Unsightly Property Bylaw

Crapaud, Prince Edward Island

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot bc0b72987a9f · verified 2026-06-03 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

( ## UNSIGHTLY PROPERTY BYLAW 1. In this Bylaw, 2. (a) · dilapidated building' includes a building which is structurally sound but by virtue of broken windows, torn roofing or other defects is in a condition of substantial disrepair; 3. (b) 'litter' means - (1) rubbish, refuse, garbage, waste materials, 5. or parts ackrees. containers, bottles, cans 6. (ii) any article, product, machinery, mobile home or other manufactured goods which are dumped, 7. discarded, abandoned or otherwise disposed of, 8. (c) "Council" means the Council of Crapaud. 9. (d) 10. "order" means a clean-up issued under this Bylaw. 11. (e) "Unsightly property" part thereot upon which there is litter, dilapidated building, structures, motor vehicles, or parts thereof, which causes the real property or any part 12. thereof to look unsightly. 2. Where Council considers any real property to be unsightly 14. property, the Council may issue a clean-up order. 3. The clean-up order shall be issued 16. (a) to the owner, or 17. (D) to the person in control: 18. of the property that is subject of the order in question. 4. The order may require the person to whom it is addressed within a specific period of time, from the date of the service of the order. 20. (a) to remedy the condition of the property in a manner and to the extent directed in the order, ( - (b) to demolish any dilapidated buildings, structures or parts thereof, or to remove any litter causing or contributing to the unsightliness of the property; - (o) to construct anything to prevent the property from being viewed; - (a) to do any other thing to remedy the unsightliness of the property: or - (e) to do all or any of the matters specified in clauses (a) to (d). 5. (1) The order shall be served on the person to be notified - (a) by personal delivery thereof to that person; - (b) by posting the order by registered mail with postag repaid addressed to that person at his lates known address, or - (c) where the address of that person is unknown by posting the order in a conspicuous place on the property. - (2) The date of the service of the order under sub section (1) shall be - (a) on the date of delivery where personal service is made; - (b) on the second day after deposit in the mail where service by mail is made: or - (0) on the date of the posting where posting is made on the property. - (3) Proof of the service of the clean-up order may be nade by a certificate signed by the person servin the order setting forth the manner in which servic made and specifying the time of service. - (4) A certificate made under subsection (3) - (a) is proof of the signature of the person certifying ( - (b) is proof that the person named in the order received notice of the matters referred to in the order. 6. An order continues in force for a period of twelve months from the date on which it is served on the person to whoperty sad is see subject of terror to resett to being an unsightly property while the order is in torce, he shall be deemed to have failed to comply with the order and it may be enforced against him accordingly, but without prejudice to the issue of a new order under Section 2 in respect of that property. 7. Where a person on whom an order has been served fails to comply with the order the Council may appoint a person to carry out the directives contained in the order and charge the cost of the work done to the person to whom the order was issued and the person so charged is personally liable therefore neither the Council nor the person appointed 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. 8. The costs involved in carrying out the work done under section 7 are a debt due to the Council by the person to whom the order was issued any may be recovered from him as 9. (1) A person authorized in writing by the Council to carry out the directives of the order may at any reasonable time enter onto or into any real or personal property for the purpose of - (a) determining whether motor vehicles causing the proters Byo be unsightly are motor vehicles as defined - (b) determing the ownership of the unsightly property: - determing whether a clean-up order is being complied withi - (d) determing whether there is a non-compliance or violation of this Bylaw; and - (e) exercising the powers prescribed in section ?. - (2) to prevent is guilty of an offence and liable on summary conviction to a fine of not less than one hundred lollars and not more than five hundred dollars, and in default of payment thereof, is liable to imprisonment. 10. The persons acting under 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. 11. conviction is liable to a fine of not less than one and in default in payment thereof, is liable to imprisonment for thirty days; each day that the non-compliance continues after a conviction under this section constitutes a separate offence and the person who so continues to fail to comply is subject to the said fine or imprisonment for each such day upon conviction thereof under this section.