Sections of the Local Governance Act: 128 – 143
Description:
Sections 128 through 143 set out the provisions granting local governments authority to deal with dangerous and/or unsightly properties. Specifically, these provisions address the following matters:
- How and where the dangerous and unsightly premises provisions are to be applied
- Offences and associated penalties respecting dangerous and unsightly premises
- Notice requirements
- Appeal process
- Powers to clean, repair, or demolish properties
- Reports required for demolition
- Emergency situations
- Recovery of local government’s costs, liens and debts paid by the Minister of Finance
New Provisions and Intent:
With the exception of the matter of entering a dwelling for purposes of carrying out inspections, there are no substantive changes to the authority that local governments have specifically relating to the matter of dangerous and unsightly properties. However, changes have been made with respect to the wording and the order of some of the provisions.
It is important to note that the Local Governance Act now specifies that by-law enforcement officers conducting inspections for purposes of a local government’s by-laws will only be allowed to enter a dwelling or dwelling unit upon obtaining consent from the occupant or obtaining an entry warrant under the Entry Warrants Act. (Refer to subsection 144(6) of the Local Governance Act.)
It should also be mentioned that the Unsightly Premises Act has been amended and will now only deal with salvage yards. A new regulation established under the new Local Governance Act addresses dangerous and unsightly premises in local service districts, and in those local governments that do not have a by-law dealing with this matter. Section 129 of the Local Governance Act specifies that in cases where a local government does not have a by-law dealing with dangerous or unsightly premises, the regulation made under paragraph 191(1)(ee) of the Act will apply.