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POLICY
PURPOSE
The purpose of the Enforcement - Dangerous or Unsightly Premises Policy is to outline what is required
to initiate an investigation of a property and the steps that will be followed through an investigation,
order, clean-up and/or demolition of a property.
Dangerous or unsightly premises and/or properties subject to this policy will be as defined in Section 3(r)
of the Municipal Government Act of Nova Scotia.
(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 or 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 of 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.
POLICY
It is the policy of the Town of Shelburne to ensure a consistent method of investigation of dangerous or
unsightly properties and steps that will be followed through an investigation, order, appeal, clean-up
and the process for demolition of a property.
DEFINITIONS
Administrator - Staff assigned to carry out duties under Dangerous and Unsightly Policy, CAO or By-Law
Enforcement Officer.
MGA - Municipal Government Act SNS 1998, c. 18, part XV
TOWN OF SHELBURNE
DANGEROUS OR UNSIGHTLY PREMISES POLICY
POLICY
DELEGATION
The Council delegates the authority to act where property is dangerous or unsightly to the
Administrator, except the authority to order demolition.
REPORT OF DANGEROUS OF UNSIGHTLY PROPERTY
The Town of Shelburne shall only investigate a dangerous property once a complaint has been received.
A complaint of a dangerous or unsightly property can be made by a resident or
ratepayer of the Town of Shelburne (the "complainant"). The complaint shall be made in writing using
the Dangerous or Unsightly Premises Complaint Form (Appendix A) and submitted to the Town of
Shelburne either in person at the Town Office or via email. Each complaint will be recorded on a form
for this purpose and, within fourteen (14) days, will be followed by a site inspection and an initial site
inspection report, conducted, and prepared by the Administrator. Complaints shall be considered
confidential but are subject to Part XX of the MGA & Freedom of Information and Protection of Privacy
Act.
Notwithstanding the above, the Administrator may act in the absence of a complaint or where it is
deemed a property poses an immediate safety concern subject to the MGA, Part XV, section 350.
INVESTIGATION
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
as necessary to document its condition.
If the Administrator determines that the property is not dangerous or unsightly, no action will be
taken, and the complainant shall be advised accordingly.
If the Administrator determines that the property is unsafe, the Administrator may make an order to
vacate the premises.
If the Administrator determines that a dangerous or unsightly condition requires immediate action in
order to protect public safety, the Administrator may immediately take action to prevent damage or
remove the dangerous structure or condition.
If the Administrator determines that the property is dangerous or unsightly, and where immediate
action is deemed unnecessary, the Administrator shall so advise the property owner by regular mail,
posting in a conspicuous place on the property or personal service, of what is required to remedy the
unsightly or dangerous condition within thirty (30) days, or other reasonable time frame dependent on
the extent of work to be done, inclement weather or other restrictions (Appendix B).
CLEAN-UP ORDER
In the event that the dangerous or unsightly condition has not been remedied in accordance with a
notice given, the Administrator may order an owner to remedy the condition. The Order shall be posted
on the property in a conspicuous place and a copy shall be sent to the owner by regular mail or personal
POLICY
service. The Order shall give the owner thirty (30) days to remedy the condition, or other reasonable
time frame dependent on the extent of the work to be done, inclement weather or other restrictions
(Appendix C). An Order made by the Administrator may be appealed to the Council within seven (7)
days after the Order is made.
APPEAL PROCESS
Appeals can be made at any time up to seven (7) days after receiving or having an Order posted to a
property. Consideration may be given to property owners who ask for extensions to remedy orders
based on special circumstances. Appeals can be submitted in writing to Town Council for consideration
or the property owner may appear at an appeal hearing prior to a Town Council meeting to discuss the
Order with Town Council in person. In order to appeal an order, the property owner must complete the
proper form and submit it to the Executive Assistance. (Appendix D)
DEMOLITION
In the event that the Administrator determines that the property is dangerous or unsightly and is of the
opinion that to remedy the condition demolition is necessary, a recommendation will be sent to the
Town Council for consideration. The owner shall be given notice of the Council session where the matter
is to be discussed in accordance with the MGA. The owner may write to the Town Council or appear as a
delegation at the meeting by contacting the Executive Assistant.
If Council considers demolition necessary to remedy the property, an Order will be issued to the owner
of the property with directions to demolish. The Order shall be posted in a conspicuous place on the
property and a copy shall be sent to the owner by regular mail or personal service. The Order shall give
the owner thirty (30) days to remedy the condition, or other reasonable time frame dependent on the
extent of the work to be done, inclement weather or other restrictions.
COURT ORDER
Notwithstanding the above, the Town of Shelburne may also apply to a court of competent jurisdiction
for a declaration that a property is dangerous or unsightly and for an order specifying the work required
to be done to remedy the condition.
ENFORCEMENT
Where an owner fails to comply with an Order made pursuant to the Policy herein within the time
specified, the Administrator may enter upon the property without warrant or other legal process in
order to carry out the work specified in the Order without further notice to the owner. Where the
Administrator intends to carry out the work specified in an Order, the Administrator shall obtain an
estimate of cost involved and obtain approval of the CAO before carrying out the work.
CHARGES
Where the owner fails to comply with an Order made herein within the specified time, the owner may
be charged pursuant to the powers granted under Part XV and Section 507 of the MGA. The MGA
provides for the recovery of any money expended by the municipality under a dangerous or unsightly
premises order. Where a municipality lawfully causes work to be done under the MGA, the cost of the
POLICY
work, along with interest owing, is considered the first lien on the property. Under the MGA, section
507; 133.3 (bz), a lien is defined as a tax and therefore is recoverable by the municipality as taxes.
The municipality may prosecute for failure to obey the order by issuing a summary offence ticket. Each
day during which the condition is not remedied is a separate offense of not less than one hundred
($100) dollars and not more than ($5,000) under the MGA, section. 348.
Approved by Council: March 5th, 2019
Dangerous & Unsightly POLICY
Name:
Address:
Address of Dangerous and Unsightly Property:
Email Address:
Phone Number:
* Complaints shall be considered confidential but are subject to Part XX of the Municipal Government
Act & Freedom of Information and Protection of Privacy Act.
Check any that apply:
Ashes, junk, cleanings of yards or other rubbish or refuse or a derelict vehicle, vessel,
item or equipment or machinery, or bodies of these or parts thereof,
An accumulation of wood shavings, paper, sawdust, dry and inflammable grass or weeds
or other combustible material, or,
Any other thing that is dangerous, unsightly, unhealthy or offensive to a person, and
includes property, a building or structure,
That is in a ruinous or dilapidated condition,
The condition of which seriously depreciates the value of land or buildings in the
vicinity,
That is in such a state of non-repair as to be no longer suitable for human habitation or
business purposes,
That is an allurement to children who may play there to their danger,
Constituting a hazard to the health or safety of the public,
That is unsightly in relation to neighbouring properties because of exterior finish of the
building or structure or the landscaping is not maintained,
That is a fire hazard to itself or to surrounding lands or buildings, or
That has been excavated or had fill placed on it in a manner that results in a hazard.
Appendix A
Complaint Form
Dangerous & Unsightly POLICY
Please provide specific details of the infraction:
FOR OFFICE USE ONLY
Date of Property Inspection:
Order to Remedy Necessary:
yes
no
Date Complainant Notified of Action:
Case #
Case Administrator:
RETAIN THIS FORM IN CASE FILE
Dangerous & Unsightly POLICY
Administrator:
Case #:
Property Address & PID:
Date of Complaint:
Reason for Complaint:
Property Background:
(Previous orders against property / other complaints against property)
Chronology of Case Activities
Date
Action
Notes
Initial Complaint Filed
Property Inspection
Order to Remedy
Conversations with Owner
Appeal
Inspections
Closing of Case
Appendix B
Investigation and Case Form
Dangerous & Unsightly POLICY
Financial Implications:
(Expenses incurred by the Town, Liens, Summary Offense Tickets)
Risk Considerations / Environmental Implications:
Files Attached:
Appendix A - Complaint Form
Appendix C - Order
Appendix D - Appeal
Photographs etc.
Dangerous & Unsightly POLICY
Date:
Order Served Upon:
Address / PID:
This is to advise you that you are in violation of the Municipal Government Act Part XV, Dangerous and
Unsightly Premises. A copy of the Dangerous and Unsightly Premises Policy for the Town of Shelburne is
attached to this notice.
Details of Violation:
Violation to be remedied as per the following:
.
You will have 30 days in which to rectify the violation. If you wish to appeal this order, you may do so by
contacting the Town Clerk within seven (7) days of the date of this notice. Your appeal will be brought
to Town Council in writing and/or in-person as a delegation for consideration. (See Form - Schedule D)
Notice of Re-inspection:
A re-inspection will be performed after
to confirm the above noted violation(s)
has been rectified. If you have any questions regarding this matter, please contact the issuing officer
prior to the re-inspection date.
Dana Nash
By-Law Enforcement Officer
902-875-6482
dana.nash@shelburnens.ca
Appendix C
Order to Remedy
Dangerous & Unsightly POLICY
Failure to obey this order may result in Summary of Offense tickets, where each day during which the
condition is not remedied is a separate offence, to a penalty of not less than one hundred ($100) dollars
and not more than five thousand ($5,000) dollars per day. MGA Part XV, s.348 (4)
Failure to obey this order allows the administrator to enter upon the property without warrant or other
legal process and carry out the work specified in the order. Where a municipality lawfully causes work to
be done under the MGA, the cost of the work, along with interest owing, is considered a first lien on the
property. MGA Part XV, s.348 (3)
Dangerous & Unsightly POLICY
Name:
Property Address:
Mailing Address:
Email Address / Phone Number:
Date of Order:
Appeals can be made at any time up to seven (7) days after receiving or having an Order posted to a
property. Consideration may be given to property owners who ask for extensions to remedy orders
based on special circumstances. Please select one of the following reasons for your appeal:
Weather conditions
Illness
Estate
Monetary
Other
Do not agree with the complaint against the property
Please explain the reason for appeal:
I wish to attend the Appeal Hearing as a delegation
If you choose to attend as a delegation, the Executive Assistant will inform you of the next available
Town Council Meeting. Appeals are held prior to the Regular Town Council meeting. Your appeal
with be reviewed and you will be contacted by either the Executive Assistant or the Administrator in
regard to your request.
Executive Assistant
Jill.webb@shelburnens.ca
168 Water Street, PO Box 670, Shelburne, NS, B0T 1W0
Appendix D
Notice of Appeal
Dangerous & Unsightly POLICY
The Chair will open each of the hearings and address the following:
-
The Chair will ask the Appellant to identify themselves or the representative will identify
themselves and provide a signed letter from the Appellant
-
The Chair will briefly explain how the hearing will proceed
-
The Town of Shelburne Administrator will explain the basis for the order under review and
provide documentation of the case
-
Town Council may ask questions to the Administrator for clarification
-
The Appellant may ask questions to the Administrator for clarification
-
Witnesses may be permitted to provide factual evidence relevant to the appeal
-
Appellant's Presentation - The Appellant is given up to ten (10) minutes to support the appeal
-
Town Council may ask questions to the Appellant or witnesses
-
Town Council may ask questions to the Administrator
-
The Administrator may ask questions to the Appellant
-
Town Council then debates their decision and renders a decision with the Appellant (or their
representative) present
-
Upon motion, Town Council may move In-Camera (In Private) to obtain confidential legal advice
at any time during the process
-
Town Council has four (4) alternatives:
o Cancel the Order (allow the appeal)
o Amend the Order (change the conditions)
o Keep the Order as is (appeal dismissed)
o Continue the hearing at a later date (defer)
If the Appellant is not present, the Executive Assistant will notify them of Town Council's decision.
All decisions made during an Appeals Hearing will be documented in the case files by the Administrator
and a copy will be sent to the Appellant.
Hearings to Town Council are open to the public and any information, including personal information,
which is provided or obtained in relation to your appeal, will be matter of public record.
Order of Proceedings for Appeals to Town
Council