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TOWN OF BASHAW
BY-LAW 680-2004
BY-LAW NO 680-2004 BEING A BY-LAW OF THE TOWN OF BASHAW, IN THE
PROVINCE OF ALBERTA TO PROVIDE FOR THE
ESTABLISHMENT OF A NUISANCE AND UNTIDY OR
UNSIGHTLY PREMISES BY-LAW.
Pursuant to the provisions of the Municipal
Government Act, Chapter M-26, RSA 2000 and
amendments thereto:
WHEREAS
Section 7 (a) of the Municipal Government Act
allows a Council to pass By-laws for
municipal purposes respecting the safety,
health and welfare of people and the
protection of people and property;
AND WHEREAS
Section 545 grants Council the authority to
order to remedy contraventions;
AND WHEREAS
Section 546 grants Council the authority to
order to remedy dangers and unsightly
property;
AND WHEREAS
Section 549 grants Council the authority to
take whatever actions or measures are
necessary to remedy contraventions;
AND WHEREAS
Section 550 grants Council the authority to
take whatever actions or measures are
necessary to eliminate dangers and unsightly
property;
AND WHEREAS
Council deems it expedient and proper to
regulate and control nuisances and untidy or
unsightly premises within the municipality;
NOW THEREFORE
The Council of the Town of Bashaw, in the
Province of Alberta, duly assembled, HEREBY
ENACTS AS FOLLOWS:
TITLE
This by-law may be cited as the "Nuisance and
Untidy or Unsightly Property By-law".
1. DEFINITIONS
(a)
BY-LAW ENFORCEMENT OFFICER shall mean a
person appointed as such by Council
pursuant to the Municipal Government
Act.
(b)
TOWN shall mean the Town of Bashaw, a
Municipal corporation of the Province of
Alberta, and whether the context so
requires means the area contained within
the corporate boundaries of the said
municipality.
(c)
COUNCIL shall mean the Municipal Council
of the Town of Bashaw.
(d)
DAYLIGHT HOURS shall mean sunrise to
sunset according to local time
regardless of the day of the week.
BY-LAW 680-2004 Page 2
(e)
DERELICT VEHICLE shall mean any
abandoned vehicle, any unroadworthy
vehicle, a dilapidated vehicle, any
vehicle used for racing, any stripped
vehicle or any part of a vehicle.
(f)
NUISANCE shall mean any condition on or
around property that is untidy,
unsightly, obnoxious, offensive,
irritating, annoying, endangers the
health, peace or safety of others or
interferes with the use or enjoyment of
other property without limiting the
generality of the foregoing, a nuisance
shall include but no be limited to:
(i)
Uncut grass or weeds on property
which is taller than 20
centimetres (8 inches).
(ii)
Trees or shrubs which overhang
town roadways or sidewalks and
interfere with town workers,
public utilities or the passage
of vehicles or pedestrians.
(iii)
Dense or opaque smoke or dust
emitted into the atmosphere for
more than 6 minutes per hour.
(iv)
Any compost heap or other
materials which produce an
offensive smell.
(v)
Any material including garbage,
building materials, tires, boxes
or machine parts which when
visible contribute to an
unsightly condition.
(vi)
Structures whose exterior show
signs of significant physical
deterioration.
(vii)
Any condition on a property
which contravenes the Land Use
By-Law.
(g)
OCCUPIER shall include any person who
currently resides or is found residing
on the property.
(h)
OWNER shall include any person who:
(i) currently exercises the powers
and authority of ownership of
the property.
(ii) is registered as owner of the
property under the Land Titles
Act.
(iii) has purchased or otherwise
acquired the property, whether
directly from a previous owner
or from another purchaser and
has not yet registered
ownership.
(iv) is the person listed as the
owner of the property on the
current tax assessment account.
(i)
PERSON shall include a corporation,
Company, partnership, heirs, executors,
administrators or other legal
representation of a person, who is the
owner, agent, lessee or occupier of any
land or premises within the Town.
BY-LAW 680-2004 Page 3
(j)
PROPERTY shall mean any land, building
or premises within the Town of Bashaw.
(k)
VEHICLE shall mean any device in, on or
by which a person or thing may be
transported on a highway propelled by
any power other than muscular power.
2. No person shall:
(a)
permit the land or premises, which is
owned or occupied by them to be or to
remain a nuisance, untidy or unsightly,
(b)
permit any building, structure,
excavation, depression, drain,
watercourse, pond or other matter or
thing upon property which is owned or
occupied by them to be or remain
dangerous to public safety or health.
(c)
unless the land is zoned for business
purposes, cause or permit derelict
vehicles or other wrecked vehicles to be
stored externally on the property which
is owned or occupied by them.
(d)
permit the external storage of more than
one (1) vehicle not bearing valid
licence plates in a residential area.
2.1
Notwithstanding the provisions of
Section 2, Elm trees should only be
pruned between October and February, and
Birch trees should only be pruned
between June and August under the
direction of the Town Public Works
Department. This section shall not
apply to situations where the pruning of
a tree is of absolute necessity.
3. The Town is not in any way bound or
required to enforce this By-Law where
practical concerns or consideration make
it impracticable or undesirable for the
Town to take any enforcement action.
4. Council hereby authorizes any By-Law
Enforcement Officer, any Peace Officer,
the Fire Chief or his designate, any
Building Inspector, or any other person
authorized in writing by the Chief
Administrative Officer to enter any
lands, buildings or premises, not
including a private dwelling house,
during daylight hours to inspect for any
conditions that may constitute a nuisance
or contravene or fail to comply with the
provisions of this By-Law.
5. Every person shall cut the grass on a
boulevard and maintain trees and shrubs
which abuts or flanks a property occupied
or owned by them.
6. Council or any By-Law Enforcement Officer
shall have the authority to direct a
person, to remedy, in accordance with the
direction any condition on the land that
constitutes a contravention of this By-
Law. The said direction may include, but
is not limited to:
BY-LAW 680-2004 Page 4
(a)
removing any materials,
(b)
screening any part of the property,
including specifying the type and size
of screen,
(c)
cleaning, stacking, storing or covering
any material,
(d)
cutting grass or weeds,
(e)
pruning trees or shrubs, or
(f)
removal or demolition of a structure and
the levelling of the site.
7. The direction referred to in section 6
will be considered properly served if:
(a)
it is personally delivered to either the
owner or occupant of the property,
(b)
it is mailed by registered mail to the
last known address of the owner or
occupant of the property, or
(c)
it is posted to the door of a building
or in any other conspicuous place on the
property.
8. An owner who considers themselves
aggrieved by an order or direction
hereunder may, within fourteen (14) days
of the date upon which service of the
order or direction was made, appeal that
order or direction to Council by written
notice received by the Chief
Administrative Officer.
9. After considering an appeal, Council may
confirm the direction or, for any reason
may set aside, vary or modify the
direction.
10. If an owner considers themselves
aggrieved by the decision under section 9
hereof, they may, within thirty (30) days
of the date upon which service of the
decision was made, appeal by originating
notice of motion to the Court of Queens
Bench.
11. Any person who:
(a)
fails to remedy in such manner as
Council or a By-Law Enforcement Officer
has directed, any condition to their
land that constitutes a nuisance or,
(b)
who contravenes or fails to comply with
any of the provisions of this By-Law is
guilty of an offence and is liable upon
summary conviction to a fine of not less
than two hundred dollars ($200.00) and
not more than twenty five hundred
dollars ($2,500.00). In default of
payment of such fine is liable to
imprisonment for a term not to exceed 6
months.
(c)
Notwithstanding subsection (b), in any
case where a person contravenes any
provision of this BY-Law referred to in
Schedule "A", a By-Law Enforcement
Officer may issue a violation ticket in
the amount specified in Schedule "A"
attached to and forming part of this By-
Law.
BY-LAW 680-2004 Page 5
12. Whenever Council or a By-Law Enforcement
Officer directs that a person shall do
any matter or thing, then in default of
its being done the person shall be liable
to prosecution and it shall be no defence
for any person so prosecuted to allege
that any other person is responsible for
such default.
13. Notwithstanding a conviction of an
offence pursuant to Section 11, in any
case where a person fails, neglects or
refuses to remedy any condition directed
to be remedied, Council or a By-Law
Enforcement Officer may cause such work
to be done as Council or the By-Law
Enforcement Officer deems necessary to
remedy it, and may charge the cost of the
work done, including administration
charges referred to in Schedule "B"
attached to and forming part of this By-
Law, to remedy the condition to the
owner, agent, lessee or occupier
concerned and in default of such payment
may
(a)
recover the same as a debt due to the
Town, or
(b)
charge the same against the land
concerned as taxes due and owing in
respect of that land and recover the
same as such.
14. In any case where work is carried out by
the Town and objects or materials are
removed from the property, the Town may
destroy or otherwise dispose of the said
material immediately following the
completion of the work.
15. The Town, Council, any By-Law Enforcement
Officer who inspects property or any
person who performs any work on behalf of
the Town to remedy a nuisance is not
liable for any damages caused by the
inspection, the work, or disposing of
anything in order to complete the work
set out in the direction.
16. By-Law 373-76 is repealed.
17. This By-Law shall come into full force
and effect upon the final reading.
READ a First time this 5th day
of October A.D. 2004.
____________
MAYOR
READ a Second time this 5th day
of October A.D. 2004.
_____________
TOWN MANAGER
READ a Third time and finally
passed this 5th day
of October A.D. 2004.
BY-LAW 680-2004 Page 6
BY-LAW NO. 680-2004
SCHEDULE "A"
SCHEDULE OF FINES
OFFENCE
SECTION
FINE
Permit land or premises to be
2(a)
$100 (first
a nuisance/unsightly
offence)
$200 (second
offence)
Permit building, etc, to be
2(b)
$100 (first
dangerous
offence)
$200 (second
offence)
Store derelict vehicles on
2(c)
$100 (first
residential property
offence)
$200 (second
offence)
Fail to but grass/maintain
5
$50 (first
trees on boulevard
offence
$100 (second
offence
Fail to comply with direction
11(a)
$250 (first
(third offence)
offence)
$500
(subsequent
offence)
Note: An offence shall be considered a subsequent offence if
a person is charged with the same offence within one year of
the previous charge.
BY-LAW 680-2004 Page 7
BY-LAW NO. 680-2004
SCHEDULE "B"
Administration Charges for Section 13
$50.00 or 20% of the total cost of work done, whichever is
the greater.