Acts and Regulations

2017, c.18 - Local Governance Act

Section 134
Disposition versions

Full text
Appeal
134(1)An owner or occupier of premises or a building or other structure who has been given a notice under section 132, other than a notice prepared and signed under subsection 139(1), 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 local government within 14 days after having been given the notice.
134(2)A notice that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed and is final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.
134(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.
134(4)On an appeal with respect to a notice under section 132 arising out of a condition referred to in subsection 131(2), the onus is on the local government to prove that the building or structure has become a hazard to the safety of the public by reason of being vacant or unoccupied.
134(5)On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice.
134(6)The committee of council shall provide a copy of its decision to the owner or occupier who brought the appeal within 14 days after making its decision.
134(7)If a notice that is confirmed or modified by a decision of the committee of council under subsection (5) is not appealed within the time referred to in subsection (8), it shall be final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.
134(8)The owner or occupier who is provided with a copy of a decision under subsection (6) may appeal the decision to a judge of The Court of King’s Bench of New Brunswick within 14 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 unreasonable.
134(9)On an appeal, the judge of The Court of King’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.
134(10)A notice that is confirmed or modified by a judge of The Court of King’s Bench of New Brunswick under subsection (9) shall be final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.
134(11)An appeal does not prevent a further notice from being given under section 132 or from being prepared and signed under subsection 139(1) 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.
2023, c.17, s.146
Appeal
134(1)An owner or occupier of premises or a building or other structure who has been given a notice under section 132, other than a notice prepared and signed under subsection 139(1), 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 local government within 14 days after having been given the notice.
134(2)A notice that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed and is final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.
134(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.
134(4)On an appeal with respect to a notice under section 132 arising out of a condition referred to in subsection 131(2), the onus is on the local government to prove that the building or structure has become a hazard to the safety of the public by reason of being vacant or unoccupied.
134(5)On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice.
134(6)The committee of council shall provide a copy of its decision to the owner or occupier who brought the appeal within 14 days after making its decision.
134(7)If a notice that is confirmed or modified by a decision of the committee of council under subsection (5) is not appealed within the time referred to in subsection (8), it shall be final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.
134(8)The owner or occupier who is provided with a copy of a decision under subsection (6) may appeal the decision to a judge of The Court of Queen’s Bench of New Brunswick within 14 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 unreasonable.
134(9)On an 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.
134(10)A notice that is confirmed or modified by a judge of The Court of Queen’s Bench of New Brunswick under subsection (9) shall be final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.
134(11)An appeal does not prevent a further notice from being given under section 132 or from being prepared and signed under subsection 139(1) 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.
Appeal
134(1)An owner or occupier of premises or a building or other structure who has been given a notice under section 132, other than a notice prepared and signed under subsection 139(1), 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 local government within 14 days after having been given the notice.
134(2)A notice that is not appealed within the time referred to in subsection (1) shall be deemed to be confirmed and is final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.
134(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.
134(4)On an appeal with respect to a notice under section 132 arising out of a condition referred to in subsection 131(2), the onus is on the local government to prove that the building or structure has become a hazard to the safety of the public by reason of being vacant or unoccupied.
134(5)On an appeal, the committee of council may confirm, modify or rescind the notice or extend the time for complying with the notice.
134(6)The committee of council shall provide a copy of its decision to the owner or occupier who brought the appeal within 14 days after making its decision.
134(7)If a notice that is confirmed or modified by a decision of the committee of council under subsection (5) is not appealed within the time referred to in subsection (8), it shall be final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.
134(8)The owner or occupier who is provided with a copy of a decision under subsection (6) may appeal the decision to a judge of The Court of Queen’s Bench of New Brunswick within 14 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 unreasonable.
134(9)On an 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.
134(10)A notice that is confirmed or modified by a judge of The Court of Queen’s Bench of New Brunswick under subsection (9) shall be final and binding on the owner or occupier who shall comply within the time and in the manner specified in the notice.
134(11)An appeal does not prevent a further notice from being given under section 132 or from being prepared and signed under subsection 139(1) 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.