Dangerous or unsightly premises
190.02(1)Proof of the giving of notice in either manner provided for in section 190.011 may be by a certificate or an affidavit purporting to be signed by the officer referred to in subsection 190.01(3), naming the person to whom notice was given and specifying the time, place and manner in which notice was given.
190.02(2)A document purporting to be a certificate under subsection (1) shall be
(a)
admissible in evidence without proof of signature, and
(b)
conclusive proof that the person named in the certificate received notice of the matters referred to in the certificate.
190.02(3)In any prosecution for a violation of a by-law under section 190 where proof of the giving of notice is made as prescribed under subsection (1), the burden of proving that one is not the person named in the certificate or affidavit shall be upon the person charged.
190.02(4)A notice given under section 190.011 and purporting to be signed by an officer appointed by council shall be
(a)
received in evidence by any court in the Province without proof of the signature,
(b)
proof in the absence of evidence to the contrary of the facts stated in the notice, and
(c)
in a prosecution for a violation of a by-law under section 190, proof in the absence of evidence to the contrary that the person named in the notice is the owner or occupier of the premises, building or structure in respect of which the notice was given.
2003, c.27, s.61; 2006, c.4, s.9