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TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1718
UNSIGHTLY PROPERTY BYLAW
TOWN OF CARDSTON
BYLAW 1718
PAGE 1 OF 16
Table of Contents
PART I - TITLE, PURPOSE, DEFINITIONS AND INTERPRETATION ............. 3
TITLE .................................................................................................................... 3
PURPOSE .............................................................................................................. 3
DEFINITIONS ........................................................................................................ 3
RULES FOR INTERPRETATION ............................................................................. 5
PART II - UNSIGHTLY PROPERTY AND MAINTENANCE OF SIDEWALKS,
BOULEVARDS, BUILDINGS, AND UNOCCUPIED BUILDINGS ....................... 6
BOULEVARDS ....................................................................................................... 8
ALLEYWAY / LANES ............................................................................................. 8
STRUCTURES ....................................................................................................... 8
UNOCCUPIED STRUCTURES................................................................................. 9
PART III - ENFORCEMENT ..................................................................... 10
VICARIOUS LIABILITY ........................................................................................... 10
CORPORATION ..................................................................................................... 10
PARTNERSHIPS .................................................................................................... 10
INSPECTION .......................................................................................................... 10
NOTICE ................................................................................................................. 10
DIRECTION ........................................................................................................... 11
ORDERS ................................................................................................................ 11
TOWN MAY REMEDY UNSIGHTLY CONDITION OF PROPERTY ............................. 11
REVIEW OF ORDERS ............................................................................................ 12
APPEAL TO COURT ............................................................................................... 12
OFFENCE .............................................................................................................. 12
PENALTY ............................................................................................................... 12
POWERS OF ADMINISTRATOR ............................................................................. 13
PERMITS ............................................................................................................... 13
ENFORCEMENT OF THIS BYLAW ......................................................................... 14
PART IV - COMING INTO FORCE AND REPEAL ....................................... 14
EFFECTIVE DATE ................................................................................................. 14
REPEAL ................................................................................................................. 14
TOWN OF CARDSTON
BYLAW 1718
PAGE 2 OF 16
TOWN OF CARDSTON
IN THE PROVINCE OF ALBERTA
BYLAW 1718
UNSIGHTLY PROPERTY BYLAW
A BYLAW OF THE TOWN OF CARDSTON to promote the maintenance of Property and to
address the Abatement of Vacant and Unsightly Property within the Town of Cardston.
WHEREAS the Municipal Government Act, RSA 2000, c.M-26 and amendments thereto
authorizes municipalities to deal with unsightly property; and
WHEREAS the Municipal Government Act authorizes a municipality to pass bylaws respecting
the safety, health and welfare of people and protection of people and property; and
WHEREAS the Municipal Government Act authorizes a municipality to pass bylaws respecting
nuisances, including unsightly property; and
WHEREAS the Municipal Government Act authorizes a municipality to pass bylaws regarding
the remedying of contraventions of bylaws or any other enactment, including any or all of the
following:
1) the creation of offences;
2) for each offence, imposing a fine not exceeding $10,000 or imprisonment for not more than
one year, or both;
3) providing for imprisonment for not more than one year for non-payment of a fine or penalty;
4) providing that a person who contravenes a bylaw may pay an amount established by bylaw
and if the amount is paid, the person will not be prosecuted for the contravention;
5) providing for inspections to determine if bylaws are being complied with; and
6) remedying contraventions of bylaws; and
WHEREAS pursuant to the Safety Codes Act, a Council may make bylaws respecting the
following matters:
(a) Minimum maintenance standards for buildings and structures; and
(b) Unsightly or derelict buildings or structures; and
WHEREAS pursuant to the Agricultural Pests Act and the Weed Control Act, a Council may
pass certain bylaws and appoint Inspectors;
NOW THEREFORE THE COUNCIL OF THE TOWN OF CARDSTON ENACTS AS
FOLLOWS:
TOWN OF CARDSTON
BYLAW 1718
PAGE 3 OF 16
PART I - TITLE, PURPOSE, DEFINITIONS AND
INTERPRETATION
TITLE
1) This Bylaw may be cited as the "Unsightly Property
Bylaw".
PURPOSE
2) The purpose of this bylaw is to regulate the conduct and
activities of people on privately owned property and
immediately adjacent areas in order to promote the safe,
enjoyable and reasonable use of such property for the benefit
of all citizens of the Town.
DEFINITIONS
3) In this bylaw:
(a) "Act" means the Municipal Government Act, R.S.A.
2000, c.M-26, or as amended, enacted or modified from
time to time.
(b) "Administrator" means the Chief Administrative
Officer of the Town of Cardston or his/her duly
authorized assistants.
(c) "Alleyway/Lane" means an alley intended primarily for
access to the rear of Property located adjacent to the alley.
(d) "Boulevard" means that part of a Highway that is:
i. between the property line and the curb of the road,
normally grassed and/or landscaped;
ii. not a roadway;
iii. that part of the Sidewalk that is not especially adapted
to the use of or ordinarily used by pedestrians.
(e) "Bylaw Enforcement Officer" means a person appointed
as a Bylaw Enforcement Officer and includes any
Community Peace Officer, Bylaw Enforcement Officer,
RCMP Officer or any other Designated Officer or
inspector appointed or employed by the Town with
respect to the enforcement of Bylaws of the Town of
Cardston.
(f) "Council" means the Municipal Council of the Town.
(g) "Derelict Vehicle" means
i. a damaged, dismantled, or dilapidated vehicle or Motor
Vehicle or trailer, whether insured or registered or not,
ii. a Motor Vehicle or trailer which does not have
TOWN OF CARDSTON
BYLAW 1718
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subsisting registration and bear a valid license plate,
iii. a Motor Vehicle or trailer which is inoperable by
reason of disrepair, removed parts, or missing
equipment and which is otherwise not in a roadworthy
condition whether or not it has subsisting registration
and bears a valid license plate.
(h) "Designated Officer" means a designated officer in
accordance with the Act.
(i) "Direction" means a written direction in accordance with
Section 19 of this Bylaw.
(j) "Highway" the same meaning as in the Traffic Safety Act.
(k) "Maintain" means to keep in a clean and tidy condition,
i.e. grass cut, clear of debris, snow or ice, etc.
(l) "Motor Vehicle" has the same meaning as in the Traffic
Safety Act.
(m) "Non-Residential Property" means all Property that is
not Residential Property.
(n) "Occupy" or "Occupies" means residing on or to be in
apparent possession or control of Property.
(o) "Order" means a written order in accordance with the
Act.
(p) "Owner" or "own" or "owns" means
i. in respect of land, the Person who is registered under
the Land Titles Act as the owner of the fee simple
estate in the land,
ii. in respect of Property other than land, the Person in
lawful possession of it.
(q) "Person" means any individual, firm, partnership,
association, corporation, trustee, executor, administrator
or other legal representative.
(r) "Property" means
i. a parcel of land,
ii. a Structure,
iii. a parcel of land and any Structures located thereon.
(s) "Residential Property" means any Property that is used
for residential purposes, and includes a residential
dwelling that contains a home occupation business and a
residential dwelling that is under construction.
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BYLAW 1718
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(t) "Sidewalk" means that part of the Highway especially
adapted to the use of or ordinarily used by pedestrians and
includes that part of a Highway between the curb line or,
where there is no curb line, the edge of the roadway, and
the adjacent property line whether or not it is paved or
unpaved.
(u) "Structure" means a building or other thing and any part
of a building or structure erected or placed in, on, over or
under land, whether or not it is so affixed to the land as to
become transferred without special mention by a transfer
or sale of the land.
(v) "Town" means the Town of Cardston.
(w) "Unsightly Property" means Property described in
Section 6 of this Bylaw.
(x) "Violation Ticket" has the same meaning as in the
Provincial Offences Procedure Act.
RULES FOR
INTERPRETATION
4) The following shall be considered in interpreting this Bylaw:
(a) The Owner of any real property, as registered on title at
the Land Titles Office is ultimately responsible for all
activities on the Property which may constitute
prohibitions of this Bylaw.
(b) Nothing in this Bylaw relieves a Person from complying
with any Federal or Provincial law or regulation, other
bylaw, or any requirements of any lawful permit, order, or
license, nor shall it limit any other rights or remedies the
Town may have under any other such laws, regulations,
bylaws, permits, orders or licenses.
(c) Where this Bylaw refers to another act, bylaw, regulation
or agency, it includes reference to any act, bylaw,
regulation or agency that may be substituted therefore.
(d) A Person who owns or Occupies land shall be considered
to Occupy that portion of any Highway between the
property line and the curb of the Highway.
(e) Every provision of this Bylaw is independent of all other
provisions and if any provision of this Bylaw is declared
invalid for any reason by a Court of competent
jurisdiction, all other provisions of this Bylaw shall
remain valid and enforceable.
(f) All references in this Bylaw will be read with such
changes in number and gender as may be appropriate
according to whether the reference is to a male or female
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BYLAW 1718
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Person, or a corporation or partnership.
(g) All schedules attached to this Bylaw shall form part of
this Bylaw.
PART II - UNSIGHTLY PROPERTY AND MAINTENANCE OF
SIDEWALKS, BOULEVARDS, BUILDINGS, AND UNOCCUPIED
BUILDINGS
UNSIGHTLY
PROPERTY
5) A Person shall not cause or permit a nuisance or Unsightly
Property to exist on land they own or Occupy.
6)
(a) For the purpose of greater certainty, a nuisance or
Unsightly Property is Property that, in the opinion of a
Bylaw Enforcement Officer, is detrimental to the
surrounding area because of its unsightly condition.
(b) Some factors which may be considered by a Bylaw
Enforcement Officer in determining whether Property is
Unsightly Property or nuisance include the following:
i. the location, zoning, use and visibility of Property;
ii. the presence of uncut grass or weeds higher than 15
centimetres;
iii. smelly or messy compost heaps;
iv. production of excessive dust, dirt or smoke;
v. production of any generally offensive odours;
vi. the presence of trees, shrubs or other vegetation in such
a manner that they interfere with the use of or obstruct
visibility of street signage, Sidewalks, roadway
clearance, municipal works or public utilities;
vii. The storage, presence or accumulation of a Derelict
Vehicle or the storage of Derelict Vehicle/s on any
Non-Residential Property or Residential Property
except vehicles that are stored in an approved
accessory Structure;
viii. the storage or accumulation of garbage, litter, refuse
(including but not limited to building materials, tires,
boxes, scrap material), equipment, dilapidated furniture
or appliances, machinery, machinery parts or other
similar materials or items;
TOWN OF CARDSTON
BYLAW 1718
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ix. the unorganized storing or keeping of refuse, building
materials, or metals including machinery and auto and
truck and other types of vehicles, parts, or any other
contraption;
x. specific or general lack of repair or maintenance
including but not limited to:
(1) significant deterioration of Structures or portions
of Structures;
(2) broken or missing windows, siding, shingles,
shutters, eaves or other building materials;
(3) significant fading, chipping or pealing of painted
areas of Structures;
(4) exterior doors or windows in a Structure that do
not operate as they were intended to or do not fit
tightly within their frames when closed;
(5) exterior doors, windows or openings in a Structure
that are not properly constructed or Maintained so
as to completely exclude rain;
(6) exterior doors, windows or other openings in a
Structure that are covered with wood where the
wood is not:
(a)
installed and fitted within the frame of the
opening in a watertight manner;
(b)
of a thickness sufficient to prevent
unauthorized entry to the Structure;
(c)
secured in a manner sufficient to prevent
unauthorized entry to the Structure; or
(d)
coated with a protective finish that is similar
in colour to the colour of the Structure;
xi. any accessible excavation, ditch, drain or standing
water that could pose a danger to the public;
xii. any construction project or activity not completed
within five years of the date the building permit for the
project or activity was issued by the Town or, if no
permit was issued or required, within three years of
starting construction;
xiii. in a Residential Property, the condition of permitting
the storing of goods and equipment or materials, used
in connection with a hobby or business that is not a
home occupation business duly licensed and is not
TOWN OF CARDSTON
BYLAW 1718
PAGE 8 OF 16
pleasing to the sight;
xiv. in a Residential Property, the condition of permitting a
Derelict Vehicle or parts thereof which are in an unsafe
or unsightly condition to remain outside a Structure or
on Property located within the boundaries;
xv. the accumulation of dirt, soil, gravel, rocks,
disassembled equipment or machinery, broken
household chattels or goods;
xvi. open or exposed storage of any industrial fluid,
including engine oil, brake fluid, battery fluid, or
antifreeze; or
xvii. any other form of scrap, litter, trash, junk or waste of
any kind.
(c) Subsection 6(b) is not intended to be an exhaustive list of
factors which may be considered in determining whether
Property is Unsightly Property.
BOULEVARDS
7) A Person shall Maintain any Boulevard adjacent to land they
own or Occupy to a standard consistent with said land;
including, but not limited to the following activities:
(a) keeping any grass on the Boulevard cut to a reasonable
length; and
(b) removing any accumulation of fallen leaves or other
debris.
ALLEYWAY /
LANES
8) A Person shall Maintain any Alleyway/Lane adjacent to
Property they own or Occupy to a standard consistent with
said Property; including, but not limited to the following
activities:
(a) keeping any grass on the Alleyway/Lane cut to a
reasonable length; and
(b) removing any accumulation of fallen leaves or other
debris.
STRUCTURES
9) A Person shall not cause or permit a nuisance or Unsightly
Property to exist with respect to Property they own or
Occupy.
10) For the purpose of greater certainty, a nuisance or Unsightly
Property, in respect of a Structure, means a Structure showing
signs of a serious disregard for general maintenance and
upkeep, whether or not it is detrimental to the surrounding
TOWN OF CARDSTON
BYLAW 1718
PAGE 9 OF 16
area; some examples of which include:
(a) any damage to the Structure;
(b) any graffiti displayed on the Structure that is visible from
any surrounding Property;
(c) any rot or other deterioration within the Structure; and
(d) any inappropriate infiltration of air, moisture or water into
the Structure due to peeling, unpainted or untreated
surfaces, missing shingles or other roofing materials,
broken or missing windows or doors, or any other hole or
opening in the Structure.
UNOCCUPIED
STRUCTURES
11) If a Structure normally intended for human habitation is
unoccupied, then any door or window opening in the
Structure may be covered with a solid piece of wood but only
if the wood is:
(a) installed and fitted within the frame of the opening in a
watertight manner;
(b) of a thickness sufficient to prevent unauthorized entry into
the Structure;
(c) secured in a manner sufficient to prevent unauthorized
entry into the Structure; and
(d) coated with protective finish in a manner that is not
detrimental to the surrounding area.
12) The Owner of a vacant/unoccupied Structure or Property
must Maintain it in compliance with the standards set out in
this Bylaw, including, but not limited to:
(a) If a Structure or Property normally intended for human
habitation is unoccupied then every public Sidewalk
adjacent to the Property shall be Maintained clear of all
snow and ice by the Person who owns the Property or
their contractor/property manager;
(b) The Owner of any Structure or Property that is vacant
must remove all signage from the Structure or Property
that would indicate that a business may in fact be in
operation;
(c) The Owner of a vacant Property must ensure that the
Structure is secure from unauthorized entry.
(d) Vacant Structures that have not been occupied for a year
or more may be inspected inside and out, by a Town
appointed official, to verify safety and fire codes;
TOWN OF CARDSTON
BYLAW 1718
PAGE 10 OF 16
(e) The Owner of a vacant Structure who desires to demolish
the vacant Structure must first acquire a demolition permit
from the Town of Cardston.
13) A Person shall not obstruct or hinder any Bylaw Enforcement
Officer or Administrator, or person assisting a Bylaw
Enforcement Officer or Administrator, in the exercise of their
duties pursuant to this Bylaw.
PART III - ENFORCEMENT
VICARIOUS
LIABILITY
14) For the purposes of this Bylaw, an act or omission by an
employee or agent of a Person is deemed also to be an act or
omission of the Person if the act or omission occurred in the
course of the employee's employment with the Person, or in
the course of the agent's exercising the powers or performing
the duties on behalf of the Person under their agency
relationship.
CORPORATION
15) When a corporation commits an offence under this bylaw,
every principal, director, manager, employee or agent of the
corporation who authorized the act or omission that
constitutes the offence or assented to or acquiesced or
participated in the act or omission that constitutes the offence
is guilty of the offence whether or not the corporation has
been prosecuted for the offence.
PARTNERSHIPS
16) If a partner in a partnership is guilty of an offence under this
bylaw, each partner in that partnership who authorized the act
or omission that constitutes the offence or assented to or
acquiesced or participated in the act or omission that
constitutes the offence is guilty of the offence.
INSPECTION
17) A Bylaw Enforcement Officer may inspect Property in
accordance with the Act for the purposes of determining
whether:
(a) Property is Unsightly Property under this Bylaw;
(b) Property, because of its unsightly condition, is
detrimental to the surrounding area;
(c) there has been compliance with a Direction or Order
issued under Section 18 of this Bylaw.
NOTICE
18) Any Direction or Order given pursuant to this Bylaw shall be
deemed to have been duly given and served on the Owner as
TOWN OF CARDSTON
BYLAW 1718
PAGE 11 OF 16
shown on the assessment roll:
(a) on it being personally delivered to the Owner; or
(b) on leaving it with a person deemed by the Bylaw
Enforcement Officer to be over the age of sixteen (16)
years at the Property of the Person to whom the notice is
addressed; or
(c) by posting it in a conspicuous place on the Property or a
Structure on the Property; or
(d) by sending it by regular or registered mail to the Owner.
DIRECTION
19) If a Bylaw Enforcement Officer forms the opinion that the
Property is Unsightly Property or nuisance, the Bylaw
Enforcement Officer may issue a written Direction to the
Owner or occupier of the Property. The Direction may require
the Owner or occupier of the Unsightly Property to improve
the appearance or condition of the Property in the manner
specified and may state a time within which the Person must
comply with the Direction.
ORDERS
20) If, in the opinion of the Bylaw Enforcement Officer, Property
is detrimental to the surrounding area because of its unsightly
condition, the Bylaw Enforcement Officer may:
(a) issue a written Order in accordance with Section 545 of
the Act; and,
(b) impose a condition under the written Order on the Owner
or occupier of an Unsightly Property which prevents any
Owner or occupier at the Property from attending any
transfer station for the purpose of removing, salvaging or
otherwise taking any material from the transfer station; or,
(c) impose any other condition on the Owner or occupier of
an Unsightly Property which the Bylaw Enforcement
Officer deems necessary to prevent the continuation of an
offence pursuant to the Unsightly Property Bylaw.
TOWN MAY
REMEDY
UNSIGHTLY
CONDITION OF
PROPERTY
21) If an Order has been issued, the Town may take whatever
actions or measures are necessary to:
(a) deal with the unsightly condition of Property in
accordance with the Act and cause any work necessary to
remedy the condition to be done;
(b) collect any unpaid costs or expenses incurred by the Town
in accordance with the Act, including but not limited to:
i. charging the cost against the Property as taxes due and
TOWN OF CARDSTON
BYLAW 1718
PAGE 12 OF 16
owing by adding all costs to the tax roll of the
premises;
ii. recovering the cost of the debt due to the Town in a
court of competent jurisdiction by way of a civil
action.
REVIEW OF
ORDERS
22) Council may review Orders in accordance with the Act.
23) A Person who receives an Order may request the Council
review the Order by written notice delivered to the following
address:
The Town Clerk
Office of the Town
Box 280
67 - 3 Avenue West
Cardston, AB T0K 0K0
within 7 days of the date the Order is received.
APPEAL TO
COURT
24) After reviewing the Order, Council may confirm, vary,
substitute, or cancel the Order in accordance the Act.
25) A Person affected by the decision of the Council under
Section 24 may appeal to the Court of King's Bench in
accordance with the Act.
OFFENCE
26) A Person who breaches, or fails to comply with any provision
of this Bylaw is guilty of an offence.
27) Each day, or part of a day, that an offence under this Bylaw
continues constitutes a separate offence.
PENALTY
28) Where a Bylaw Enforcement Officer believes, on reasonable
and probable grounds, that a Person has contravened any
provision of this Bylaw, the Officer may commence
proceedings by issuing a Violation Ticket in accordance with
the Provincial Offences Procedure Act.
29) Where a Bylaw Enforcement Officer issues a Person a
Violation Ticket in accordance with Section 28 of this Bylaw,
the Officer may either:
(a) allow the Person to pay the specified penalty as
established by this Bylaw by indicating said penalty on
the Violation Ticket; or,
(b) require a Court appearance of the Person where the
Community Peace Officer believes that such appearance
TOWN OF CARDSTON
BYLAW 1718
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is in the public interest.
30) Any Person who contravenes any provision of this Bylaw is
guilty of an offence and is liable on summary conviction to a
fine of not more than ten thousand ($10,000) dollars and in
default of payment is liable to imprisonment for a term not
exceeding six (6) months.
31) The specified penalty for a violation of any provision of this
Bylaw is a fine in the amount of five hundred dollars ($500).
32) If a Person violates the same provision of this Bylaw twice
(or more) within a one-year period, the specified penalty for
such second or any subsequent offense is a fine in the amount
of one thousand dollars ($1,000).
POWERS OF
ADMINISTRATOR
33) Without restricting any other power, duty or function granted
by this Bylaw, the Administrator may:
(a) carry out any inspections to determine compliance with
this Bylaw;
(b) take any steps or carry out any actions required to enforce
this Bylaw;
(c) take any steps or carry out any actions required to remedy
a contravention of this Bylaw;
(d) establish investigation and enforcement procedures with
respect to residential, commercial, industrial or other
types of Property and such procedures may differ
depending on the type of Property in question;
(e) establish areas where activities restricted by this Bylaw
are permitted;
(f) establish forms for the purposes of this Bylaw;
(g) issue permits with such terms and conditions as are
deemed appropriate;
(h) establish the criteria to be met for a permit pursuant to this
Bylaw;
(i) delegate any powers, duties or functions under this Bylaw
to an employee of the Town; and
(j) appoint inspectors for the purposes of the Agricultural
Pest Act and the Weed Control Act.
PERMITS
34) A Person to whom a permit has been issued pursuant to this
Bylaw, and any Person carrying out an activity otherwise
regulated, restricted or prohibited by this bylaw pursuant to
TOWN OF CARDSTON
BYLAW 1718
PAGE 14 OF 16
Received First Reading this 10 day of September, 2024
Received Second Reading this 26 day of November, 2024
Received Third & Final Reading this 26 day of November, 2024
such permit, shall comply with any terms or conditions
forming part of the permit.
35) A Person shall not make any false or misleading statement or
provide any false or misleading information to obtain a permit
pursuant to this Bylaw.
36) If any term or condition of a permit issued pursuant to this
Bylaw is contravened or if a false or misleading statement or
false or misleading information was provided to obtain the
permit, the Administrator may immediately cancel the permit.
37) The onus of proving a permit has been issued in relation to
any activity otherwise regulated, restricted or prohibited by
this Bylaw is on the Person alleging the existence of such a
permit on a balance of probabilities.
ENFORCEMENT
OF THIS BYLAW
38) The Town is not required to enforce this Bylaw. In deciding
whether to enforce this Bylaw, the Town may take into
account any practical concerns, including available municipal
budget and personnel resources.
PART IV - COMING INTO FORCE AND REPEAL
EFFECTIVE DATE
39) This Bylaw shall come in force upon the date of its third and
final reading.
REPEAL
40) Bylaw 1655 and all prior unsightly property bylaws in the
Town of Cardston and amendments thereto shall be
rescinded.
TOWN OF CARDSTON
BYLAW 1718
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Signed by the Mayor and the Chief Administrative Officer this 27 day of November, 2024
TOWN OF CARDSTON
MAYOR - Maggie Kronen
CHIEF ADMINISTRATIVE OFFICER - Jeff Shaw
TOWN OF CARDSTON
BYLAW 1718
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