Dangerous and Unsightly Premises Amendment (2011) Act
BILL NO. 41
(as introduced)
3rd Session, 61st General Assembly
Nova Scotia
60 Elizabeth II, 2011
Government Bill
Dangerous and Unsightly Premises Amendment (2011) Act
The Honourable John MacDonell
Minister of Service Nova Scotia and Municipal Relations
First Reading: April 27, 2011
(Explanatory Note)
Second Reading: May 5, 2011
Third Reading: May 12, 2011 (LINK TO BILL AS PASSED)
This Bill amends the Halifax Regional Municipality Charter and the Municipal Government Act to
(a) expand the definition of "dangerous or unsightly" premises to include premises where there is an accumulation or collection of materials hidden, stockpiled or stored away;
(b) require the administrator to at least twice per year and publicly report to the municipal council on the status of dangerous and unsightly premises including progress on remedial orders made regarding these premises;
(c) require a recorded decision from the municipal council when overturning a decision of the administrator regarding dangerous or unsightly premises; and
(d) exempt from reduction, pursuant to the Remission of Penalties Act, owners of dangerous or unsightly premises unless the property is the primary residence of the person required to pay the fine.
Be it enacted by the Governor and Assembly as follows:
1 This Act may be cited as the Dangerous and Unsightly Premises Amendment (2011) Act.
2 Clause 3(q) of Chapter 39 of the Acts of 2008, the Halifax Regional Municipality Charter, as amended by Chapter 64 of the Acts of 2010, is further amended by
(a) striking out "or" at the end of subclause (ii); and
(b) adding immediately after subclause (ii), the following subclause:
(iia) an accumulation or collection of materials or refuse that is stockpiled, hidden or stored away and is dangerous, unsightly, unhealthy or offensive to a person, or
3 Section 355 of Chapter 39 is amended by adding immediately following subsection (2), the following subsection:
(3) The Administrator shall at least twice per year table a public report to the Council describing the status of dangerous or unsightly property orders including remedial progress made regarding properties for which orders were issued pursuant to this Part.
4 Section 356 of Chapter 39 is amended by adding immediately following subsection (3), the following subsection:
(3A) Where the Council or the committee varies or overturns the order of the Administrator, the Council or committee shall provide reasons to be recorded in the minutes of the Council or committee meeting.
5 Section 358 of Chapter 39 is amended by adding immediately following subsection (4), the following subsection:
(4A) Any monetary penalty payable pursuant to subsection (4) may not be remitted pursuant to the Remission of Penalties Act unless the penalty relates to a property that is the primary residence of a person required to pay the penalty.
6 Clause 3(r) of Chapter 18 of the Acts of 1998, the Municipal Government Act, as amended by Chapter 35 of the Acts of 2001, Chapter 9 of the Acts of 2003 and Chapter 64 of the Acts of 2010, is further amended by
(a) striking out "or" at the end of subclause (ii); and
(b) adding immediately after subclause (ii) the following subclause:
(iia) an accumulation or collection of materials or refuse that is stockpiled, hidden or stored away and is dangerous, unsightly, unhealthy or offensive to a person, or
7 Section 345 of Chapter 18 is amended by adding immediately after subsection (2) the following subsection:
(3) The administrator shall at least twice per year table a public report to the council describing the status of dangerous or unsightly property orders including remedial progress made regarding properties for which orders were issued pursuant to this Part.
8 Section 346 of Chapter 18, as amended by Chapter 9 of the Acts of 2000 is further amended by adding immediately after subsection (3) the following subsection:
(3A) Where the council or the committee varies or overturns the order of the administrator, the council or committee shall provide reasons to be recorded in the minutes of the council or committee meeting.
9 Section 348 of Chapter 18, as amended by Chapter 35 of the Acts of 2001, Chapter 9 of the Acts of 2003 and Chapter 40 of the Acts of 2006, is further amended by adding immediately after subsection (4) the following subsection:
(4A) Any monetary penalty payable pursuant to subsection (4) may not be remitted pursuant to the Remission of Penalties Act unless the penalty relates to a property that is the primary residence of the person required to pay the penalty.
10 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2011 Crown in right of Nova Scotia. Created May 17, 2011. Send comments to legc.office@novascotia.ca.
