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BYLAW # 400-22
Village of Amisk
STRUCTURE AND UNSIGHTLY PROPERTY BYLAW
Being a Bylaw to control nuisances, weeds and unsightly premises within the Village of Amisk residential areas,
WHEREAS: Pursuant to the provisions of the Municipal Government Act, Statutes of Alberta, RSA 2000 and
amendments thereto, Council may pass a Bylaw for the purpose of controlling weeds, and unsightly premises and nuisances
within the Village of Amisk.;
AND WHEREAS: Council deems it necessary to pass a Bylaw to control nuisances, weeds and unsightly premises within
the Village of Amisk.
NOW, THEREFORE THE MUNICIPAL COUNCIL OF THE VILLAGE OF AMISK, IN THE PROVINCE OF
ALBERTA, DULY ASSEMBLED, ENACTS AS FOLLOWS:
1. TITLE
This Bylaw may be cited as the "Structure and Unsightly Property Bylaw".
2. DEFINITIONS
2.1 In this bylaw, unless the context otherwise requires:
a. "Building Material" means material or debris which may result from the construction, renovation or demolition
of any building or other structure and includes, but is not limited to, wood, gypsum board, roofing, vinyl siding,
metal packaging material and containers of building material, gravel, concrete and asphalt and any earth, rocks
and vegetation displaced during such construction, renovation or demolition of any building or other structure;
b. "Carry On" means to carry on, continue, operate, perform, keep, hold, occupy, or use a thing, object or practice;
c. "Chief Administrative Officer" means a Municipal official in the responsible role of Chief Administrative
Officer, and includes anyone designated and authorized to act on their behalf;
d. "Bylaw Officer" means a person so designated, and includes any inspector designated by Council or the Chief
Administrative Officer, to perform the duties of the Bylaw Officer with respect to the enforcement of this Bylaw;
e. "Control" in reference to weeds means:
i.
Cut, mow or carry out measures designed to inhibit propagation of the weed, or
ii. Destroy the weed if specified by a Bylaw Officer or Weed Inspector, or
iii. Carry out other measures as prescribed by a Bylaw Officer or Weed Inspector;
f.
"Council" means the Council of the Village of Amisk;
g. "Court" means the Provincial Court of Alberta;
h. "Garbage" means any household or commercial rubbish including, but not limited to, boxes, cartons, bottles, cans,
containers, packaging, wrapping material, waste paper, cardboard, food, discarded clothing or fabric and discarded
household items;
i.
"Highway" is as defined in the Traffic Safety Act;
j.
"Including" when introducing a list of items, does not limit the meaning of the words to those items or to items
of a similar kind;
k. "Notice" means a notice issued pursuant to this Bylaw to remedy a condition that is not in
compliance with any provision of this Bylaw;
l.
"Owner" means:
i.
a person who is registered under the Land Titles Act as the owner of a parcel of land, or
ii.
a person who is recorded as the owner of a property on the tax assessment roll of the Village, or
iii.
a person who has purchased or otherwise acquired a parcel of land, whether he has purchased or
otherwise acquired the land directly from the owner or from another purchaser, and has not yet
become the registered owner thereof; or
iv.
a person holding himself out as the person having the powers and authority of ownership of a
property or premises or who for the time being exercises the power and authority of ownerships; or
v.
a person controlling a property or premises under construction, or
vi.
a person who is the occupant of a property or premises pursuant to a rental or lease agreement, license
or permit;
m. "Person" means an individual or any business entity including a firm, partnership, association, corporation,
company or society;
n. "Premises" means any land situated in whole or in part within the Village including the external surfaces of all
buildings and land immediately adjacent to any building or buildings and includes any land or buildings owned or
leased by the Village of Amisk;
o. "Provincial Offences Procedure Act" means the Provincial Offences Procedure Act, R.S.A. 2000, Chapter P-34,
and the regulations thereof, as amended or replaced from time to time;
p. "Residential Building" means a structure used as a residence containing one or more dwelling units, including a
house, multi- family dwelling, apartment building, hospital, lodging house, hotel, motel or mobile home as
serviced by their development permit
q. "Residential Development" means any land that is the site of one or more residential buildings, including farms,
ranches, and other land that is used for purely agriculture purposes;
r.
"Village" means the Village of Amisk, a municipal corporation in the Province of Alberta, and where the context
so requires means the area of land within the corporate boundaries thereof;
s. "Unsightly Premises" means any property or part of it which is characterized by visual evidence of a lack of
general maintenance and upkeep by the excessive accumulation on the premises of:
i.
garbage, animal or human excrement, sewage, the whole or part of an animal carcass, dirt, soil, gravel,
rocks, petroleum products, hazardous materials, disassembled equipment or machinery, broken household
chattels or goods, or
ii.
the whole or any part of a vehicle or vehicles which are not registered with the Motor Vehicle Registry for
the current year or are inoperative by reason of disrepair, removed parts or missing equipment, or
iii.
equipment or machinery which has been rendered inoperative by reason of disassembly, age or mechanical
condition, including household appliances, or
iv.
animal material, ashes, building material, garbage and yard material as defined in this Bylaw, or
v.
any other form or scrap, litter, trash or waste of any kind;
vi.
structures in significant disrepair;
t.
"Vehicle" has the same meaning as defined in the Traffic Safety Act;
u. "Yard Material" means waste material or an organic nature formed as a result of gardening, horticultural pursuits,
or agricultural activities and includes grass, tree and hedge cuttings, waste sod and decomposing plants, leaves and
weeds.
3. GENERAL PROHIBITION
3.1 No owner of a property or premises shall cause, allow or permit the premises to become or to continue to be an
unsightly premise as defined in this Bylaw.
3.2 Whether or not a particular premises is "characterized by visual evidence of a lack of general maintenance" as a result
of the "excessive accumulation" of the materials listed in section 2(s) of this Bylaw are questions of fact to be
determined by a Court hearing, a prosecution pursuant to the provisions of this Bylaw.
3.3 When making the determination during a trial as to whether a particular premise constitutes an "unsightly premises"
the Court, considerations shall include, but not limited to any admissible evidence as:
a. The general condition and state of tidiness of the neighboring or surrounding premises; and
b. The location and permitted use of the premises and whether or not the premises is located within a Residential
Development; and
c. The period of time the premises has been in the state complained of; and
d. Whether or not the premises is undergoing construction or renovation, and the period of time that such activity has
been ongoing; and
e. Any other circumstances or factors relating to the premises which the Court deems are relevant to the said
determination.
4. WEEDS, GRASS, TREES AND PESTS
4.1 Every occupant or owner of any property or premises within the Village shall:
a. Eradicate or control all weeds and grass on a premises, and on any boulevard which abuts or adjoins the premises,
including up to the center lanes or alleys at the rear or side of the premises;
b. Prune or remove any and all trees that, due to a deterioration of condition or for any other reason, interfere with any
public utility or public works, and are a public safety hazard;
c. Large trees that grow out of your property must be trimmed regularly to prevent interference in neighboring
property;
d. Remove or prune any shrub owned by their which is, or could be, a nuisance to any person using any publicly owned
or maintained sidewalk or street;
e. Prevent stagnant water from remaining on any such premises and becoming a breeding place for mosquitoes or other
pests;
f.
Cut or mow the grass on any boulevard or street, situated on Village owned land adjoining, or abutting or adjacent to
premises owned or occupied by him, to prevent such grass from growing to such a height as to be unsightly, having
regard to the height of the grass on adjacent or surrounding premises;
g. Remove from such property any dead grass or brush or rubbish which may by untidy or unsightly, or may harbor
vermin or pests thereon;
h. Cut the grass on such property before said grass reaches such a height as to be unsightly
4.2 No occupant or owner of any property or premises shall:
a.
Allow noxious weeds (as defined in the Noxious Weed Act) to grow on occupied or unoccupied premises;
b.
Suffer or permit trees growing on private property to interfere or endanger the lines, poles, conduits, pipes,
sewers, neighboring property, or other works of the Village.;
c.
Allow blight or disease of the trees or shrubs or vegetable or plant life liable to spread to other trees or
shrubs or plant life within the Village to go unchecked;
5. CONSTRUCTION SITES
5.1 An owner of a property or premises under construction shall ensure that building materials and waste materials on the
premises are removed or contained and secured in such a manner that prevents such material from being blown off or
scattered from the property.
5.2 An owner of a property or premises under construction shall ensure that waste building material on the premises is
removed or secured within a reasonable time by means of appropriate containers.
5.3 All existing gas, electrical, water, sewer or other services to the site, shall comply with Alberta Safety Codes.
6. EXEMPTIONS AND EXCEPTIONS
6.1 The provisions of this Bylaw shall not be interpreted to prevent bona fide and permitted commercial, industrial,
agricultural, construction, demolition, renovation, landscaping, clean-up, storage or other related activities from being
carried out on, or in relation to a premises.
6.2 The owner or a premise that carries on or permits the carrying on of any activities referred to in section 6.1 of this
Bylaw shall ensure that all reasonable steps are taken to minimize the duration and visual impact of any resulting untidiness
or unsightliness of the premises.
6.3 Whether or not an owner has taken "all reasonable steps" to minimize the duration and visual impact of any resulting
untidiness or unsightliness of a premises, as referred to in section 6.2 of this Bylaw, is a question of fact to be determined by
the Court hearing a prosecution pursuant to the provisions of this Bylaw.
6.4 Occupant or owner must apply for a permit (Schedule B - Application for Temporary Residence) for any use of
temporary residences, such as, trailer, motor home or camper. This applies to those who have a permanent residence. No
other structure can be used as a residence without authorization issued by the Village.
7. INSPECTIONS
7.1 The Chief Administrative Officer and other duly appointed Village of Amisk officials are charged with the responsibility
and authority to enforce and carry out the provisions of this Bylaw. Any person so authorized and/or contracted by the CAO
or the Council to carry out any inspection and remedial work on a premises or property pursuant to the provisions of this
Bylaw shall have the right to enter upon such property, other than a dwelling house, to carry out such inspection or work.
7.2 A Bylaw Officer, when investigating an alleged contravention of this Bylaw, is hereby authorized to enter upon any
lands, buildings or premises, other than a dwelling house, to inspect for conditions that may constitute a nuisance, or
otherwise contravene the provisions of this Bylaw. A Bylaw Officer may thereafter issue a verbal or written order to the
owner or occupant thereof to remedy any condition(s) of the subject premises or property that have been found to be in
contravention of this Bylaw.
8. ENFORCEMENT
8.1 Where a Bylaw Officer has reasonable grounds to believe that a person has contravened any provision of this Bylaw, the
Bylaw Officer may commence proceedings against such person by:
a.
Issuing a person a Violation Ticket pursuant to the provisions of Part 2 of the Provincial Offences Procedure Act; or
b. Swearing out an information and Complaint against the person.
8.2 Where a Bylaw Officer issues a person a Violation Ticket in accordance with section 8.1 of this Bylaw, the Officer
may either:
a. Allow the person to pay the specified penalty as provided for in sections 10.1 and 10.2 of this Bylaw by indicating
such specified penalty on the Violation Ticket; or
b. Require a Court appearance of the person where the Bylaw Officer believes that such appearance is in the public
interest, pursuant to the provisions of Part 2 of the Provincial Offences Procedure Act.
8.3 Notwithstanding any other provision of this Bylaw, a Bylaw Officer, upon receiving and reviewing a nuisance or
unsightly premises complaint, shall assess the nuisance being the subject of the complaint. The investigating officer shall
then recommend or take whatever actions are considered appropriate to address the complaint, in all of the circumstances.
8.4 No provision of this Bylaw nor any action taken pursuant to any provision of this Bylaw shall restrict, limit, prevent or
preclude the Village of Amisk from pursuing any other remedy in relation to a premises or nuisance as provided by the
Municipal Government Act, or any other law of the Province of Alberta
8.5 Time limit as recommended by By-Law Officer
9. GENERAL PENALTY PROVISON
9.1 Any person that violates any provision of this Bylaw is guilty of an offence and is liable upon conviction to a maximum
fine of TEN THOUSAND DOLLARS ($10,000) or in default of payment of the fine to imprisonment for a period not
exceeding on (1) year, or both fine and imprisonment in such amounts.
10. MINIMUM AND SPECIFIED PENALTIES 10.1 The specified penalty for a violation of any provision of this
Bylaw is a fine in the amount of TWO HUNDRED DOLLARS ($200.00), and the minimum fine allowable for any
such violation is ONE HUNDRED DOLLARS ($100.00).
10.2 Notwithstanding section 10.1 of this Bylaw, if a person violates the same provision of this Bylaw twice (or more)
within a one-year period, the minimum penalty allowable for the second (and subsequent) such violation(s) shall be a fine in
the amount of FIVE HUNDRED DOLLARS ($500.00).
11. GENERAL
11.1 It is the intention of the Council of the Village of Amisk that each provision of this Bylaw should be considered as
being separate and severable from all other provisions. Should any section or provision of this Bylaw be found to have been
improperly enacted, then such section or provision shall be regarded as being severable from the rest of this Bylaw and that
the Bylaw remaining after such severance shall remain effective and enforceable.
11.2 It is the intention on the Council of the Village of Amisk that all offences created pursuant to this Bylaw be
construed and considered as being strict liability offences.
11.3 Whenever the singular and masculine gender is used in this Bylaw, the same shall include the plural,
feminine and neutral gender whenever the context so requires.
11.4 This Bylaw shall come into effect upon third reading and Bylaw #369 of the Village of Amisk is hereby
repealed upon this Bylaw coming into effect.
Read a first time this _____ day of December 2022.
Read a second time this _____ day of December 2022.
Read a third time and finally passed this _____ day of December 2022.
_____________________________________________
Mayor
______________________________________________
Municipal Administrator