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CITY OF CHESTERMERE
PROVINCE OF ALBERTA
BYLAW NO. 024-19
Being a Bylaw to regulate and abate nuisances and Unsightly Premises within the
City of Chestermere, in the Province of Alberta.
WHEREAS Section 7 of the Municipal Government Act, R.S.A. 2000, Chapter M-26
permits a council to pass bylaws respecting nuisances, including unsightly property;
the safety, health and welfare of people; and the protection of people and property;
and
WHEREAS
regulating and encouraging the abatement of Unsightly Premises and related
nuisances within the City of Chestermere; and
Council deems it necessary to provide for an efficient means of
WHEREAS Council deems it necessary to repeal and replace Bylaw No.013-11, the
existing "Unsightly Property Bylaw";
NOW, THEREFORE, THE COUNCIL OF THE CITY OF CHESTERMERE IN THE
PROVINCE OF ALBERTA, DULY ASSEMBLED, ENACTS AS FOLLOWS:
1.
TITLE
This Bylaw may be cited as the "Unsightly Premises Bylaw".
2.
DEFINITIONS
In this Bylaw, unless the context otherwise requires:
(a)
"Animal Material" means any animal excrement, offal, carcasses or
parts thereof, and Includes all material accumulated on a Premises
from the operation of pet pens, pet yards, kennels, stables, veterinary
clinics or animal hospitals;
"Appeal Fee" means a fee added to the actual expenses incurred by
the City for remedial measures taken pursuant to the provisions of this
Bylaw and such fee is equal to the greater of $150.00 or twenty
percent of the actual expenses incurred by the City;
(b)
(c) "Ashes" means the powdery residue that remains or results from the
combustion of any substance and Includes any partially burnt wood,
charcoal or coal;
1
"Building Material" means all material or debris associated with the
construction, renovation or demolition of any building or other
structure and Includes, but is not limited to: wood, gypsum board,
roofing, pipe, wiring, vinyl siding, metal, packaging material,
containers, gravel, concrete, asphalt, and any earth, vegetation or
rock displaced or stockpiled during such construction, renovation or
demolition;
(d)
"Boulevard" means that portion of a road right-of-way located between
the property line and the curb, and may include but is not limited to,
side-walks and bulb-outs;
(e)
"CAO" means the Chief Administrative Officer of the City of
Chestermere or, in his/her absence, the Person appointed as Acting
Chief Administrative Officer;
(f)
"City" means the municipal corporation of the City of Chestermere in
the Province of Alberta, or the area located within the City of
Chestermere's corporate limits, as the context requires;
(g)
"Complaint" refers to the initial reported contravention of this Bylaw,
whether such complaint is made by a member of the public, an
employee of the City, or is self-generated by an Enforcement Officer in
order to prevent continued or further contravention of the provisions of
this Bylaw;
(h)
"Control" in reference to weeds and grass means to:
(0
i.
cut, mow or carry out other measures designed to inhibit
propagation of the weed, or the excessive growth of grass; or
ii.
destroy the weed if specified by a Community Peace Officer,
Bylaw Enforcement Officer or Weed Inspector employed by the
City of Chestermere; or
iii.
carry out other measures as prescribed by a Community Peace
Officer, Bylaw Enforcement Officer or Weed Inspector
employed by the City of Chestermere;
"Council" means the Council of the City of Chestermere;
(j)
"Court" means the Provincial Court of Alberta;
(k)
"Enforcement Officer" means a Community Peace Officer, Bylaw
Enforcement Officer, RCMP Constable or other Person appointed by
the City and who is authorized to enforce Bylaws of the City of
Chestermere;
(0
2
(m)
"Garbage" means any household or commercial rubbish Including, but
not limited to, boxes, cartons, bottles, cans, containers, packaging,
wrapping material, waste paper, cardboard, food, organic waste,
discarded clothing or fabric, or any other discarded household or
commercial items;
(n)
"Graffiti"
means
words,
figures,
letters
or
drawings
scribbled,
scratched, painted or sprayed upon any surface without the consent of
the owner of the building or other surface upon which such Graffiti has
been placed;
(o)
"Including or Includes" when introducing a list of items, does not limit
the meaning of the words to those items or to items of a similar kind;
(P)
"Municipal Government Act" means the Municipal Government Act,
R.S.A. 2000, Chapter M-26, as amended or replaced from time to
time;
(q)
"Notice" means a Notice issued pursuant to the provisions of this Bylaw
requiring an Owner to remedy any condition of a property or Premises
that is not in compliance with any provision of this Bylaw;
(r)
"Owner" of a property or Premises means:
(i)
a Person who is shown as the Owner of the property on the
subject Land Title;
(ii)
a Person who is recorded as the Owner of the property on the
tax assessment roll of the City;
(iii)
a Person who is an occupant of the property or Premises
pursuant to a rental or lease agreement, licence or permit, or
who otherwise occupies the property or Premises with the
permission or consent of the legal Owner;
(iv)
a Person who has purchased or otherwise acquired the land,
whether he has purchased or otherwise acquired the land
directly from the Owner or from another purchaser, and who
has not yet become the registered Owner thereof;
(v)
a Person holding themself out as a Person having the powers
and authority
of ownership
or control of the property or
Premises, or any Person, who for the time being, exercises the
powers and authority of ownership or control of the property or
Premises; or
3
(Vi)
a Person, business, contractor, corporation or partnership
controlling or managing the property or Premises while under
construction, renovation or demolition;
'Person" means an individual or any business entity Including a firm
partnership, association, contractor, corporation, company, or society;
(s)
"Premises" means the lands, buildings, and other structures of any
property situated in whole or in part within the City, and Includes any
land or buildings owned or leased by the City;
(t)
"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;
(u)
"Residential Development" means any land that is the site of one or
more residential buildings, excepting farms, ranches, and other land
which is primarily used for bona fide industrial, agricultural, or
commercial purposes;
(v)
"Unsightly Premises" means any Premises or part thereof that clearly
shows signs of neglect, or which otherwise exhibits a significant lack of
general maintenance, clean-up, or upkeep, and which Includes but is
not limited to:
(w)
any land upon which there is an excessive, unusual, or
unreasonable accumulation of:
(i)
a. Animal Material, Ashes, Yard Material, Building Material,
Garbage, weeds, human excrement, sewage, hazardous
materials, piles of soil, clay or rubble, petroleum products,
metal, plastics, fabrics, used containers, paper products,
pipe, or any other form of scrap, litter, trash, junk, or waste
of any kind;
b. Vehicles in obvious state of significant disassemmbly, parts
of disassembled Vehicles (including tires/wheels),
appliances, machinery, equipment, or power tools;
c.
industrial equipment, components or heavy machinery;
d. surplus, disused, damaged or stored household or
commercial chattels, furniture, carpet or appliances; or
e. surplus, disused, damaged or stored Vehicles, trailers,
motorcycles, bicycles, boats and recreational Vehicles,
Including any such items that are inoperative by reason of
disrepair, removed or missing parts, age, damage, or which
are otherwise not in a legally roadworthy or functioning
condition;
4
(ii)
any building, structure, or other improvement that exhibits
significant physical deterioration, including buildings and
structures that suffer from:
a. broken (or missing) windows, siding, shingles, shutters,
eaves, roofing or finishing materials; or
b. clearly visible exterior or structural deterioration, damage or
decay, Including significant fading, chipping or pealing of
painted surfaces;
(x)
"Vehicle" has the same meaning as defined in the Traffic Safety Act,
and includes any motorized vehicle that is unable to be moved under
its own power;
"Yard Material" means waste material of an organic nature formed as a
result of gardening, landscaping, horticultural pursuits, or agricultural
activities and Includes grass, tree or shrub cuttings, waste sod and
decomposing plants, leaves, weeds and noxious or prohibited noxious
weeds.
(V)
3.
GENERAL PROHIBITION
a)
An Owner of a Premises shall ensure that the premises does not
become or continue to be an Unsightly Premises as defined in this
Bylaw.
An Owner of a Premises shall ensure that the premises does not
become or continue to be a risk of danger to the public, themselves, or
to other Premises or property.
b)
c)
An Owner of a Premises shall ensure that any garbage, refuse or
waste material placed in a bin, can, box, Vehicle or any other
recepticle located on the Premises, or placed in a Vehicle or trailer
located on a highway adjacent to the Premises, does not accumulate
to the extent that it becomes unsightly or otherwise detrimental to
adjacent or neighbouring properties.
An Owner of a Premises shall ensure that any activity or conduct of
any person occupying or using the premises does not become or
continue to be a nuisance or a risk of danger to the public, or otherwise
interfere with other Persons' repose, comfort or peaceful enjoyment of
their property.
d)
e)
When making the determination as to whether a particular premises is
an Unsightly Premises, or as to whether the owner of a premises has
allowed the premises or its occupiers to become or continue to be a
5
nuisance or risk of danger to other persons or property, the Court may
consider any admissible evidence as to:
the general condition and state of upkeep and tidiness of other
premises located in the same neighbourhood, community or
vicinity;
the nature, size, location and permitted use of the premises,
and whether or not the premises is located within a Residential
Development;
n.
the nature of the unsightly or nuisance condition complained of
and the period of time that such condition has persisted;
MI.
whether the premises has been issued a permit to undergo
construction, renovation, or demolition, and the period of time
that such activity has been ongoing;
IV.
whether the owner of the premises had been previously notified
or warned by an Enforcement Officer that the premises is not
being kept in compliance with the provisions of this Bylaw; and
v.
any other circumstances or factors relating to the premises
which the Court considers are relevant to the subject
determination.
VI.
4.
WEEDS, GRASS AND TREES
a)
An Owner of a Premises shall control all trees, sapplings, weeds and
grass on the premises, and on any Boulevard which abuts or adjoins
the premises, including up to the center of lanes or alleys at the rear or
side of the premises. An Owner shall ensure that the height of grass
on the premises is reasonably controlled so as to prevent the grass
from becoming unreasonably long and unsightly, having regard to the
typical height of the grass on adjacent or neighbouring premises.
b)
An Owner of a Premises shall not allow grasses or weeds on the
premises to exceed a height of 15 centimetres.
c)
An Owner of a Premises shall remove any trees, shrubs, foilage or
parts thereof:
i.
that overhang or encroach upon public property, and which, due
to a deterioration of condition or for any other reason, become
or create a traffic or public safety hazard; or
6
which become unsightly or which create a risk of causing
damage to public property or impedes the use of public
property.
I I.
d)
An Owner of a Premises shall control all weeds and grass on the
premises, and on any Boulevard which abuts or adjoins the premises
in accordance with the management practices set out by the Alberta
Environmental Protection and Enhancement Act for an Integrated Pest
Management (IPM) program.
e)
Section 4 of this Bylaw shall not apply to grass and weeds (excluding
weeds classified as noxious or noxious prohibited) on public lands, or
on premises located in areas defined in the Land Use Bylaw as Large
Lot Rural Residential District (LLR), Rural Residential District (RR),
Urban Transition (UT) or Special Recreation District (SPR).
f)
The exception provided in Section 4(e) of this Bylaw shall not apply to
grass and weeds on premises located in areas defined in the Land
Use Bylaw as Large Lot Rural Residential District (LLR), Rural
Residential District (RR), Urban Transition (UT) or Special Recreation
District (SPR), where there is a structure on the property that has
landscaping incorporated into the development permit, and where the
structure is visible from a public roadway.
5.
CONSTRUCTION SITES
a)
An Owner of a Premises or property under construction, renovation or
demolition shall ensure that all building materials and waste building
materials on the premises are contained and secured in such a
manner that prevents such material from being blown off the structure
or scattered throughout or off the property.
b)
An Owner of a Premises or property under construction, renovation or
demolition shall ensure that waste building materials and other refuse
are removed from the property, or collected and securely contained in
covered waste bins or containers, that do not allow for the escape of
the contents.
c)
An Owner of a Premises or property under construction, renovation or
demolition shall ensure that waste building materials and other refuse
are removed from the property within 48 hours of when the container
or waste bin containing same becomes full and incapable of
reasonably containing any further material.
An Owner of a Premises or property under construction, renovation or
demolition shall ensure that the property, building materials and
equipment are kept in an orderly fashion, and that the property is kept
d)
7
free of excessive amounts of debris, refuse, garbage, scrap wood,
metal, foam, plastics or any other such materials associated with the
construction, renovation, or demolition.
The City may withhold municipal services to an Owner of a Premises
or property under construction, renovation or demolition, or to a
homebuilder, developer or other person or company undertaking such
activity in relation to the premises, until any condition of the Premises
that is in contravention of this Bylaw has been remedied.
e)
GENERAL PROPERTY AND BUILDING MAINTENANCE STANDARDS-
OWNERS' DUTIES
6.
An Owner of a Premises shall ensure that:
a)
i.
any Graffiti, or any other message deemed to be offensive by the
CAO or his/her designate, that has been placed on the exterior
surfaces of any structures, chattels, signs or other property located
on the Premises, is removed, painted over, or otherwise eliminated
from public view not later than 2 days after the Owner of the
Premises has been notified by an Enforcement Officer of the
presence of the subject Graffiti or offensive message and the
requirement under this Bylaw that it be removed; and
ii.
large accumulations of dead grass, brush or other vegetation is
removed from the Premises, or is otherwise controlled so as to
prevent the harboring and propagation of vermin and similar pests.
An Owner of a Premises, whether presently occupied or not, shall
ensure that:
b)
trees or other vegetation growing on the premises does not
interfere with or endanger the lines, poles, conduits, pipes, sewers,
or other public works of the City;
water from the premises is not re-directed or intentionally released
onto public roadways, pathways, or other City lands, without prior
permission first being obtained from the City;
n.
dense, dark, opaque, or ash-laden smoke, or dense dust is not
emitted from the Premises;
MI.
Garbage, litter, Building Material, yard material or any other
household material is not blown off of the Premises, or otherwise
scattered beyond the property boundaries of the premises; and
IV.
8
the drainage swale on their property is not partially or completely
blocked by the presence of any material or structure.
v.
Where branches, foliage, roots, or other parts of trees, shrubs or other
vegetation growing on a premises extend beyond the property lines of
the Premises, and are interfering with or obstructing any line, lighting,
roads, sewers or other public works of the City, an Enforcement Officer
may authorize, with or without Notice to the Owner of the subject
Premises, the immediate removal of any such interference or
obstruction.
c)
An Owner of a Premises shall ensure that the property, and the
buildings and other structures located thereon, are properly maintained
and visibily appear to be in good repair. This Includes, but is not limited
d)
to:
fences and their structural members;
foundations and foundation walls;
all exterior walls of a structure or dwelling;
roofs of all structures and dwellings;
protective or decorative finishes on a fence or structure; and
exterior stairs, landings, porches, balconies and decks.
ill.
IV.
v.
VI.
Where remedial measures are carried out pursuant to Section 6(c) of
this Bylaw, neither the City nor any employees or contractors thereof
may be held financially liable in any way in relation to any such
remedial actions taken.
e)
An Owner of a Premises, except for the immediate loading and
unloading, shall ensure that no vehicle or trailer is parked or stored on
any part of the property that exists between the street and the front of
the house, or the part of property that exists between the front sides of
house and the adjacent property line, except on a driveway or parking
pad that has been authorized pursuant to the Chestermere Land Use
Bylaw.
f)
7.
ILLEGAL DUMPING
No Person shall personally, nor by their employee, servant or agent,
discard, place, desposit or leave any Garbage, refuse, debris or any
other material upon any public property, in such a quantity that would
require the deployment of a City work crew and/or specialized
equipment to effect its removal, other than in officially designated
areas, within the City.
a)
9
No registered Owner of a Vehicle shall be permitted to use that Vehicle
to discard, place, desposit or leave any Garbage, refuse, debris or any
other material upon any public property, in such a quantity that would
require the deployment of a City work crew and/or specialized
equipment to effect its removal, other than in officially designated
areas, within the City.
b)
No Person shall personally, nor by their employee, servant or agent,
discard, place, desposit or leave any Garbage, refuse, debris or any
other material upon any private property, without the permission and
consent of the owner of such property.
c)
Any person who has contravened Section 7(a), Section 7(b) or Section
7(c) of this Bylaw shall, within 24 hours after being directed by an
Enforcement Officer, remove the subject garbage, refuse, debris or
other material from the property and place it in the nearest designated
area.
d)
Where Garbage, refuse, debris or any other material has been
discarded or left on private property without permission and consent,
the Owner of the private property is responsible for the removal of such
discarded material, and the Owner of the private property is
responsible for ensuring that the subject property is kept and
maintained in compliance with the provisions of this Bylaw.
e)
8.
EXEMPTIONS & EXCEPTIONS
The provisions of this Bylaw shall not be interpreted in a way that
prevents bona fide and lawfully permitted commercial, industrial,
agricultural, construction, demolition, renovation, landscaping, clean-
up, storage or other legally approved activities from being carried out
on, or in relation to a premises.
a)
An Owner of a Premises that legally carries on, or permits the carrying
on of any of the activities referred to in Section 8(a) of this Bylaw shall
ensure that all reasonable steps are taken to minimize the duration
and visual impact of any resulting untidiness or unsightly condition of
the Premises.
b)
When making the determination, as required by Section 8(b), as to
whether the Owner of a Premises has taken "all reasonable steps to
minimize the duration and visual impact" of the unsightly condition
resulting from the particular legally permitted activity, the Court's
considerations may include any admissible evidence as to any of the
factors contained in Section 3(e) of this Bylaw.
c)
9.
BYLAW COMPLIANCE NOTICES
10
Where an Owner of a Premises is found to be in non-compliance with
any provision of this Bylaw, an Enforcement Officer may issue and
serve upon the Owner of the Premises a Bylaw Compliance Notice
containing the following:
a)
i. the address and/or physical location where remedial action is
required;
ii. the condition or conditions that are not in compliance with this
Bylaw;
iii. the remedial action that is required; and
iv. the deadline for completion of the remedial action required. The
deadline for completion of the remedial action must not be less
than 14 days from the date of service of the Notice and must
not be greater than 30 days from the date of service of the
Notice.
An application for an extension of the deadline prescribed by a Bylaw
compliance Notice for the completion of the remedial action required
may be applied for in writing to the Enforcement Officer who issued the
said Notice within 7 days of an Owner's receipt of the Notice. The
extension application must include the reasons why the deadline
extension is required. Any such deadline extension allowed by the
Enforcement Officer may not extend more than 30 days past the
original prescribed deadline for completion, and any such extension is
issued at the sole discretion of the Enforcement Officer.
b)
Notwithstanding Section 9(a) and Section 9(b) of this Bylaw, where an
Owner of a Premises is issued a Notice in relation to non-compliance
with Section 4 of this Bylaw (Control/removal of weeds, grass, trees or
shrubs) or non-compliance with Section 6(a)(i) of this Bylaw (removal
of Graffiti), the deadline for completion of the remedial action may be
no less than 7 days and no more than 10 days from the date of service
of the Notice, and an application for a deadline extension pursuant to
Section 9(b) of this Bylaw is not permitted.
c)
Where the specified remedial action is not completed on or before the
deadline prescribed by a Bylaw compliance Notice issued in relation to
non-compliance with Section 4 of this Bylaw (Control/removal of
weeds, grass, trees or shrubs), the City may immediately take all
necessary and reasonable measures to remedy the subject non-
compliant conditions. All City expenses and costs incurred, including
an Administration Fee, associated with the subject remediation is a
debt owing to the City and will be subject to cost recovery proceedings.
d)
Any Notice issued pursuant to this Section will be deemed to have
been sufficiently served upon an Owner of the Premises:
e)
11
when served personally upon the Owner, or served
substitutionally upon any Person who is 18 years of age or older
who resides in the subject Premises, if the Premises is occupied
by the Owner;
when served personally upon an occupant of the Premises who
is 18 years of age or older, or upon an agent or employee of the
Owner, or upon a Person apparently in charge of the Premises,
if the Premises is not occupied by the Owner;
n.
three days after being posted at a conspicuous location on the
Premises; or
m.
when mailed by regular mail to an Owner of the Premises using
the address provided by the Owner and on record with the City
of Chestermere as the mailing address for the Owner of the
Premises.
IV.
Where a Bylaw Compliance Notice has been previously issued to an
Owner of a Premises pursuant to this Section in relation to non-
compliance with Section 4 of this Bylaw (Control/removal of weeds,
grass, trees or shrubs), and another similar non-compliant condition
occurs within a six-month period, the necessary and required remedial
action may be undertaken by the City without any further Notice being
issued to the Owner. All City expenses and costs incurred, including
an Appeal Fee, associated with the subject remediation is a debt owing
to the City and will be subject to cost recovery proceedings.
f)
Where remedial measures are carried out by the City pursuant to
Section 9(d) or Section 9(f) of this Bylaw, neither the City nor any
employees or contractors thereof may be held financially liable in any
way in relation to any such remedial actions taken.
9)
An Owner of a Premises who has been issued a Remedial Notice
pursuant to Section 9(a) of this Bylaw shall fully comply with the said
Notice on or before the initial or subsequently extended deadline for
compliance allowed for the subject remedial measures to be
completed.
h)
A Person shall not prevent or obstruct a Peace Officer from carrying
out any official duty authorized by the provisions of this Bylaw or by the
provisions of the Municipal Government Act.
i)
12
10.
APPEALS OF BYLAW COMPLIANCE NOTICES
A Bylaw Compliance Notice issued to an Owner of a Premises pursuant
to Section 9(a) of this Bylaw, excepting Notices issued in relation to non-
compliance with Section 4 of this Bylaw (Control/removal of weeds,
grass, trees or shrubs), may be appealed to the CAO or his/her
designate, by delivering a written appeal and a $150.00 Appeal Fee to
the City Office within 7 days of the Owner's receipt of the subject Notice.
The appeal must be in written form and provide all of the appellant's
contact information, and a detailed basis of the appeal. Any appeal must
be made by the Person to whom the subject Notice was directed, the
registered Owner of the subject Premises, or either of their authorized
designates. If the appeal is granted, the Appeal Fee shall be refunded.
a)
Upon receipt of a written appeal submitted pursuant to Section 10(a),
the CAO or his/her designate will review the subject remedial Notice, the
enforcement file, the Bylaw, the written appeal and any materials
provided therewith. The CAO or his/her designate may decide to
uphold, vary, or revoke the subject Bylaw compliance Notice, and will
communicate such decision to the appellant in writing within 10 days of
the receipt of the written appeal, including, where applicable, the date by
which the upheld or varied Bylaw compliance Notice must be complied
with.
b)
i. The CAO in making a decision regarding the appeal shall use
the criteria of whether in issuing the Remedial Notice, the Bylaw
was properly applied by the enforcing Officer.
Where remedial measures are undertaken by the City pursuant to
Section 9(d) or Section 9(f) of this Bylaw and cost recovery action is
commenced by the City, an appeal only as to the amount of the debt
owing to the City may be made to the CAO or his/her designate by
delivering a written appeal to the City Office within 7 days of the Owner
being notified of such cost recovery action.
c)
Upon receipt of a written appeal submitted pursuant to Section 10(c),
the CAO or his/her designate will review the subject Remedial Notice,
the enforcement file, the Bylaw, the costs of the remedial action taken
by the City, the written appeal, and any other circumstances that are
considered relevant to the subject appeal. The CAO or his/her
designate may decide to uphold, vary, or cancel the subject debt owing
to the City, and will communicate such decision to the appellant in
writing within 10 days of the receipt of the written appeal.
d)
Where a written appeal of a Bylaw compliance Notice is submitted in
accordance with the provisions of Section 10(a) of this Bylaw, the time
period remaining before the expiry of the deadline for compliance as
e)
13
prescribed by the subject Notice shall be suspended until the final
determination of the appeal has been provided to the appellant. At that
time, if the Notice is either upheld or varied, the revised deadline for
compliance shall be not less than the time period that remained before
the expiry of the original deadline for compliance on the date that the
appeal was submitted.
11.
ENFORCEMENT
Where an Enforcement Officer has reasonable grounds to believe that a
Person has contravened any provision of this Bylaw, the Enforcement
Officer may commence proceedings against such Person by:
a)
i.
issuing the Person a Violation Ticket pursuant to the provisions
of the Provincial Offences Procedure Act;
ii. swearing out an Information and Complaint against the Person;
or
iii. in lieu of prosecution, issuing the Person a Bylaw Violation Tag
in a form as approved by the CAO.
Where an Enforcement Officer issues a Person a Violation Ticket in
accordance with Section 11(a)(ii) of this Bylaw, the Officer may either:
b)
i. allow the Person the option of paying the specified penalty as
provided for in Appendix "A", which is hereunto attached and
forms part of this Bylaw, by indicating such specified penalty on
the Violation Ticket; or
ii. require
a
Court
appearance
of
the
Person
where
the
Enforcement Officer believes that such appearance is in the
public interest, pursuant to the provisions of the Provincial
Offences Procedure Act.
Where a Bylaw Violation Tag is issued to a Person and is not paid within
14 days of the date of issue, the Enforcement Officer may proceed by
way of prosecution in accordance with Sections 11(a)(i) or 11(a)(ii) of
this Bylaw.
c)
No provision of this Bylaw nor any action taken pursuant to any
provision of this Bylaw shall restrict, limit, prevent or preclude an
Enforcement Officer or the City from pursuing any other action or
remedy in relation to a Person, Premises, or nuisance as provided by
the provisions of the Municipal Government Act, any other law of the
Province of Alberta, or any other bylaw of the City.
d)
14
12.
GENERAL PENALTY PROVISION
Any Person that violates any provision of this Bylaw is guilty of an
offence and is liable upon conviction to a maximum fine of $10,000 or in
default of payment of the fine to imprisonment for a period not
exceeding one year, or to both fine and imprisonment in such amounts.
a)
13.
MINIMUM AND SPECIFIED PENALTIES
a)
The specified and minimum penalties, and penalties in lieu of
prosecution payable for a violation of any of the provisions of this Bylaw
are as set out in Schedule"A", which is hereunto attached to and forms
part of this Bylaw, and which may be amended from time to time by a
resolution of City Council.
14.
SEVERABILITY
a)
It is the intention of City Council 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, or otherwise of no force or effect, then
such section or provision shall be regarded as being severable from the
remainder of this Bylaw, and that the Bylaw remaining after such
severance shall remain of full force and effect.
15.
STRICT LIABILITY OFFENCE
a)
It is the intention of City Council that all offences created by this Bylaw
be interpreted to be strict liability offences.
16.
REPEAL OF PRIOR BYLAWS
a)
Bylaw No. #013-11, being the "Unsightly Property Bylaw" , is hereby
repealed on the date that this Bylaw comes into force and effect.
17.
EFFECTIVE DATE
This bylaw shall come into force and effect upon it receiving third reading by
Council.
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READ A FIRST TIME this 3rd day of December, 2019.
READ A SECOND TIME this 17th day of December, 2019.
READ A THIRD TIME this 17th day of December, 2019.
Resolution Numbers - 497-19 / 535-19 / 536-19
MAYOR
CAO
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Schedule "A"
*The Minimum Penalty for an offence is also the Penalty in Lieu of Prosecution for that
offence.
MINIMUM
PENALTY
SPECIFIED
PENALTY
OFFENCE
SECTION
$1000.00
$350.00
Allow property to become/continue to be unsightly
Allow property to become/continue to be a risk to
public safety
3(a)
$350.00
$1000.00
3(b)
$350.00
$1000.00
r
-
Allow excessive accumulation of
3(c)
Garbage/refuse/waste
Allow activity/conduct on property to
become/continue to be a nuisance or a risk to public
safety
3(d)
$1000.00
$500.00
$300.00
$150.00
Fail to control grass/weeds on property or
Boulevard/alley
4(a)
$300.00
$150.00
Allow grass/weeds on property to exceed 15cm in
length
Fail to remove foliage that encroaches on public
property and creates traffic/public safety hazard
Fail to remove foliage that becomes unsightly or
which creates risk of damage to public property
4(b)
4(c)(i)
$150.00
$300.00
4(c)(ii)
$150.00
$300.00
$2000.00
$5000.00
Fail to properly secure/contain materials on
construction site
5(a)
Fail to properly dispose of/contain waste
materials/refuse in appropriate waste bins/containers
on construction site
5(b)
$1000.00
$2000.00
Fail to remove full waste/refuse bins within 48hrs
from construction site
5(c)
$2000.00
$1000.00
$1000.00
$2000.00
Fail to maintain construction site in
5(d)
orderly/appropriate manner
$300.00
$500.00
Fail to remove Graffiti/offensive messages from
property
6(a)(i)
$300.00
$500.00
Fail to remove/control dead foliage to prevent pest
infestation
6(a)(ii)
$1000.00
$2000.00
Allow foliage of property to interfere with public
utilities
6(b)(i)
Allow water from property to be re-
directed/intentionally released onto public property
Allow dense smoke/dust/Ash to be emitted from
6(b)(ii)
$500.00
$300.00
$500.00
$300.00
6(b)(iii)
property
$300.00
$500.00
Fail to contain Garbage/refuse/other materials on
own property
6(b)(iv)
$300.00
$500.00
Fail to ensure drainage swale is free of
debris/material
6(b)(v)
$300.00
$500.00
Fail to maintain fencing on property
6(d)(i)
$300.00
$500.00
Fail to maintain structure foundation/foundation walls
6(d)(ii)
$500.00
$300.00
Fail to maintain exterior walls of structure/dwelling
6(d)(iii)
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6(d)(iv)
Fail to maintain roof of structure/dwelling
$300.00
$500.00
6(d)(v)
Fail to maintain protective/decorative finishes on
fence/structure
$300.00
$500.00
6(d)(vi)
Fail to maintain exterior
$300.00
$500.00
stairs/landings/deck/balconies
6(f)
Allow Vehicle/trailer to be parked on front lawn of
property
Improper disposal of waste/litter/debris on public
property
Registered owner of Vehicle involved in improper
disposal of waste/litter/debris on public property.
Improper disposal of waste/litter/debris on private
property
$200.00
$300.00
7(a)
$500.00
$2000.00
7(b)
$2500.00
$5000.00
7(c)
$500.00
$2000.00
7(d)
Owner of property fail to dispose of illegally dumped
waste/litter/debris, as directed
$300.00
$500.00
9(h)
Fail to comply with remedial Notice
(weeds/grass/trees/shrubs)
$500.00
$750.00
9(h)
Fail to comply with remedial Notice
$1000.00
$3000.00
9(0
Obstruct Peace Officer
$1000.00
$2500.00
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