ARWD Bylaw 445 – Community Standards Bylaw — full text

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## BYLAW NO. 445 A BYLAW OF THE VILLAGE OF ARROWWOOD IN THE PROVINCE OF ALBERTA "COMMUNITY STANDARD BYLAW" HEREAS Section 7 of the Municipal Government Act, being Chapter M-26 of the Revise statutes of Alberta, 2000 and amendments thereto, the Council of the Village of Arrowwood is WHEREAS the Council of the Village of Arrowwood, in the Province of Alberta, deems it expedient to pass such a Bylaw; NOW THEREFORE, THE COUNCIL OF THE VILLAGE OF ARROWWOOD DULY ASSEMBLED HEREBY ENACTS AS FOLLOWS: ## PART 1 - INTERPRETATION AND DEFINITIONS 1. This Bylaw shall be cited as the "Community Standards Bylaw". 2. (a) This Bylaw applies to all property within the corporate boundaries of the Village of Arrowwood. 3. (b) This ray became y to albie, us standard units respect to sticare. 4. (c) No building standard in this Bylaw shall be more restrictive than the building requirements, dealing with the same subject matter, contained in the Alberta Building Code and Regulations. 5. (d) A away hadies no be repaired and mascine a a re omply with such prescribed standards 3. In this Bylaw, unless the context otherwise requires: 7. (a) "Act" means the Municipal Government Act; 8. (b) "Accessory Building" means a detached building situated on the same o lots on which the principal building is located, or is being constructed and the use of which is normally subordinate and incidental to that of the principle building. 9. (c) "Animal Material" means any human or animal excrement and the whole or any part of an animal carcass and includes all material accumulated on premises from pet pens, yards, stables, veterinary clinics or hospitals, kennels or feed lots 10. (d) "Approved" means acceptable to the Building Inspector, Fire Chie and/or Bylaw Enforcement Officer, CAO or other officers appointed bi Council. 11. (e) "Ashes" means the powdery residue accumulated on premises left after the combustion of any substance and includes any partially burnt substances; 12. building" means any structure used or intended for supporting eltering any use or occupati 13. (g) "Building Material" means all construction and demolition materia accumulated on premises arising from the construction, alteration, repai or demolition of any structure and includes, but is not limited to, earth, vegetation or rock displaced during such construction, alteration, repair 14. (h) "Building Refuse (Burnable)" means waste material resulting from the renovation, repair, maintenance or construction of any building or  - structure and consists of wood or wood products and includes cardboard, paper or other similar material. - (i) "Building Refuse (Non-Burnable) means waste material resulting fron the renovation, repair, maintenance or construction of any building o Sastroat mayin tigri, pasty, or one sinia material. - pusic or preten any tim corporate of or bie bored, motel. - (k) "Bylaw Appeal Committee" means a committee to hear appeals arising from Orders issued pursuant to this Bylaw and is composed of three (3) members at large and one (1) Village Council member. - (1) "Commercial Container" means a metal container supplied by Contractor or the Vulcan and District Waste Commission - (m) "Contractor" means the person, firm or corporation hired or appointed by the Council of the Village of Arrowwood to collect and dispose of any and/or all garbage or refuse referred to in this Bylaw, - (n) "Clage" mean the elected officials forming the municipal council of the - (o) Development Officer" means the Development Officer of the Village o Ayaw of the Vilage of purowwoo the Land Use Bylaw being the Zonin - Dry Rubble" means soil, rock, brick, stone, concrete or cinder bloc oncrete, sand, gravel or other similar materia - (a) "Dwelling" means a building or structure or part of a building or structure occupied or capable of being occupied in whole or in part for the - (г) "Enforcement Officer" means: - a) A bylaw enforcement officer as appointed by the Village of Arrowwood; - b) A Special Constable as appointed under the Police Act; or - c) A member of the Royal Canadian Mounted Police. - (s) "Fire Pit" includes a permanently affixed outdoor fire receptacle and portable fire receptacle - (t) "Fire Place" means an enclosed and permanently affixed outdoor fire receptacle which incorporates a permanently affixed chimney or flue, and is constructed of brick, rock or other masonry. - (u) "Portable Fire Receptacle" means an outdoor fire receptacle which is not permanently affixed - (v) "Garbage" means material composed of organic matter which is or may become decomposed, including the by-products from the preparation, consumption or storage of food; - (w) "Garden Refuse" means grass clippings, shrubbery and tree pruning, weeds, trees, turf, earth waste, tree stumps, roots, fruit and vegetable matter, - (x) "Householder" means any owner occupant, tenant, lessee, or any other - (y) "Household Container" means a metal or plastic waterproof container of a diameter not less than 40 cm. or more than 60 cm. and of a height not more than 90 cm. or less than 50 cm. weighing no more than 25 kg with a tight fitting lid and handles and tapered so as to be of greater diamete at the top than the bottom,  - (z) "Household Garbage Stand" means a structure of a height not exceeding 60 cm. nor less than 20 cm. above ground and constructed in such a manner so as to prevent cans from being overturned and to accommodate seven days garbage or refuse. Such stands shall be placed on private property (not on boulevards or in lanes) in such a position as to be easily accessible to the contractor, - (aa) "Highway" means any thoroughfare, street, road, trail, avenue, parkway, Vehicles and includes: - (i) a sidewalk (including a boulevard portion thereof); - (ii) where a ditch lies adjacent to and parallel with a roadway, the ditch; and - (iii) where a Highway right of way is contained within fences or between a fence and one side of a roadway all the land between the fences or all the land between the fence and edge of the oadway as the case may be, but does not include a pla eclared within this Bylaw not to be a Highwa - (bb) Metal' means car and truck bodies and their parts or componen achinery, household appliances, metal barrels, wire, metal pa metal sheathing or other similar metal products, - (cc) "Occupant" means a person occupying or exercising control or having he right to occupy or exercise control over Premises, including but no restricted to a lessee, occupant, or agent of an Owner - (dd) "Open Fire" means a fire that is not confined within a non-combustible container or structure. - (ee) "Order" means a written notice of a contravention of this Bylaw directin he actions an Owner or Occupant is to take regarding the contravention - (ff) "Owner" means a person registered as owner of Premises under the Land Titles Act - (gg) "Premises" means any land, building, or property, whether real or personal; - (hh) "Public Health Inspector" means a Public Health Inspector appointed b he Village of Arrowwood or by the Calgary Health Region, of which th Village is a member. - (ii)* "Refuse" means tin cans, food containers, glass, paper, clothing, plastic or other similar material - (i) "Village" means the Municipal Corporation of the Village of Arrowwood, in the Province of Alberta or, where the context requires, a duly authorized official of the Municipal Corporation of the Village of Arrowwood or, where he context requires, the area that is contained in the boundaries of the Village of Arrowwooc - (kk) "Unsightly Premises" means any Premises or part thereof which is - (i) any rubbish, refuse, trash, papers, packages, containers, bottles, cans, sewage, dirt, soil, gravel, rocks, sod, petroleum products, hazardous recyclables, substances and wastes as defined in the Environmental Protection and Enhancement Act, household dishes and utensils, boxes, cartons, fabrics or household goods; - (ii) the whole or part of any motor vehicle as defined under the Traffic Safety Act as amended, as well as any tractor or implement of husbandry:  - (a) which has no current license plate attached to it and in respect of which no registration certificate has bee ssued for the current year; o (b) hich is inoperative by reason of disassembly, age echanical conditior quipment or machinery which has been rendered inoperative b eason of disassembly, age or mechanical condition includin household appliances; (iv) Animal Material, Yard Material, Ashes, Building Material and Garbage; (v) all forms of waste, refuse and litter; and (vi) Weeds. "Violation Ticket" means an offence notice issued by means of a Violation Ticket as described in Part 2 of the Provincial Offences Procedure Act; (mm) "Weeds" means plants designated as noxious and nuisance weeds as defined in the Weed Control Act, RSA 2000 c W-5 and Alberta Regulation 171/2001, as amended or replaced from time to time. (nn) "Yard" means that portion of a lot or parcel of land contained within the property lines of the lot or parcel of land, building or buildings, and "Yard Material" means organic matter formed as a result of gardening or horticultural pursuits and includes sod, grass, tree and hedge cuttings and clippings. ## PART 2 - REMEDIAL ORDERS 4. an Enforcement Officer considers any Premises to be in contravention ny section of this Bylaw, the Enforcement Officer shall cause a Remedial Ord to be served upon the Owner or Occupant of such Premises directing that the Owner or Occupant remedy conditions as on said Premises. 5. (1) Service of an Order upon an Owner or Occupant shall be sufficient if it is: 3. (a) personally served upon the Owner or Occupant; or 4. (b) served by mail: 5. (i) to the mailing address of the Premises, and 6. (ii) if the Premises is not occupied by the Owner of the Premises, to the mailing address noted on the Village's tax roll for the Premises; 7. (c) eft with a competent person residing with said Owner o Occupant; o 8. (d) osted to the door of the Premises or in any othe onspicuous place on the Premises - (2) Such Order shall be deemed to have been received: 10. (a) five days from the date of mailing; or 11. (b) - (3) Each Order shall: 13. (a) describe the Property by its municipal address and legal description; 14. (b) identify the date that it is issued; 15. (c) state how the Premises contravenes the provisions of this Bylaw;  (d) (e) (t) give reasonable particulars of the extent of the clean up, removal, clearing or other actions required to be made; state the time within which the clean up, removal clearing or other actions are to be done state that if the eid gections are not done within the (i) arry out the actions required and charge tr ost thereof against the Owner or Occupant; (ii) (g) tate that an appeal lies from the Order upon the filin f a Notice of Appeal within the time specified in th Order for compliance with the Order, or 14 days, whichever is less. (4) 6. An Owner or Occupant served with an Order may comply with the Order by entering into a written agreement within thirty (30) days with the Village of Arrowwood, for the Village to carry out the actions required by the Order. 7. (1) An Owner or Occupant may appeal an Order issued pursuant to sectior 6 of this Bylaw by filing a Notice of Appeal (2) A Notice of Appeal shall be in writing, be signed by the appellant or by an agent on behalf of the appellant, and shall state; ) the date, the name and address of the appellant and the agent, ny; the interest of the appellant in the Premise (b) a copy of the Order in respect of which the appeal is being taken; (c) the legal description of the Premises affected; (d) the grounds for appeal. (3) A Notice of Appeal shall be delivered personally or sent by double registered mail to the Village within the time specified in the Order fo compliance with the Order, or ten days, whichever is less (4) A Notice of Appeal shall be accompanied by a deposit in the amount specified in Schedule "A" (5) The deposit made under subsection (4) shall be refunded if the appellant is successful in their appeal. 8. The Bylaw Appeal Committee shall hear appeals arising from Orders issued pursuant to this Bylaw. 9. (1) Within 15 days from the day of receipt of a Notice of Appeal the Bylaw Appeal Committee shall hear and determine the appeal. (2) The Bylaw Appeal Committee may confirm, rescind, or vary the Order issued. 10. (1) If an Owner or Occupant served with an Order fails to comply with the provisions of the Order, or with the decision of the Bylaw Appea ommittee upon appeal of the Order, within the time fixed by the Orde r the Bylaw Appeal Committee, an Enforcement Officer may cause Violation Ticket to be served upon the Owner or Occupant pursuant to Part 2 of the Provincial Offences Procedure Act. (2) If an Owner or Occupant served with an Order fails to comply with the Committee upon appeal of the Order, within the time fixed by the Order, the Village may comply with the Order at the expense of the Owner or Occupant served as per section 5 (3) (f) (i).  11. If the expense and cost incurred by the Village pursuant to section 12 of this Bylaw is not paid by said Owner or Occupant, the Village may (a) Terist, expense and cost by action in a court of competent (b) charge the expense and cost against property of the Owner served with the Order as taxes due and owing and collectible in the same manner as Every Person who fails to comply with a Remedial Order issued pursuant to this Bylaw within the time set out in the Remedial Order commits an offence. 12. PART 3 - ENFORCEMENT 13. 14. 15. pon receiving a complaint or having a reasonable belief that there is ontravention of this By-law, a Development Officer, Fire Chief, Buildin Premises i urie at lector, oran street of may eler such Government Act, and shall produce a written or pictorial report pertaining to the complaint or belief and the results of the inspection. (1) Any person who contravenes any provision of the Bylaw by; a) doing any act or thing which the Person is prohibited from doing; or b) failing to do any act or thing the Person is required to do; is guilty of an offence. (2) Any Person who is convicted of an offence pursuant to this Bylaw is liable on summary conviction to a fine not exceeding $10,000.00 and in defaul of payment of any fine imposed, to a period of imprisonment not exceeding six (6) months. (1) Where an Enforcement Officer believes that a Person has contravened any provisions of the Bylaw, the Enforcement Officer may commence proceedings against the Person by issuing a violation ticket pursuant to the Provincial Offences Procedures Act, RSA 2000 c. P-24. (2) (3) (4) (5) (6) Where there is a specified penalty listed for an offence in Schedule "A" of this Bylaw, that amount is the specified penalty for the offence. Where there is a minimum penalty listed for an offence in Schedule "A" of this Bylaw, that amount is the minimum penalty for the offence. Notwithstanding specified and minimum penalties set out in Schedule "A" to this Bylaw: a) if a Person is convicted twice of the same provision of this Bylaw within a 12 month period, the minimum penalty for the second conviction shall be the amount specified in Schedule "A" if a Person is convicted three or more times of the same provision of this Bylaw within a 12 month period, the minimum penalty for the third and subsequent convictions shall be double the amount specified in Schedule "A". This Section shall not prevent any Enforcement Officer from issuing a violation ticket requiring a court appearance of the defendant, to the prurians of the Provincial Offences Procedures Act, RSA 2000 1-24, or from laying an order or information in lieu of issuing a violation The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a Person from the necessity of paying any fees, charges or costs from which that Person is liable under the provisions of this Bylaw or any other bylaw.  16. The expense and cost incurred by the Village pursuant to section 12 of this 3ylaw may be charged to an Owner or Occupant in addition to any paymen made pursuant to section 14 or 15 of this Bylaw ## PART 4 - PROPERTY MAINTAINACE, UNTIDINESS AND WEED CONTROL 17. he standards, requirements and prohibitions contained in this Part shall apply nd monial sidentil non-residential properties and vacant lots within resident 2. (1) 3. age of Arrowwood 4. The owner, lessee, tenant or agent of the owner is required t the grass and maintain all trees and plants on the boulev adjoining the property owned or occupied by them, (as defined i the Village of Arrowwood Land Use Bylaw. - d) The owner, lessee, tenant or agent of the owner is required to: 6. (i) 7. (ii) move all dirt and other obstructions from the sidewall tuated on land adjoining the property owned occupied by them. - e) The owner, lessee, tenant or agent of the owner is required to control 9. No owner, lessee, tenant or agent of the owner shall cause ( maintain an Unsightly Premise - (2) Accessory Buildings 11. (a) Accessory aridins wi use is or arciens, a re from hazards - (3) Exterior Walls and Roofs 13. (a) Exterior wall finishing and roofs, including facia board, soffit, cornices and flashing will be maintained in a water tight condition or the community neat in uniformity with the aesthetic appearance - (4) Fences and Accessory Structures 15. (a) All fences, barriers and retaining walls around or upon the property shall be kept in a reasonable state of repair consistent with the aesthetic appearance of the community. - (5) Safe Passage 17. (a) Steps, sidewalks, driveways, parking spaces, and similar areas wil be maintained so as to afford the safe passage under norma use and weather conditions. - (6) Signs 19. (a) All signs and billboards will be maintained in good repair. Any  Pain or bie are which are resively faded, e here ced. PART 5 - FIRE ON PREMISES 18. No Person shall burn, cause or allow to be burned, a fire on a Premises th loes not comply with the requirements of this Bylav 19. o Person shall light an open fire within the Village of Arrowwood, without urning permit 20. 21. 22. 23. 24. 25. /hen issuing a burning permit, the Fire Chief or Deputy Fire Chief, may iss e permit unconditionally, or impose conditions he deems appropriate at t time. Tays tor which is val have endorsed thereon, a term of maximum five (5) A burning permit shall not be issued to a person who is under the age of eighieen very Person who builds, ignites or allows a fire on a Premise must ensure th he fire is not left unsupervised at any tim (1) No Person shall burn, at any time, on any Premises, the following materials: a) treated or painted lumber; b) lumber products containing glue or resin; c) wet or unseasoned wood; d) leaves, brush or yard waste; e) garbage; f) rubber, tires or plastic, or g) any animal carcass or part thereof. (2) No Person shall ignite or allow a fire to burn on a Premise betwee Midnight and eight o'clock the following mornin 26. 27. A Person may build, ignite or allow a fire on a Premises in a Fire Pit as long as that Person ensures that the fire is contained in a Fire Pit that: a) b) is constructed of non-combustible material; has an open fame area that does not exceed one (1) meter at its widest c) does not have walls which exceed 0.75 meters in height measured from the floor of the Fire Pit to the top of the wall of the Fire Pit excluding any chimney; d) is set upon or built into the bare ground or non-combustible material such as brick, metal or stone; e) is situated at least two (2) meters from any house, garage or similar structure including wooden decks, porches and similar amenity space attached to a structure measured from the part of the Fire Pit which is closest to the structure or amenity space;  - g) is not located under any tree or overhanging branches. 28. Notwithstanding Section 27(e) a Person may build, ignite or allow a fire in a Portable Fire Receptacle on a wooden deck as long as that Person ensures a) non-combustible material such as brick or stone is placed between th ortable Fire Receptacle and the wooden deck; ar b) 29. Notwithstanding any provisions in this bylaw, the Fire Chief or Deputy Fire Chief may declare a complete ban on any burning of any kind within the Village of Arrowwood. 30. No Person shall build, ignite or allow any kind of fire when a complete ban or burning has been declared by the Fire Chief or Deputy Fire Chief and is in effect 31. A member or he Fine spannent an a from is i ficer may direct a Person 32. A Parson to a to cremen i the trinine of ey ering is a fire during a 3. e aforement an er, as and he maybe of the fine rea ce, and the member of the Fire Department ## PART 6 - REGULATION OF NOISE 33. No Person shall make, continue or cause to be made or continued any loud unnecessary or unusual noise or any noise whatsoever, which annoys, disturbs. in uter persons in the vicants from the comfort, repose, health, peace or safety 34. No Person, being the owner or occupier of a Premise, shall allow or permit su remises to be used so that there emanates from there any lou untraces from runs, is echeat, pe die or a ety ors, enter persons in 35. 36. No Person shall operate a motor vehicle or motorcycle or leave the engine o such motor vehicle or motorcycle running at any time of the day or night, in suc a manner as to disturb the peace, quiet, rest, enjoyment, comfort o convenience of other persons in the vicinity No Person shall own, keep or harbor any animal or bird which, by its cries, listurb the peace, quiet, rest, enjoyment, comfort or convenience o ther persons in the vicinity 37. 38. 39. 29), operate a one away over, power snow removal eupment or mounted model aircraft. No Person shall on any day, between 11:00 PM and 7:00 AM on the following day, permit any loud parties, outdoor speaker systems, or any audio/video enemen either teen rest, oyment, comfort or 2. 40. ## PART 7 - REGULATION OF COMPOSTING - No Owner or occupier of a Premise shall place or allow to be placed cat fece dog feces, animal parts or animal meat on a Composting pile or in a Compostin - container on the Premises. 42. Every Owner or occupier who allows a Composting container or a Composting Pile to remain on a Premise must ensure that it is maintained in such a manne that it does not become a nuisance by: creating offensive odors; attracting pest ## PART 8 - NUISANCES ESCAPING PROPERTY ## 44.  Saves out cute rene toe shal direct any rainwater downspout from the - a) the front of the Premises; - b) the rear of the Premises; c) a side yard which does not abut another Premises; or - d) a side yard which abuts another Premise only if there is a minimum of (six) 6 eaves trough and the adjacent Premises outal of the downspout or 2. 46. ## PART 9 - PENALTIES and FEES 61. 62. ## PART 10 - REPELLANT 63. ## COMING INTO FORCE 64. The present bylaw will come into force on the day of its final reading. Read a First time this 12th day of November, 2019. Read a Second time this 12th day of November, 2019. Unanimous consent to proceed to a third reading on the 12t day of November, 2019. Read a Third and final time this 12'h day of November, 2019.   C.N. Nothett Christopher Northcott Chief Administrative Officer unfettime Matt Crane Mayor As defined in Schedule "A". This Schedule "A" can be modified by resolution of Council. Any other bylaws of the same effect are hereby repealed. ## SCHEDULE ''A" ## SPECIFIED PENALTIES and FEES ## Penalties for Contravention of any Section within this Bylaw: | First Offence | $100.00 | |---------------------------------------------------------|-----------| | Second Offence (within a 12 month period) | $250.00 | | Third and Subsequent Offence (within a 12 month period) | | ## Fees Real cost of remediation by Village of Arrowwood staff or by a contractor hired by the Village. Additional 20% Administration Fee over and above real cost. Appeal fees $200.00 $500.00