This is the exact embedded text of the captured official document.
Snapshot 3c64ba46f2d8 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
C i t y
o f
S u m m e r s i d e
P a g e 1 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
E f f e c t i v e
D a t e :
2 0
J u n e
2 0 2 2
CORPORATION OF THE CITY OF SUMMERSIDE
BYLAW NAME:
VACANT BUILDING BYLAW
BYLAW #:
CS-36
BE IT ENACTED by the Council of the City of Summerside as follows:
1.
Title
1.1.
This bylaw shall be known and cited as the "The Vacant Building Bylaw."
2.
Authority
2.1.
Section 180 of the Municipal Government Act, RSPEI 1988, c M-12.1 authorizes council to
enact bylaws for municipal purposes respecting the safety, health and welfare of people and
the protection of persons and property, nuisances, dangerous or unsightly property, as well
as the regulation of real property maintenance.
2.2.
Section 182 of the Municipal Government Act, RSPEI 1988, c M-12.1 authorizes council to
regulate any activity over which it has jurisdiction and to provide a system of permits.
3.
Application
3.1.
This bylaw applies to all persons, properties, and premises in the City of Summerside.
4.
Definitions
4.1.
In this bylaw:
(a)
"Act" means the Municipal Government Act, RSPEI 1988, c M-12.1;
(b)
"City" means the City of Summerside;
(c)
"Council" means the Mayor and other members of the Council of the
municipality;
(d)
"inspector" includes an Enforcement Officer, the Director of Fire Services,
Director of Police Services, Building Officer, Director of Municipal Services, or
their designates, who carry out the duties assigned by Chief Administrative
Officer;
(e)
"owner" means the registered owner, occupant of, or person in charge of any
real property;
(f)
"person"
includes
any
individual,
association,
corporation,
contractor,
commission, public utility, firm, partnership or organization of any kind, and
includes both principal and agent in an agency situation;
(g)
"premises" means any grounds, yards, or vacant lots;
C i t y
o f
S u m m e r s i d e
P a g e 2 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
E f f e c t i v e
D a t e :
2 0
J u n e
2 0 2 2
(h)
"property" includes all or any part of lands, buildings, foundations, scaffolding,
fences, excavations, depressions, drains, ditches, culverts, wells, or loose
impediments;
(i)
"vacant building" means any building that has not been occupied, for at least
ninety (90) days, by the owner or a person authorized by the owner.
5.
Administration
5.1.
This Bylaw shall be administered and enforced by inspectors.
5.2.
Where an inspector determines that any building constitutes a vacant building, or that there
has been any other contravention of this bylaw, the inspector may issue an order.
5.3.
An inspector is authorized to
(a)
inspect any building or premises in the City for the purpose of enforcing this
bylaw;
(b)
remedy anything the inspector determines is in contravention of this bylaw;
(c)
enforce any provision of this bylaw;
(d)
require that anything be produced to assist in the inspection, remedy,
enforcement or action;
(e)
make copies of anything related to the inspection, remedy, enforcement or
action; and
(f)
do any other thing for the administration and enforcement of this bylaw which
Council, by resolution, authorizes.
5.4.
An inspector acting under this bylaw shall display or produce, on request, identification and
documentation showing that the person is authorized to carry out duties specified under this
bylaw.
5.5.
Except in the case of an emergency or other extraordinary circumstances, where an inspector
intends to take any action authorized by section 5.3 above, they shall give not less than 24
hours' notice to the owner or occupier of the property.
5.6.
An inspector acting under this bylaw shall not enter a dwelling without a warrant issued under
the Summary Proceedings Act or an order issued under section 237 of the Municipal
Government Act unless the occupant consents to the entry.
5.7.
An order shall be in the form included at Schedule "B" of this bylaw.
6. Vacant Buildings
6.1.
Every owner of a vacant building, including a building which is vacant on the day this provision
comes into force, shall ensure that such vacant building is registered with the City in
accordance with this bylaw and shall obtain a Vacant Building Permit.
6.2.
Every owner of a vacant building shall display, in a prominent place on the property on which
such vacant building is located, a valid Vacant Building Permit issued by an inspector with
respect to the vacant building;
6.3.
Every Vacant Building Permit expires
C i t y
o f
S u m m e r s i d e
P a g e 3 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
E f f e c t i v e
D a t e :
2 0
J u n e
2 0 2 2
(a)
on the fourth (4th) anniversary of the date on which a Vacant Building Permit
was issued for a vacant building, if the registration is not renewed before its
expiry;
(b)
when the Vacant Building Permit is revoked under this bylaw;
(c)
when the vacant building is sold or otherwise transferred to a new owner; or
(d)
when an inspector is satisfied that the building is no longer vacant.
6.4.
To register a vacant building or to renew a registration for a vacant building and to obtain a
Vacant Building Permit, the owner of the vacant building shall:
(a)
complete and submit to the Building Officer an application in the form
published by the Building Officer from time to time;
(b)
submit the registration fee provided for in Schedule "D" hereto; and
(c)
provide such floor plans, records and/or reports prepared by a qualified
person as may be required by the Building Officer.
6.5.
On receipt of the materials and registration fee, the Building Officer may either issue a Vacant
Building Permit or, if the application is incomplete, contains false or misleading information or
registration fees are not paid, may refuse to issue the Vacant Building Permit until such time
as the required information and/or fee is provided.
6.6.
Every owner of a vacant building shall notify the Building Officer of any change in
circumstances relating to any information provided to the Building Officer under section 6.4 of
this bylaw within ten (10) business days after the change occurs.
6.7.
The Building Officer may revoke a Vacant Building Permit issued if, in the opinion of the
Building Officer, circumstances warrant such revocation.
6.8.
Every owner of a vacant building shall
(a)
ensure that the building complies with all applicable statutes, regulations, and
bylaws, including but not limited to the Building Code Act, and the Fire
Prevention Act;
(b)
ensure, prior to securing the vacant building in accordance with paragraph (c)
below, that an inspection of the vacant building is conducted by both an
inspector and an individual representing the Fire Department, and that all
inspection fees provided for in Schedule "D" are paid;
(c)
after the Vacant Building has been inspected and all orders issued pursuant
to such inspections are complied with, secure the vacant building to prevent
unauthorized access to the vacant building by:
A.
having the doors and windows or other openings replaced or repaired
and locked;
B.
covering the doors and window or other openings with a solid wooden
material;
C.
securing the land on which the vacant building is located by a fence
at least 1.5 meters in height; and
D.
ensuring that all services to the vacant building, including but not
limited to gas, water and electrical service, are shut off and/or
C i t y
o f
S u m m e r s i d e
P a g e 4 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
E f f e c t i v e
D a t e :
2 0
J u n e
2 0 2 2
disconnected in accordance with procedures approved by the
relevant service provider and to the satisfaction of the Building Officer;
or
E.
a combination of all or any of the above if prior written approval is
obtained from the Inspector, and
the owner shall ensure that all material used to secure a vacant building is
properly maintained.
(d)
Satisfy the Building Officer that an individual retained by the owner attends at
the property to monitor the condition of the vacant building at such intervals
as may be required in writing by the Building Officer.
6.9.
The owner of a vacant building may apply to the Building Officer for a temporary exemption,
not to exceed six (6) months, from the boarding up requirements contained in section 6.8
above, and the Building Officer may grant such temporary exemption if they determine that it
is in the public interest to do so.
6.10.
Notwithstanding section 6.8 above, no owner of a vacant building shall board up a commercial
storefront without first obtaining the approval of the Building Officer, which approval may be
subject to such conditions as the Building Officer considers appropriate.
7.
Order to Remedy Contravention
7.1.
Where, in the opinion of an inspector, any vacant building does not meet the requirements of
this bylaw, the inspector may issue an order requiring the person to
(a)
take such steps as are necessary to ensure that the vacant building is safe
and secure; or
(b)
take any action or measure necessary to remedy the contravention of this
bylaw and, if necessary, to prevent a re-occurrence of the contravention.
7.2.
The order shall be issued to
(a)
the registered owner of the property; or
(b)
the occupier of the property.
7.3.
The order may require the person to whom it is addressed, within a period of time specified in
the order to
(a)
remedy the condition of the property in a manner and to the extent directed
in the order;
(b)
obtain a Vacant Building Permit forthwith;
(c)
secure the vacant building in accordance with section 6 herein;
(d)
do any other thing to remedy a contravention of this bylaw; or
(e)
do all or any of the matters specified in clauses (a) to (d).
7.4.
The order shall:
(a)
be in the form provided in Schedule "B" of this bylaw;
C i t y
o f
S u m m e r s i d e
P a g e 5 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
E f f e c t i v e
D a t e :
2 0
J u n e
2 0 2 2
(b)
state in which respect(s) the vacant building does not meet the requirements
of this bylaw or any other bylaw and what must be done to the property to
bring it into compliance; and
(c)
state the date which the property shall be brought into compliance, which
date is not to exceed thirty (30) days from the date the order is deemed to be
served pursuant to section 7.6;
(d)
state that if the person does not comply with the order within the prescribed
time frame, the municipality shall take the action or measure at the expense
of the person.
7.5.
The order shall be served on the person notified
(a)
by personal delivery thereof to that person;
(b)
by posting the order by registered mail with postage prepaid addressed to that
person at the person's latest known address; or
(c)
where the address of that person is unknown, by posting the order in a
conspicuous place on the property.
7.6.
The date of the service of the order shall be
(a)
on the date of delivery where personal service is made;
(b)
on the date stated on the written acknowledgment of receipt where service by
mail is made; or
(c)
on the date of the posting where posting is made on the property.
7.7.
Proof of service of the order may be made by a certificate signed by the person serving the
order setting forth the manner in which service was made and specifying the time of service.
7.8.
A certificate made under subsection 7.7
(a)
shall be in the form provided at Schedule "C" of this bylaw;
(b)
is proof of the signature of the person certifying; and
(c)
is proof that the person named in the order received notice of the matters
referred to in the order.
7.9.
An order continues in force for a period of twelve months from the date on which it is served
on the person to whom it is addressed and, if that person permits the property that is the
subject of the order to revert to a state contrary to this bylaw while the order is in force, the
person shall be deemed to have failed to comply with the order and it may be enforced against
the person accordingly, but without prejudice to the issue of a new order in respect of that
property.
7.10.
An inspector may extend the time for compliance with any order issued pursuant to this part,
provided there is evidence of intent to comply with any such order and reasonable cause
exists to prevent immediate compliance.
7.11.
Any extension of the time for compliance under subsection 7.10 will not extend the time for
filing an appeal under section 8.
8.
Appeals
C i t y
o f
S u m m e r s i d e
P a g e 6 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
E f f e c t i v e
D a t e :
2 0
J u n e
2 0 2 2
8.1.
A person to whom an order is issued may, within fourteen (14) days from the date of service,
appeal the order by filing a notice of appeal with the Chief Administrative Officer.
8.2.
The notice of appeal filed under this section shall be in writing, on a form attached hereto as
Schedule "A", and shall state the grounds for the appeal, the relief sought and the name and
address of the person making the appeal.
8.3.
The Chief Administrative Officer shall forthwith deliver the notice of appeal and any supporting
documentation to the Council and the inspector who issued the order.
8.4.
Upon Council's receipt of the notice of appeal, Council shall:
(a)
determine a date, place and time for a hearing of the matter, which hearing
shall take place not less than seven (7) days, and not more than thirty (30)
days from the date of Council's receipt of the notice of appeal;
(b)
advise the owner in writing of the date, place and time of the hearing; and
(c)
provide the owner with a copy of any materials relied upon by the inspector to
justify the issuance of the order.
8.5.
Council shall preside at the hearing and has the right to decide any matter of procedure not
otherwise provided in this bylaw.
8.6.
The owner shall be permitted to make submissions, adduce evidence, and question the inspector
at the hearing.
8.7.
After the hearing, the Council may, by resolution,
(a)
confirm the order;
(b)
vary the terms of the order;
(c)
substitute its own order for the order reviewed; or
(d)
rescind the order.
8.8.
Council shall include in the recitals of the resolution referred to in subsection 8.7 brief written
reasons for its decision.
8.9.
Council shall provide a certified copy of the resolution to the person making the appeal.
8.10.
Council's decision in the matter is final and there shall be no further right to appeal an order
issued under this bylaw.
9. Failure to Comply with Order
9.1.
Where a person on whom an order has been served fails to comply with the order or an order
of the Council made under section 8, the inspector may carry out the directives contained in
the order and charge the costs of the work done to the person to whom the order was issued
and the person so charged is personally liable therefore; neither the City, the Council nor the
inspector is personally liable for any action taken under this section, nor for the costs of any
goods, materials or labour incurred in exercising powers vested in the inspector under this
section.
10. Order for Costs of Remediation
C i t y
o f
S u m m e r s i d e
P a g e 7 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
E f f e c t i v e
D a t e :
2 0
J u n e
2 0 2 2
10.1.
The Council hereby authorizes an inspector to issue an order for the costs of carrying out the
work done under section 9 against the person to whom the order was issued and the order for
costs shall be served in the manner provided in section 7.
10.2.
The cost incurred by the City to remedy a contravention of an order shall include an additional
administrative fee of 25% of the costs incurred to a maximum fee of $750.
10.3.
An order for the costs of remediation made under subsection 10.1 may be filed with the
Registrar of the Supreme Court at any time following thirty days after it is issued and, when so
filed, the order is of the same force and effect as if it were a judgment.
10.4.
An order for the costs of remediation made under subsection 10.1 shall also constitute a lien
on the property which shall have priority over every claim, privilege, or encumbrance of any
person except the Crown.
11. Offences and Penalties
11.1.
Any person who prevents or obstructs or attempts to prevent or obstruct an inspector from
carrying out their duties under this bylaw is guilty of an offence and liable on summary
conviction to a fine of not less than $100 and not more than $1,000.
11.2.
Any owner, if that person is an individual, who fails to obtain a Vacant Building Permit as
required under this bylaw shall be guilty of an offence and liable on summary conviction to a
fine of not less than $3,000 and not more than $5,000.
11.3.
Any owner, if that person is a corporation, who fails to obtain a Vacant Building Permit as
required under this bylaw shall be guilty of an offence and liable on summary conviction to a
fine of not less than $5,000 and not more than $10,000.
11.4.
Where a contravention of this bylaw continues for more than one day, the person responsible
for the contravention is guilty of a separate offence for each day or part of a day on which the
contravention occurs and shall be liable to a fine of $1,000 for each day or part day on which
the contravention occurs after the first day.
11.5.
The court may, in addition to any other penalty imposed, order the person to comply with this
bylaw.
12. Exemptions
12.1.
An owner is not required to obtain a Vacant Building Permit for the following:
(a)
a vacant building for which the owner holds a valid demolition permit granted
by the Building Officer, provided that the demolition occurs within six (6)
months of issuance of the demolition permit;
(b)
a vacant building which is occupied by the owner, or a person authorized by
the owner, on a seasonal basis; and
(c)
a vacant building, other than a dwelling, on property used as a farm.
13. Limitation of Liability
13.1.
The City, Council, inspectors, and persons acting under their instructions, or under the
authority of this bylaw are not personally liable for any loss or damage suffered by any person
by reason of anything in good faith done or omitted to be done in the exercise or purported
exercise of any powers given by this bylaw.
C i t y
o f
S u m m e r s i d e
P a g e 8 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
E f f e c t i v e
D a t e :
2 0
J u n e
2 0 2 2
14. Enforcement
14.1.
In addition to any matter authorized in this bylaw, this bylaw may be enforced, and any breach
thereof may be restrained by application by the Council to the Supreme Court of Prince
Edward Island in accordance with the Municipal Government Act or any successor legislation.
15. Severability / Conflicts
15.1.
It is the intention of 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.
15.2.
In the event of a conflict between this bylaw and the provision of any other enactment, the
most stringent requirement shall apply.
16. Evidence
16.1.
A copy of any writing, paper or document filed in the Court, or any statement containing any
information from the records of the Department of the Minister appointed pursuant to the
provision of the Real Property Assessment Act, RSPEI 1988, c R-4, shall be received in
evidence in Court without proof of signature and is prima facie evidence of the facts contained
therein as to the name of the owner of the real property and the corresponding civic address.
17. Transitional Provision
17.1.
An owner of a building which constitutes a vacant building on the day this bylaw comes into
force shall have sixty (60) days from the day this bylaw comes into force to bring the vacant
building into compliance.
18. Effective Date
18.1.
This Vacant Building Bylaw, Bylaw Number CS-36, shall be effective on the date of approval
and adoption by Council.
C i t y
o f
S u m m e r s i d e
P a g e 10 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
S C H E D U L E
" A "
CORPORATION OF THE CITY OF SUMMERSIDE
SCHEDULE:
Schedule "A"
BYLAW NAME:
Vacant Building Bylaw
BYLAW #:
# CS-36
This Schedule establishes the form to be used for filing an appeal pursuant to Section 8 of the Vacant
Building Bylaw.
CORPORATION OF THE CITY OF SUMMERSIDE
NOTICE OF APPEAL
(pursuant to Section 8 of the Vacant Building Bylaw)
CONTACT INFORMATION
Last Name:
First Name:
Company Name (if applicable):
Email Address:
Telephone Number:
Mailing Address:
APPEAL INFORMATION
List the reasons for your appeal (if more space is provided, kindly fill out a separate sheet and attach it to this form. If you intend to rely on
any documents, including photographs, videos, or witness statements, kindly attach them to this form as well):
RELIEF SOUGHT
List or describe the relief sought (if more space is required, kindly fill out a separate sheet and attach it to this form):
DECLARATION
I solemnly declare that all the statements and the information provided, are true, correct and complete. By signing this form, I consent to the
collection of my personal information:
Signature of Appellant:
Date:
In accordance with the Freedom of Information and Protection of Privacy Act, some of the information collected herein may be available to
the public.
C i t y
o f
S u m m e r s i d e
P a g e 11 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
S C H E D U L E
" B "
CORPORATION OF THE CITY OF SUMMERSIDE
SCHEDULE:
Schedule "B"
BYLAW NAME:
Vacant Building Bylaw
BYLAW #:
# CS-36
This Schedule establishes the form to be used for an order issued pursuant to the Vacant Building
Bylaw.
CORPORATION OF THE CITY OF SUMMERSIDE
ORDER
(Issued pursuant to the Vacant Building Bylaw)
TO:_________________________________________________________________________________
of_________________________________________________________________________________.
WHEREAS an inspection of real property designated as Parcel No. ___________________ located at
_________________________________________________, in Summerside, Prince Edward Island, has
been made by an inspector having authority under Bylaw # CS-36 the Vacant Building Bylaw;
AND WHEREAS the said inspector considers the property to be in contravention of the said Vacant Building
Bylaw in the following respect:
____________________________________________________________________________________
____________________________________________________________________________________
THEREFORE, YOU ARE HEREBY ORDERED TO: __________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
YOU ARE REQUIRED TO COMPLY with this Order within ______ days of the date of service of this Order.
IF YOU FAIL TO COMPLY WITH THIS ORDER within the time frame provided above, the City shall take the
action or measure required to bring the property into compliance, and any costs of expenses incurred shall
be a debt owing by you to the City and a lien against the property.
Dated this _____ day of _____________________, 20____
_______________________________
INSPECTOR
THIS ORDER MAY BE APPEALED TO COUNCIL PURSUANT TO
SECTION 8 OF THE VACANT BUILDING BYLAW BY FILING A NOTICE OF
APPEAL WITH THE CHIEF ADMINISTRATIVE OFFICER OF THE CITY OF
SUMMERSIDE WITHIN FOURTEEN (14) DAYS OF THE DATE OF THE
SERVICE OF THIS ORDER.
C i t y
o f
S u m m e r s i d e
P a g e 12 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
S C H E D U L E
" C "
CORPORATION OF THE CITY OF SUMMERSIDE
SCHEDULE:
Schedule "C"
BYLAW NAME:
Vacant Building Bylaw
BYLAW #:
# CS-36
This Schedule establishes the form to be used for the certificate referenced in Section 7 of the Vacant
Building Bylaw.
CORPORATION OF THE CITY OF SUMMERSIDE
CERTIFICATE OF SERVICE
(pursuant to subsection 7.7 of the Vacant Building Bylaw)
I, ________________________________________________________________________________, of
_________________________________________________________________,
Prince
Edward
Island,
declare that I did serve an Order issued pursuant to the Vacant Building Bylaw, a true copy of which is annexed
hereto in the manner indicated below:
( )
By personal delivery to the person to whom it is directed,
( )
By posting the Order by Registered Mail with postage prepaid addressed to the latest known address of
the person to whom it is addressed, or
( )
By posting the Order in a conspicuous place on the property that is the subject of the Order,
on ________________________, the _________ day of ______________________, 20____, at the hour
of ________ in the _______ noon at Summerside, in Prince County, Province of Prince Edward Island.
DATED this __________ day of ________________________, 20_______.
________________________________
C i t y
o f
S u m m e r s i d e
P a g e 13 | 13
B y l a w :
V a c a n t
B u i l d i n g
B y l a w
B y l a w
#
C S - 3 6
S C H E D U L E
" D "
CORPORATION OF THE CITY OF SUMMERSIDE
SCHEDULE:
Schedule "D"
BYLAW NAME:
Vacant Building Bylaw
BYLAW #:
# CS-36
This Schedule enumerates the fees to be imposed pursuant to the Vacant Building Bylaw.
Vacant Building Permit Fees (Years 1-4)
All Buildings
Year 1
$520.00
Year 2
$520.00
Year 3
$520.00
Year 4
$520.00
Sub-Total of Fees due at time of Registration
NOTE: The above fee may be partially refunded on a pro-rated basis, upon re-
establishing occupancy. See Refund Schedule Below.
$2,080.00
Administration - File set-up
$140.00
Pre-board-up Fire Inspection
$150.00
Pre-board-up Building Inspection
$115.00
Total of Fees due at time of Registration
$2,485.00
NOTE: Miscellaneous Inspection Fee
$115.00
Refund Schedule
All Buildings
Re-occupy During First Year
$1,560.00 refund
Re-occupy During Second Year
$1,040.00 refund
Re-occupy During Third Year
$520.00 refund
Re-occupy During the First Six Months of the Fourth Year
$275.00 refund