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Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 1
By-Law Name:
Property Standards
By-Law Number:
225
Description
A By-Law of the Municipal Corporation of the Hamlet of Cambridge Bay in the Nunavut Territory
to control and prevent the unsightly appearance of property and to minimize the effects of
unsightly land on adjoining property; pursuant to the Hamlets Act, R.S.N.W.T., 1988, c. H-1, s. 98,
173, 174, 176, 177 to 183, & 187, and pursuant to the Environmental Protection Act, R.S.N.W.T.,
1988, c. E-7 and pursuant to the Summary Convictions Procedures Act, R.S.N.W.T. 1988,c.S-15.
By-Law
WHEREAS it is deemed to be in the Public Interest to control and prevent unsightly property as
being a detriment to surrounding properties, the immediate neighborhood and the Community in
general;
WHEREAS the Council deems it advisable to pass a By-Law to regulate unsightly property; and
WHEREAS the purpose of this By-Law is to prevent the existence and proliferation of unsightly
land and to provide a mechanism for the restoration of property which has become unsightly land;
NOW THEREFORE THE HAMLET OF CAMBRIDGE BAY at a duly assembled meeting enacts
as follows:
Short Title
1.
This By-Law may be cited as the "Property Standards By-Law".
Interpretation
2.
In this By-Law:
a)
"Animal Material"
means any animal excrement and includes all material
accumulated on property from pet pens, yards,
kennels, veterinary clinics;
b)
"Consumable Animal
Material"
means animal material not being used in a traditional
manner, such as, rotting fish/meat/carcasses and
similar materials which may be in danger of attracting
predators and /or scavengers;
Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 2
c)
"Ashes"
means the powdery residue accumulated on property
left after the combustion of any substance and
includes any partially burnt wood, charcoal, coal or
other material;
d)
"Building Material"
means all construction and demolition material
accumulated on property 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;
e)
"Clean-Up Order"
means an Order issued under this By-Law or under
'Yard Regulations' of the Zoning By-law of the
Municipality, by an Enforcement
Officer
with
respect to unsightly property within the Hamlet;
f)
"Council"
means the Council of the Municipal Corporation of
the Hamlet of Cambridge Bay;
g)
"Enforcement Officer"
means a By-Law Officer or Development Officer as
appointed by Council;
h)
"Garbage"
means material composed of organic matter which is
or may become decomposed, including the by-
products from the preparation, consumption and
storage of food;
i)
"Inoperative Vehicles
or Machinery"
means such items that are unable to operate as a result
of being dismantled, broken, incomplete, decayed or
dilapidated, and in particular includes vehicles that
are wrecked, unlicensed, abandoned, without a valid
license, discarded or missing wheels, tires, body
components or windows;
j)
"Municipality"
means the Municipal Corporation of the Hamlet of
Cambridge Bay, which is represented by the Senior
Administrative Officer or his or her designate, except
when decisions of Council are required;
k)
"Owner"
includes, but is not limited to:
Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 3
i)
An agent, lessee or occupier of any land or
premises;
ii)
a person who has purchased or otherwise
acquired any interest in the property, whether he
has purchased or otherwise acquired any interest
in the property directly from the owner or from
another purchaser, and has not become the
registered owner thereof;
iii)
a person controlling the property under
construction; or
iv)
a person who is the occupant of the property
under lease, license or permit,
l)
"Property"
means any land, building or property, whether real or
personal within the Municipal boundaries of the
Hamlet of Cambridge Bay;
m)
"Right of Access"
means the right of an Enforcement Officer to enter
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 purpose of enforcing a
Clean Up Order;
n)
"Senior Administrative
Officer"(SAO)
means the Senior Administrative Officer of the
Municipality as appointed by Council;
o)
"Unsightly Land"
means:
1.
a premise not keeping with the surrounding
properties with a similar zoning under the Zoning
By-Law which when considering the usage of the
zone, is not neat, organized, and is not pleasing to
the sight due to lack of due care and attention;
2.
any property or part of it which is characterized by
visual evidence of a lack of general maintenance
and upkeep or by the storage and/or accumulation
on the property of:
1. any
rubbish,
refuse,
garbage,
papers,
packages, containers, bottles, cans, dirt, soil,
gravel, rocks, petroleum products, hazardous
Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 4
materials,
disassembled
equipment
or
machinery, broken household dishes, utensils,
cartons, fabrics, appliances, and furniture;
2. animal material, consumable animal material,
yard material,
ashes, building material,
garbage and inoperative vehicles or machinery
as defined by this By-Law;
3. all forms of garbage, paper, metal, machinery,
appliances & waste, as defined under the
Garbage By-Law as amended from time to
time; and
4. in the case of external surfaces of buildings,
unsightly land means unauthorized signs,
posters,
billboards,
graffiti,
obscene
or
offensive symbols, words, pictures or art; and
may include but is not limited to dilapidated
paint, siding, trim, roofing material and soffits,
fascia material and eaves troughs;
p)
"Vacant Building"
means a building having been unoccupied by persons
for a period of more than three (3) months;
q)
"Work Force"
means Municipal employees or contract workers
engaged by the Municipality for the purpose of
enforcing a Clean-Up Order.
1.
Application
1.
This By-Law shall apply to all property within the boundaries of the Municipality, as
defined by the Cambridge Bay Continuation Order, R.R.N.W.T. 1990,c.H-.
2.
No owner of property shall allow their property to become unsightly land as defined in this
By-Law.
2.
Vacant Buildings
1.
Where any property is vacant or unoccupied, the owner shall protect such property against
the risk of accident or intentional damage to the property arising from the entry of
unauthorized persons to the property, by preventing entrance by unauthorized persons, in
the most effective manner possible.
Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 5
3.
Fire Hazards
1.
In the event that an Enforcement Officer and/or the Fire Chief deems an unsightly or vacant
property to be, or likely be a fire hazard, the SAO may serve notice as per section 5,
requesting that the property be altered, removed, or demolished.
2.
As per Section 178 of the Planning Act, Council shall allow any person affected an
opportunity to be heard. Notice for the hearing shall be served at least three (3) days prior
to the hearing, unless Council is of the opinion that there is "imminent danger to public
health and safety"
4.
Consumable Animal Material Storage
1.
All consumable animal material must be kept in such a way so as to prevent the attraction
of flies, maggots, predators and or scavengers.
5.
Administration
1.
In determining whether a property is "Unsightly Land" as defined in this By-Law, an
Enforcement Officer shall have regard to the use and location of the property and the
provision of applicable Zoning By-Laws, other Hamlet By-Laws and any applicable
statutes and regulations of Canada and the Nunavut Territory.
2.
If an Enforcement Officer has reason to believe that any property is unsightly land, he may
exercise a right of access to the property in order to inspect the property to determine
whether the property contravenes the provisions of this By-Law.
3.
a) If an Enforcement Officer considers any property to be unsightly land, the Officer may
issue a Clean-Up Order, as listed in Schedule "B".
b)
Each Order shall:
i)
describe the property by name, if any, and include the Municipal address or legal
description or a plan showing the location of the property;
ii)
state that the property contravenes the provisions of this By-Law;
iii)
give reasonable particulars of the extent of the clean up, removal, clearing or other
actions required to be made;
iv)
state the time within which the clean up, removal, clearing or other action is to be
completed, subject to section 8;
v)
state that if the required actions are not carried out within the time specified, the
Hamlet may carry out the actions required and charge the cost thereof against the
person to whom the Order is directed and if such person does not pay the costs, the
costs shall be charged against the property concerned as Municipal Service costs
due and owing in respect of that leased property;
vi)
state that an appeal lies from the issuance of this Order to Council if an appeal is
lodged in writing with the Senior Administrative Officer(SAO) within fourteen (14)
days of the issue of the Order.
Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 6
4. A copy of the Order shall be served upon an owner of the property and may be served on any
person shown by the records of the Land Titles Office to have an interest in the property.
5. a) An Order referred to in subsection 3 may be served:
i)
by being delivered personally to the person who is intended to be served; or
ii)
by mailing the Order to the person to be served by double registered mail to the last
known post office address, and service shall be deemed to be effected at the time
the copy is delivered by an official of the post office to the person to be served; or
iii)
where the property is not occupied, by mailing the notice by double registered mail
to the mailing address noted on the Hamlet's records, and service shall be deemed to
be effected at the time the copy is delivered by an official of the post office to the
person to be served; or
iv)
as directed by the Court.
b) If, in the opinion of the Enforcement Officer, service under subsection 5 a) cannot
reasonably be effected, the Enforcement Officer may post the Clean Up Order or copy of
the Order in a conspicuous place on the property to which the Order relates, or on the
private dwelling place of the person who is intended to be served and such order is deemed
to be served upon the expiry of three (3) days after such Clean Up Order is posted.
6. The Clean Up Order may require the person to whom it is addressed, within a period of time
which shall not be more than thirty (30) days from the date of the issuance of the Order, but not
less than fourteen (14) days:
a)
to remedy the condition of the property in a manner and to the extent directed in the
Order;
b)
to remove any material causing or contributing to the unsightliness of the property;
c)
to place in waste receptacles any material causing or contributing to the
unsightliness of the property; or
d)
to do all or any of the matters specified in subsections 6. b) & c).
7. The Enforcement Officer may extend the time for doing anything which is required to be done
by the terms of the Order.
8. Where a Clean Up Order is issued pursuant to section 5, such Clean Up Order may be appealed
within fourteen (14) days to Council;
v)
where a Clean Up Order is appealed pursuant to subsection 10. a), the Order is stayed
pending a decision by Council on the approval;
Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 7
vi)
a decision of Council shall be final.
9. Council may confirm, vary, or revoke the Clean Up Order or may substitute the decision in
place of the Clean Up Order which was issued;
a) Council may extend the time within which anything required to be done by the Clean Up
Order is to be performed;
b) Council may direct anything to be done that an Enforcement Officer can direct to be done
either in addition to or in substitution for the direction in the Order appealed from.
10. a) Appellants must submit notice of their appeal in writing to the SAO within fourteen (14)
days of the date of issuance of the Clean Up Order;
b) each Notice of Appeal shall:
i)
state with reasonable exactness, the grounds of the appeal;
ii)
state the name, address and interest of the appellant in the property; and
iii)
be dated, and signed by the appellant or on their behalf by their agent and, if signed
by an agent, shall state the name and address of the agent.
11. The SAO, shall, upon receipt of the Notice of Appeal, set a date for the hearing of the appeal
which shall be held within thirty (30) days of the receipt by the SAO of the Notice of Appeal.
12. Council shall consider each appeal having regard to the circumstances and merits of the case
and applicable provisions of this By-Law.
13. When hearing an appeal Council shall:
a)
not be bound by the technical rules of evidence; and
b)
afford to every person concerned the opportunity to be heard, to submit evidence
and to hear the evidence of others.
14. The person to whom an Order is directed shall comply with the directions of the Order as set
out in the Order of the Enforcement Officer or the requirements or direction set out in any
decision of Council.
15. If a person to whom an Order is directed under this By-Law fails to carry out the Order within
the time stated, in the case of an Order that is not appealed, or within the time limited by the
Council in the case of an Order which is appealed, an Enforcement Officer may exercise a right
of access to the unsightly land and may, with whatever work forces as are necessary, enter the
property against which the Order has been issued and carry out the Order;
Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 8
a) the Hamlet or persons appointed by it may remove any fencing or other obstructions
in the course of carrying out the Order and shall restore any fencing or other
obstructions removed or damaged in the course of carrying out the Order, to a
condition and state of repair equivalent to that in which it was found;
b) the expenses incurred by the Hamlet in carrying out an Order under this section
constitute a debt owing to the Hamlet from the person to whom the Order is
directed;
c) within thirty (30) days of ascertaining the amount of the expenses incurred by the
Hamlet in carrying out the Order, the SAO shall send a demand for payment of
these
expenses
to
the
person
to
whom
the
Order
was
directed;
d) where the Hamlet carries out an Order under this section and where the person to
whom the Order is directed fails, within the thirty (30) day period to pay the
expenses incurred by the Hamlet, the SAO shall place the amount of the expenses
incurred as an additional cost against the lease of the property and that amount:
i)
forms an additional lien as required on the property in favor of the
Hamlet.
e) where the Hamlet carries out an Order under this section, the work forces shall
deposit any material removed from unsightly land at a location designated by the
SAO.
f) Notwithstanding subsection 17. g) where an Enforcement Officer is of the opinion
that the material removed under subsection 17. a) has no value he may direct that
the material be disposed of;
g) When material removed from unsightly land under subsection 17. f) Is removed to a
location specified by the SAO, s/he may direct that the material be disposed or if the
person to whom an Order has been issued does not remove the material within
fourteen (14) days of being requested in writing to do so.
16. a) Any person or corporation who violates any provision of this By-Law is guilty of an offence
and is liable on Summary Conviction to:
i)
a fine not exceeding one thousand dollars ($1,000.00) for an individual and five
thousand ($5,000.00) for a corporation;
ii)
any other Order; and
iii)
any other Order that may be imposed by the Court as outlined in section 183 of the
Hamlets Act.
b) no person found guilty of an offence pursuant to this By-Law shall be liable to
imprisonment.
Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 9
17.
A By-Law Officer may issue a Summary Offence Ticket Information in the form
prescribed by the Summary Convictions Procedures Act, to any person who violates any
provision of this By-law and such person may, in lieu of prosecution, pay the Hamlet the
voluntary penalty for the offence as listed in schedule A, attached hereto and forming part
of this By-Law, prior to the Court date specified on the ticket.
18.
Any violation of this By-Law is a continuing offence and a separate offence for each day
the offence continues, and the penalties provided for in this By-Law shall apply for each
day the offence continues.
19.
This By-Law shall come into effect after receiving third reading and otherwise meeting the
requirements of section 57 & 175 of the Hamlets Act.
20.
By-Law #142 and #138 are hereby repealed.
Date of First Reading
(Day)
28
(Month)
04
(Year)
2008
Date of Second Reading
(Day)
28
(Month)
04
(Year)
2008
Mayor
Senior Administrative Officer
Date of Third Reading and Passed
(Day)
26
(Month)
05
(Year)
2008
Mayor
Senior Administrative Officer
Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 10
Hamlet of Cambridge Bay, Nunavut
By-Law No. 225- Schedule A
VOLUNTARY PENALTIES
For Individuals
Penalty for First Offence
$ 75.00
Penalty for Second Offence
$125.00
Penalty for Subsequent Offences
$250.00
For Corporations/Business'
Penalty for First Offence
$500.00
Penalty for Subsequent Offences
$1,000.00
Hamlet of Cambridge Bay By-Laws
By-Law - No. 225 Property Standards Page 11
Hamlet of Cambridge Bay, NU
By-Law No. 225 - Schedule B
CLEAN-UP ORDER
To:
(Name of Owner)
(Mailing Address)
RE: Those premises located at Lot: Block: Plan: Civic Address:
in the Municipality of the Hamlet of Cambridge Bay
Whereas an Enforcement Officer has deemed the above property to be unsightly as defined in By-
Law No. 225, "Property Standards By-Law" by reasons of: _______________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
The following actions are required: __________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
To be completed no later then: _____________________
If the required actions are not carried out by the above date, the Municipality shall carry out the
actions required and charge the cost thereof against Owner of the property. If the Owner does not
pay the costs, the costs shall be charged against the property concerned as Municipal Service Costs
due and owing in respect of that property.
An appeal may be made to Council, if the appeal is lodged in writing to the Senior Administrative Officer
within fourteen (14) days of issuance of this Order.
A copy of the Property Standards By-Law is available upon request.
_____________________
_______________________________
Date of Notice
Signature of Enforcement Officer