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Thread: Advice and examples - property standards / delelict vehicles

  1. #1
    Cyburbian pandersen's avatar
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    "Off Kilter"
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    Advice and examples - property standards / delelict vehicles

    Hi all:
    Thought it was time to consult the trobbing brain on this issue. Hears the situation:

    Under our provincial Planning Act, the enforcement and administration of municipally adopted property standards by-laws (adopted under the Municipal Act) is the responsibility of a local planning district board (where they exist).

    In Manitoba, a planning board usually consists of several municipalities that have joined together and share a common development plan with each municipality having its own seperate zonig by-law.

    I'm looking for examples of property standards by-law that could be adapted to the administrative framework outlined above. I am very interested in reviewing examples of by-laws with detailed "complaint trigger procedures" as well as examples of by-law with well developed definitions for derelict vehicles.

    Perhaps an example would best alert you to one of my concerns.

    Say you have two alleged junk vehicles in the front yard of adjoining houses. One is a 1988 Chrysler K Car - the roof is dented, the doors are missing and it has no plates.

    The adjoining house has a 1969 Dodge Hemi Charger that is also missing its doors and has red oxide primer for paint and the vehicle has no plates.

    It could be argues that the K car is a derelict vehicles worth nothing. The same could also be said of the 1969 Hemi Charger (unless your a car buff who recognizes a diamond in the rough). My concern here is that a derelict vehicle by-law can not distinguish between these two vehicles, one or both of the owners of these vehicles could sucessfully take the municipality to court and sue for damages.

    Any thoughts or examples of useful by-laws would be a great help.

  2. #2
    Cyburbian donk's avatar
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    Sep 2001
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    skating on thin ice
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    Here are examples from New Brunswick;

    The first is a provincial regulation adopted under the Municipalities Act

    http://www.gnb.ca/0062/regs/84-86.htm

    This one is its own Act.

    http://www.gnb.ca/0062/acts/acts/u-02.htm

    This one is for my old municipality

    The gist of all of these is that the person empowered to enforce the legislation is the person who makes the determination of unsightly. A judge can always disagree and establish true standards. NOTE these were not prosecuted as it was really too much trouble, far easier to have dead cars in yards.
    Too lazy to beat myself up for being to lazy to beat myself up for being too lazy to... well you get the point....

  3. #3
    Cyburbian solarstar's avatar
    Registered
    Aug 2002
    Location
    Florida
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    205
    Make it easier on yourself, since "derelict" is tough to define.

    This works for us:

    "The outdoor storage and maintenance of one inoperable and/or unlicensed vehicle shall be permitted within a residentially committed land use district provided that the following requirements are met:

    A. There shall be a principal use or structure on site.
    B. The vehicle shall be located within the rear yard.
    C. The vehicle shall be screened from view.

    NOTE: More than one inoperable and/or unlicensed vehicle shall constitute a junkyard subject to the requirements of Section...."

    Code Enforcement likes that, cause if it doesn't have a plate or isn't screened then they can cite it. They don't have to make judgement calls. (In your example, neither vehicle would be allowed since they are in the front yards without plates). We seem to have a lot of would-be mechanics in this area, and this helps to keep them under control.

  4. #4
    Cyburbian mike gurnee's avatar
    Registered
    Feb 1998
    Location
    Greensburg, Kansas
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    2,962
    Clear definitions are necessary...until the unlicensed vehicle is in the yard of a city commissioner's father. I started using a new argument in that instance. An unlicensed vehicle is owned by someone not paying their fair share of our property taxes.

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