1.0 Purpose

Every property in the Municipality shall be maintained so that the property is not dangerous or unsightly.  This policy defines the manner of action the Municipality will undertake where a property is alleged to be dangerous or unsightly.

Dangerous or unsightly is defined in section 3 (r) of the Municipal Government Act of Nova Scotia as follows:

(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

1. ashes, junk, cleanings of yards or other rubbish or refuse or a derelict vehicle, vessel, item of equipment or machinery, or bodies of these or parts thereof,
   
2. an accumulation of wood shavings, paper, sawdust, dry and inflammable grass or weeds or other combustible material, or
   
3. any other thing that is dangerous, unsightly, unhealthy or offensive to a person,
   and includes property, a building or structure
4. that is in a ruinous or dilapidated condition,
   
5. the condition of which seriously depreciates the value of land or buildings in the vicinity,
   
6. that is in such a state of non-repair as to be no longer suitable for human habitation or business purposes,
   
7. that is an allurement to children who may play there to their danger,
   
8. constituting a hazard to the health or safety of the public,
   
9. that is unsightly in relation to neighbouring properties because the exterior finish of the building or structure or the landscaping is not maintained,
   
10. that is a fire hazard to itself or to surrounding lands or buildings, or
    
11. that has been excavated or had fill placed on it in a manner that results in a hazard.

2.0 Delegation

The Council delegates its authority to act where property is dangerous or unsightly to the Administrator, except the authority to order demolition.

3.0 Report of Dangerous or Unsightly Property

A complaint of a dangerous or unsightly property can be made by a resident or rate payer of the Municipality or by the Administrator (the “complainant”).  The complaint may be accompanied by the name of the complainant, or it can be noted as received anonymously.  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.

The Administrator will only disclose the name of a complainant in accordance with the Nova Scotia Freedom of Information and Protection of Privacy Act, S.N.S. 1993, c. 5.

4.0 Initial Site Inspection Report

In the preparation of the initial site inspection report, the Administrator will determine whether the property is dangerous or unsightly.

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 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 but there is no need for immediate action, the Administrator shall so advise the property owner by registered mail or by personal service of what is required to remedy the dangerous or unsightly condition within thirty days of the date the letter was registered, or within such other reasonable time as determined by the Administrator.

A monthly summary of all reports made and actions taken by the Administrator with respect to dangerous or unsightly property will be submitted to the Council by the Administrator.

A repeat offender is the owner of a property for which the Municipality has received a valid second complaint within 365 days of the previous valid complaint.

5.0 Order

An Order made by the Administrator may be appealed to the Council within seven days after the Order is made.

6.0 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, the owner shall be given not less than seven days notice of the date, time and place of the Council meeting at which the making of such order will be considered. No further notice will be given to the owner.

If the Council consider demolition necessary to remedy the property, they will issue an Order 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 Registered Mail.  In the event that the owner does not receive the Registered Mail, the owner shall be personally served with the Order.

7.0 Court Order

Notwithstanding sections 4, 5 and 6 herein, the Municipality 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.

8.0 Enforcement

Where an owner fails to comply with an Order made pursuant to Section 5 or 6 herein within thirty days after being served, 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 the Administrator shall obtain the approval of the Council before carrying out the work.

All costs associated with carrying out the work under Section 8.1 shall form a lien against the subject property pursuant to Section 507 of the Municipal Government Act.

9.0 Charges

Where the owner fails to comply with an Order made pursuant to Section 5 or 6 herein within the specified time, the owner may be charged pursuant to the powers granted under the Municipal Government Act.