Acts and Regulations

M-22 - Municipalities Act

Full text
190.021(1)An owner or occupier of premises or a building or structure who has been given a notice under section 190.011, other than a notice prepared under subsection 190.041(2), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of council by sending a notice of appeal by registered mail to the clerk of the municipality within fourteen days after having been given the notice.
190.021(2)A notice that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed.
190.021(3)On an appeal, the committee of council shall hold a hearing into the matter at which the owner or occupier bringing the appeal has a right to be heard and may be represented by counsel.
190.021(3.1)On an appeal with respect to a notice under section 190.011 arising out of a condition mentioned in subsection 190.01(1.1), the municipality that gave the notice shall have the burden of proving that the building or structure has become a hazard to the safety of the public by reason of being vacant or unoccupied.
190.021(4)On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice.
190.021(5)The committee of council shall provide a copy of its decision to the owner or occupier of the premises, building or structure who brought the appeal within fourteen days after making its decision.
190.021(6)The owner or occupier provided with a copy of a decision under subsection (5) may appeal the decision to a judge of The Court of Queen’s Bench of New Brunswick within fourteen days after the copy of the decision was provided to the owner or occupier on the grounds that
(a) the procedure required to be followed by this Act was not followed,
(b) with respect to a condition mentioned in subsection 190.01(1) or (2), the decision is patently unreasonable, or
(c) with respect to a condition mentioned in subsection 190.01(1.1), the decision is unreasonable.
190.021(7)On the appeal, the judge of The Court of Queen’s Bench of New Brunswick may confirm, modify or rescind the whole or any part of the decision of the committee of council, and the decision of the judge under this subsection is not subject to appeal.
190.021(8)A notice that is deemed to be confirmed under subsection (2) or that is confirmed or modified by the committee of council under subsection (4) or a judge of The Court of Queen’s Bench of New Brunswick under subsection (7), as the case may be, shall be final and binding upon the owner or occupier who shall comply within the time and in the manner specified in the notice.
190.021(9)An appeal does not prevent a further notice from being given under section 190.011 or from being prepared and signed under subsection 190.041(2) in relation to a condition referred to in the notice that is the subject of the appeal if there has been a change in the condition.
2006, c.4, s.10; 2011, c.30, s.2
190.021(1)An owner or occupier of premises or a building or structure who has been given a notice under section 190.011, other than a notice prepared under subsection 190.041(2), and who is not satisfied with the terms or conditions set out in the notice may appeal to the appropriate committee of council by sending a notice of appeal by registered mail to the clerk of the municipality within fourteen days after having been given the notice.
190.021(2)A notice that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed.
190.021(3)On an appeal, the committee of council shall hold a hearing into the matter at which the owner or occupier bringing the appeal has a right to be heard and may be represented by counsel.
190.021(4)On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice.
190.021(5)The committee of council shall provide a copy of its decision to the owner or occupier of the premises, building or structure who brought the appeal within fourteen days after making its decision.
190.021(6)The owner or occupier provided with a copy of a decision under subsection (5) may appeal the decision to a judge of The Court of Queen’s Bench of New Brunswick within fourteen days after the copy of the decision was provided to the owner or occupier on the grounds that
(a) the procedure required to be followed by this Act was not followed, or
(b) the decision is patently unreasonable.
190.021(7)On the appeal, the judge of The Court of Queen’s Bench of New Brunswick may confirm, modify or rescind the whole or any part of the decision of the committee of council, and the decision of the judge under this subsection is not subject to appeal.
190.021(8)A notice that is deemed to be confirmed under subsection (2) or that is confirmed or modified by the committee of council under subsection (4) or a judge of The Court of Queen’s Bench of New Brunswick under subsection (7), as the case may be, shall be final and binding upon the owner or occupier who shall comply within the time and in the manner specified in the notice.
190.021(9)An appeal does not prevent a further notice from being given under section 190.011 or from being prepared and signed under subsection 190.041(2) in relation to a condition referred to in the notice that is the subject of the appeal if there has been a change in the condition.
2006, c.4, s.10