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Dangerous and unsightly draft bylaw

Eight things to take away from Colchester council committee's discussion

BRENDYN CREAMER TRURO NEWS brendyn.creamer@saltwire.com

TRURO — Dangerous and unsightly property was the first topic of discussion at the monthly Colchester County council committee meeting held recently.

The committee had tackled this topic before, during their meeting in November 2022, when council decided to direct staff to research the issue further.

Staff produced two draft bylaws to accommodate council's wishes — one of which deals with dangerous and unsightly properties, and the other with landscaping.

WHAT IS 'DANGEROUS AND UNSIGHTLY'?

According to the Municipal Governmnt Act (MGA), dangerous and unsightly property refers to any property that has deteriorated or is in a state of disrepair.

This includes properties with ashes, junk, derelict machinery, accumulation of a material that poses a fire hazard, and other hazardous materials.

It can also refer to derelict buildings and other structures that are in a "ruinous or dilapidated condition," or pose a health and safety risk.

When an inspector receives a dangerous and unsightly report, they have the authority to deem if the property meets the MGA'S definitional standards.

WHY DRAFT A BYLAW?

Municipal solicitor Dennis James put it aptly at the beginning of the topic.

"The main driver is repeat offenders, and trying to bring more tools into play to deal with that."

While the bylaw would mainly contain the same information as the Municipal Government Act, a county bylaw would "tighten the time frame for issuance of remedial orders in the case of subsequent offences."

This bylaw also allows the county to define 'subsequent,' which, in their case, broadens the term to identify residents who own multiple properties the county deems dangerous and unsightly.

"We wouldn't have to do a repeat on every property, considering all the properties owned," said James.

It also allows the county to define the length of time for completion and fees.

WHAT'S THE TIMEFRAME?

The draft bylaw states the owner of the property would be granted no more than 30 days to complete the work on their first offense. In the case of a subsequent offence, the owner would be given no more than seven days to complete the work.

HOW DO THE FEES WORK?

For any work that is left uncompleted on a dangerous and unsightly property, the municipality has a right to come in and do it themselves. The property owner would be liable to pay any associated costs. These would be payable to

the municipality. If not paid within 30 days, interest will accrue. Any outstanding fees may be added to the owner's property tax.

WHAT ARE THE PENALTIES?

If an owner does not tend to the property and fails to pay any levied fees, they will be stricken with a summary offense.

For a first offence, the owner can be fined between $500 and $1,000. In default of payment, imprisonment for no more than 30 days.

For second offences, owners will be fined between $1,000 and $2,500. In default, no more than 30 days imprisonment.

Any subsequent offences will see owners being fined between $2,500 and $5,000, or 30 days imprisonment in default of payment.

WILL THIS AFFECT GRASS HEIGHT/LANDSCAPING?

For the time being, there are no grass height regulations, but it could be considered when an inspector looks over a property reported as dangerous or unsightly.

While a draft bylaw was created to address landscaping specifically, councillors and staff alike thought regulations would pose definitional issues, especially in a rural county with farmland.

Mayor Christine Blair noted grass is mentioned in the MGA under dangerous and unsightly. James clarified that there is a reference to dry and flammable grass, as well as grass that could be considered unsightly.

Coun. Lisa Patton put a motion on the floor to reject the landscaping bylaw, stating she wouldn't, "touch this with a 10-foot pole." All voted in agreement.

WHAT DID COUNCIL HAVE TO SAY?

Coun. Tim Johnson said he has had issues with one property owner in his district regarding dangerous and unsightly properties.

"I'm all in favour," said Johnson. "I just hope that we can push this, pass it, and get it through."

Johnson asked if outstanding fees could be collected prior to when property taxes are due, but James said they would be paying more for staff to chase down money than what the fees are worth.

Mayor Blair was happy to see the height of grass was not included in the dangerous and unsightly draft bylaw. She also reiterated the importance of dealing with repeat offenders.

"This is something that we definitely need. Even though there are more dangerous and unsightly issues than repeat offenders, it is the repeat offenders that create a lot of difficulties for us."

WHAT'S NEXT?

Council committee voted unanimously to recommend the dangerous and unsightly bylaw to council for a first reading. It will be addressed at their next council meeting on March 30.

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2023-03-23T07:00:00.0000000Z

2023-03-23T07:00:00.0000000Z

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