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VILLAGE OF ALIX
BYLAW No. 322/03
Being a Bylaw of the Village of Alix, in the Province of Alberta, to
regulate untidy and unsightly property and for the prevention of
nuisances generally.
WHEREAS under the authority of the Municipal Government Act,
being Chapter M-26.1 of the revised statutes of Alberta and
amendments thereto, a Council may pass bylaws for the municipal
purposes respecting nuisances, including unsightly property,
NOW THEREFORE the Council of the Village of Alix, in the
Province of Alberta, duly assembled, enacts as follows:
1.
This Bylaw may be cited as the "Nuisance Bylaw".
2.
In this Bylaw, the following definitions will apply:
a)
"Boulevard" means that portion of a street which lies
between the roadway and the property line of the land
abutting the said street.
b)
"Council" means the Council of the Village of Alix.
c)
"Bylaw Enforcement Officer" means a person
authorized by Council to carry out the provisions of this
Bylaw, or the Municipal Administrator of the Village of
Alix, or a member of the Royal Canadian Mounted
Police.
d)
"Litter" means:
i)
any solid or liquid material or product or
combination of solid or liquid materials or
product, including, but not limited to:
·
any rubbish, refuse, garbage, paper,
package, container, bottle, can, manure,
human or animal excrement or sewage
or the whole or a part of an animal
carcass, or
·
the whole or part of any article, raw or
processed material, motor vehicle or
parts, or other machinery that is disposed
of or that is not currently in use.
e) "Municipal Administrator" means a person appointed
as such under The Municipal Government Act by the
Village of Alix Council.
f) "Nuisance" means any condition of use of property
which, in the opinion of a designated officer, the
Municipal Administrator, or the Municipal Council,
constitutes an unreasonable interference with the use
and enjoyment of other property within the Village.
Bylaw No. 322/03
Page 2
g) "Occupant" means any person occupying or having
control over the condition of any property and the
activities conducted on any property, be such person the
owner, lessee, tenant or agent of the owner or whether
such person resides thereon or conducts a business
thereon.
h) "Owner" means a person having title to or legal
possession of any property or who possesses
property under a purchase agreement.
v)
"Rubbish" means and includes any paper product, or
fabric, or wood, or plastic, or glass, or metal and/or any
matter of substances of any kind which has been
discarded, or abandoned, or in any way disposed of.
j) "Village" means the Village of Alix.
k) "Untidy" or "Unsightly Premises" means any property,
whether land, buildings, improvements to lands of
buildings, personal property, or any other combination
of the above, located on land within the Village that, in
the opinion of a Designated Officer, the Municipal
Administrator, or Municipal Council is unsightly to
such an extent as to detrimentally affect the repose,
amenities, use, value or enjoyment of the surrounding
lands in reasonable proximity to the premises, or which
is otherwise detrimental to the surrounding area or an
unsightly condition as defined by the Municipal
Government Act.
3. REGULATIONS
a)
Every occupant or owner of any property within the
Village of Alix shall:
i)
not permit the land or premises of such property
to be or remain to be a nuisance, untidy or
unsightly.
ii)
not permit any building structure or erection of
any kind whatsoever, or any excavation,
depression, drain or ditch, watercourse, pond,
surface water or other matter or thing to remain
a nuisance and/or danger to the public safety or
health.
iii)
cut the grass on the property they own or occupy
and cut the grass on any boulevard which abuts,
flanks or adjoins such property, including lanes
and alleys at the rear or side of such property,
with sufficient frequency to ensure that the grass
does not exceed 10 cm in height.
Bylaw No. 322/03
Page 3
iv)
control weeds on property they own or occupy
and to control weeds on any boulevard which
abuts, flanks or adjoins such property and this
shall include lanes or alleys at the rear or side of
such property.
v)
prune, remove or otherwise maintain trees and
shrubs that interfere with or endanger lines,
poles, pipes, sewers, sidewalks, streets and
alleyways or other works of the Village or
Public Utility within or on the such property.
vi)
not permit the accumulation of dirt, stones, old
implements, automobiles, and parts of
automobiles, scrap iron, lumber, building
materials or any other rubbish so as to cause any
untidy or unsightly condition or hazard or
nuisances within or on such property.
vii)
remove from such property any dead grass or
brush or other rubbish which may be untidy or
unsightly.
viii)
when requested to do so by written notice from
the Village, clean up an untidy or unsightly
property within the time period set out in the
notice.
4. CONTROL OF LITTER
a)
No person shall place, deposit, throw or cause to be
placed, deposited or thrown, any litter upon any street,
land, sidewalk, parking lot, park, playground or other
public place or water course or on property not his own,
except in a receptacle provided for such purpose.
b)
All private or general contractors shall during the
construction, renovation, or demolition of a building,
keep the land in a reasonable condition so as not to
constitute a nuisance and shall secure all manner of
debris so as to prevent it from blowing onto any other
private or public property.
c)
A person who has placed, deposited or thrown or cause
to be placed, deposited or thrown, any litter upon any
street, lane, sidewalk, parking place, park, playground
or other public place or water course or on any property
not his own, shall forthwith remove it.
5. DUST IN THE AIR
a) No person shall cause or permit any opaque or dense
dust to be emitted to the atmosphere from any
operations on the premises of such person.
Bylaw No. 322/03
Page 4
6. SALVAGE YARDS FENCED
a) All outdoor salvage yards, auto wreckers or other
businesses which by their nature, appear to be untidy or
unsightly, shall be obscured from view by approved
screening from surrounding property.
7. PILING, STORING MATERIAL OR EQUIPMENT ON
VILLAGE PROPERTY
a)
No person shall place, pile or store any material or
equipment on Village owned property without first
obtaining approval for such purposes from the Village.
b)
Any person placing, or causing to be placed, any litter,
rubbish, material or equipment on any Village property
without first obtaining approval shall remove, or cause
the removal thereof, within twenty-four (24) hours.
8. ENFORCEMENT
a)
Upon reasonable notice given to the owner or occupant
of any land, building, or premises, the Bylaw
Enforcement Officer is authorized to enter any land,
building or premises to inspect for any untidy or
unsightly condition or any other condition that may
contravene the provisions of this Bylaw.
b)
When, in the opinion of the Bylaw Enforcement
Officer, a condition exists which contravenes any of the
provisions of this Bylaw, the Bylaw Enforcement
Officer may issue a written order consistent with
Section 545 of the Municipal Government Act, if issued
with respect to a nuisance, and consistent with Section
546 of the Municipal Government Act, if issued with
respect to a dangerous or unsightly premises. The time
allowed to rectify the condition will be at the discretion
of the Bylaw Enforcement Officer, but will not be less
that seven (7) days. An extension may be granted on
the number of days originally indicated in the written
notice as the time allowed to rectify the condition, if, in
the opinion of the Bylaw Enforcement Officer or
Municipal Council, the extension is warranted.
c)
An order issued pursuant to Subsection 8. b) shall be
served on the owner and/or occupier personally or by
registered mail sent to the person's last known address
as shown on the tax roll of the Village.
d)
Should any property owner and/or occupier fail, neglect
or refuse to remedy the conditions as directed in the
said Order pursuant to Subsection 8. b), the Village may
cause the work to be performed to remedy the condition
and charge the cost of such work done to the owner
and/or occupier, and in default of payment,
Bylaw No. 322/03
Page 5
i)
recover the cost as a debt due to the Village by
service of a statement of expenses and demand
of payment for work carried out on land
specified in the notice to the owner of the land.
ii)
if the owner of the property fails to pay the
amount of the statement within thirty (30) days
of the mailing of such statement, the Municipal
Administrator may cause the amount owing to
be placed on the tax roll as an additional tax
against land concerned and it shall be collected
in the same manner as taxes.
e)
Any person who enters property to remedy a condition
as directed by the Village shall be deemed to have the
authorization of the Village and shall not incur any
liability thereof.
9. APPEAL PROCEDURE
a)
a person who received a written clean-up order under
this Bylaw may request Council to review the clean-up
order by delivering a written request to the Municipal
Administrator within fourteen (14) days of the date the
clean-up order was sent.
b) After reviewing the clean-up order, Council may
confirm, vary, substitute or cancel the order.
c) Appeal of Council's decision may be made by a person
affected by the decision of Council:
i)
under Section 545 of the Municipal
Government Act with respect to a nuisance, to
the Court of Queen's Bench within thirty (30)
days of the date the decision is sent to the
person, or
ii)
under Section 546 of the Municipal Government
Act with respect to dangerous or unsightly
premises, to the Court of Queen's Bench within
fifteen (15) days of the date the decision is sent
to the person, if
A)
the procedure required to be followed by
this Bylaw is not followed, or
B)
the decision is patently unreasonable.
d) The application for the appeal to the Court of Queen's
Bench must state the reason for the appeal.
Bylaw No. 322/03
Page 6
e) For the information of the appellant, the Court of
Queen's Bench may:
i)
confirm the decision of the Council.
ii)
declare the decision of the Council invalid and
send the matter back to Council, with direction.
10. PENALTIES
a)
Any person who breaches a provision of this Bylaw
shall be guilty of an offence and shall be liable upon
summary conviction to a fine of not less than Five
Hundred ($500.00) Dollars and not more than Fifteen
Hundred ($1,500.00) Dollars.
b)
A Bylaw Enforcement Officer is hereby authorized and
empowered to issue a violation tag to any person who
the Bylaw Enforcement Officer has reasonable and
probable grounds to believe has contravened by
provision of this Bylaw.
c)
A violation tag shall be served upon a person
personally, or in the case of a corporation, by serving
the violation tag personally upon the manager, secretary
or other executive officer, or a person apparently in
charge of a branch office, by mailing a copy to such
person by registered mail, or in the case of an
individual, by leaving it with a person on the premises
who has the appearance of being at least Eighteen (18)
years of age.
d)
A violation tag shall be in a form approved by the
Municipal Administrator and shall state:
i)
the name of the owner and/or occupant of the
property;
ii)
a description of the property;
iii)
the offence;
iv)
the appropriate penalty for the offence as
specified in this Bylaw;
v)
that the penalty shall be paid within Fourteen
(14) days of the issuance of the violation tag in
order to avoid further prosecution; and
vi)
any other information as may be required by the
Municipal Administrator.
Bylaw No. 322/03
Page 7
e)
Where a violation tag has been issued pursuant to
subsection 10(b), the person to whom the violation tag
is issued may, in lieu of being prosecuted for the
offence, pay to the municipal office of the Village, the
penalty specified on the violation tag.
f)
In those cases where a violation tag has been issued and
the penalties specified on the violation tag have not
been paid within the prescribed time, then a Bylaw
Enforcement Officer is hereby authorized and
empowered to issue a violation ticket pursuant to Part 2
of the Provincial Offences Procedure Act, R.S.A. 2000,
c.P-34, as mended or repealed and replaced from time
to time.
g)
Notwithstanding subsection 10(b) of this Bylaw, a
Bylaw Enforcement Officer is hereby authorized and
empowered to immediately issue a violation ticket to
any person to whom the Bylaw Enforcement Officer has
reasonable and probable grounds to believe has
contravened any provision of this Bylaw.
h)
The voluntary payment, pursuant to Subsection 10. b)
shall be as follows:
i)
for a first offence in a calendar year - $50.00
(Fifty dollars)
ii)
for a second offence in a calendar year - $100.00
(One hundred dollars)
iii)
for a third or subsequent offence in a calendar
year - $200.00 (Two hundred dollars)
i)
If an alleged offender does not voluntarily pay the
penalty amount as set out in Subsection 10. h), then
such person may, by summons, be required to appear in
court and shall be liable on summary conviction to pay
a fine, pursuant to Subsection 10. a).
11. SEVERABILITY
a)
Should any section or part of this Bylaw be found to
have been improperly enacted or ultra vires for any
reason, then such section of part shall be regarded as
being severable from this Bylaw and the Bylaw
remaining after such severance shall be effective and
enforceable as if the section found to be improperly
enacted has not been enacted as part of this Bylaw.
Bylaw No.322/03
Page 8
12. RESCINDING OF BYLAW No. 281/98
a)
This Bylaw rescinds Bylaw No. 281/98 in its entirety.
13. EFFECTIVE DATE
a)
This Bylaw shall come into force and effect on the final
date of passing thereof.
READ a first time this 16th day of September, 2003.
READ a second time this day of , 2003 .
READ a third and final time this day of , 2003 .
Mayor
Municipal Administrator