the date before which the Property shall be brought | | | | In to compliance with the requirements of this Bylaw, which | | | Date is not to exceed ninety (90) days from the date | |-----|--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------| | 7.4 | The Notice shall be served; | | | Property. In any prosecution for an offence under this Bylaw, which proof Of the service of the Notice is made, the burden of proving that He/she is not the person named or referred to in the Notice shall Be upon the person charged. | | | No action, prosecution or other proceedings shall be brought Or shall be instituted against the Rural Municipality of Morell, | | 7.6 | | | 7.7 | Its employees, or agents for any authorized act done in Pursuance or execution or intended execution of any duty, Or duty authorized done under the Bylaw in respect of any Alleged neglect, or default, in the execution of any such duty | | | Or authority. | | | Any expenses incurred by the Rural Municipality of Morell for | | | Removing or remedying the cause of the "Unsightly Premises" | | | As defined in Part 111,Section 3.15, or Part V, Section 5.6 of the | | 7.8 | | 7.9 PART V111: NON-COMPIANCE 8 8.1 8.2 Bylaw, shall be paid by the Owner or occupier of the premises And shall be a debt owing to the Rural Municipality of Morell And recoverable in any court of competent jurisdiction. The Bylaw Enforcement Officer, or Chief Administrative Officer May extend the time of the compliance with any notice issued Pursuant to this Part provided there is evidence of intent to Comply with any such Notice and reasonable cause exists to Prevent immediate compliance. Where the Owner of the Property upon whom a Notice Pursuant to Part V11 has been served, does not comply with The requirements of such Notice, the Bylaw Enforcement Officer Shall notify the Municipal Council through the Chief Administrative Officer, who may authorize the Bylaw EnforceMent Officer, or Chief Administrative Officer to enter the Property without warrant or other legal process and thereupon Carry out any and all work as stated in the Notice in order to Bring the Property into compliance with the requirements of This Bylaw. A Resolution passed by the Municipal Council shall Be in effect for six (6) months from the date of passing and Enables the Bylaw Enforcement Officer or Chief Administrative Officer to re-enter at any time to remedy a recurring condition. The Chief Administrative Officer, with the assistance of the Municipal Solicitor, shall cause the costs of such vacation, rePair, demolition, or other work done to be charged against the Property as a Municipal Lien or to be recorded in a suit of law Against the Owner, provided that, in any cases where such Procedure is desirable and any delay thereby caused will not PART 1X: EMERGENCY CASES 9 9.1 PART X: SEVEFRABILITY 10 10.1 PART X1: INTERPRETATION 11 11.1 Be dangerous to the health, safety or general welfare of the People of the Rural Municipality of Morell, the Chief AdministRative Officer, shall notice the Municipal Solicitor to take legal Action to force the Owner to take all necessary actions to Comply with this Bylaw. In cases where it reasonably appears that there is immediate Danger to the life of any person, unless a "Dangerous or Hazardous Building" as defined herein is immediately Vacated, repaired, or demolished, the Chief Administrative Officer or his/her designate shall report such facts to the Public Works Manager or his/her designate, and the Public Works Manager or his/her designate shall take all steps to Effect the immediate repairs, or demolition of such Building. The costs of such emergency vacations, repairs, or demolition Of such Building shall be collected in the same manner as Provided in Section 8.2 of this Bylaw. It is the intention of the Municipal Council that each separate Provision of this Bylaw shall be deemed independent from all Other provisions of this Bylaw, such that if any provision of This Bylaw is declared invalid, all other provisions of this ByLaw shall remain valid and enforceable. In this Bylaw words importing the singular shall include the Plural and words importing the masculine gender shall PART X11: PENALTIES 12 12.1 12.2 Include the female gender and vice versa. Any person who contravenes Part V of this Bylaw is guilty Of an offence and liable on summary conviction. - 12.1.1 for first offence, to a fine of ONE HUNDRED DOLLARS ($100.00) and in default of payment to imprisonMent for a term of not more than five (5) days. - 12.1.2 for a second offence, to a fine of FIVE HUNDRED DOLLARD ($500.00) and in default of payment to imprisonMent for a term of not more than twenty (20) days. - 12.1.3 for a third offence, to a fine of ONE THOUSAND DOLLARS ($1000.00) and in default of payment to Imprisonment for a term of not more than thirty (30) days. - 12.1.4 for a fourth or subsequent offence of a maximum Amount of FIFTEEN HUNDRED DOLLARS ($1500.00) or for A term pf imprisonment not exceeding six (6) months. Any person who contravenes Part V1 or Part V11 of this Bylaw is guilty of an offence and liable: - 12.2.1 for first offence, a fine of THREE HUNDRED DOLLARS ($300.00) in default of payment to imprisonment For a term of not more than sever (7) days. - 12.2.2 for a second offence, a fine of SEVEN HUNDRED DOLLARS ($700.00) and in default of payment to imprisonMent for a term of not more than thirty (30) days. - 12.2.3 for a third offence, a fine of TWELVE HUNDRED DOLLARS ($1200.00) and in default of payment toimprisonMent for a term not more than forty-five (45) days. - 12.2.4 for fourth and subsequent offence to a fine of PART X11: REPEAL 13 12.3 13.1 FIFTEEN HUNDRED DOLLARS ($1500.00) and in default Of payment to imprisonment for a term not exceeding six (6) months. For each offence, and where an offence under this Bylaw Is committed or continued to be committed for more than One (1) week, the person who committed the offence is Liable to be convicted for a separate offence. All former bylaws of the Rural Municipality of Morell Pertaining to Dangerous, Hazardous, and Unsightly Premises are hereby repealed. ## EFFECTIVE DATE The effective date of the Dangerous, Hazardous and Unsightly Bylaw is the date on which the Bylaw was adopted by the Rural Municipality of Morell. ## FIRST READING This Bylaw was read a first time by the majority of Councillors at the Council Meeting held on the 17t Day of August, 2020. This Bylaw was approved by the majority of Councillors present at the Council Meeting held on the 17th August, 2020. ## SECOND READING This Bylaw was read a second time by the majority of Councillors present at the Council Meeting held on the 21th day of September, 2020. This Bylaw was approved by the majority of Council present at the Council Meeting held on the 21th day Of September, 2020. ## ADOPTION AND APPROVAL This Bylaw was adopted and approved by the majority of the Councillors present at the Council meeting held on the 21th day of September 2020.   Davel Mac Mam David MacAdam, Mayor Lenni ter Jennifer Phelan, CAO Paelen Filed on behalf of the Minister of Fisheries and Communities in accordance with s.129 of the Municipal Government Act.