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Village of Consort
Page 1
Nuisance Bylaw #A799
VILLAGE OF CONSORT
BYLAW A799
BEING A BYLAW OF THE VILLAGE OF CONSORT IN THE PROVINCE OF ALBERTA TO
REGULATE UNTIDY AND UNSIGHTLY PREMISES, PESTS AND NUISANCES.
WHEREAS, under the authority of the Municipal Government Act, RSA 2000, cM-26 and
amendments thereto, Council may establish Bylaw with respect to nuisances generally and
regulating untidy and unsightly private and public property;
AND WHEREAS the Council of the Village of Consort deems it expedient and in the public
interest to pass such a Bylaw;
NOW THEREFORE the Council of the Village of Consort in the Province of Alberta, duly
assembled, hereby enacts as follows:
1.
Short Title
a)
This Bylaw may be cited as the "Nuisance Bylaw".
2.
Definitions
a)
"Animal Material" means any animal excrement and includes all
material accumulated on a premises from pet pens or pet yards,
hunting excursions, veterinary clinics, animal hospitals, or kennels;
b)
"Authorized Person" means Bylaw Enforcement Officer or CAO;
c)
"Boulevard" means that portion of a street which lies between the
roadway and the front property line of the land abutting said street;
d)
"Building Material" means material or debris which may result from
the construction, renovation, or demolition of any building or other
structure and includes, but is not limited to, wood, gypsum board,
roofing, vinyl siding, metal, packaging material, containers of building
material, gravel, concrete, asphalt, and any earth, rocks or vegetation
displaced during construction, renovation or demolition or any building
or other structure;
e)
"Bylaw Enforcement Officer" means a Bylaw Enforcement Officer
appointed by Council and includes CAO, a member of the RCMP, and
when authorized a Community Peace Officer;
f)
"CAO" means the Chief Administrative Officer for the Village or
his/her designate, regardless of the specific title that may be conferred
on that Officer by Council from time to time;
g)
"Control" in reference to weeds means;
I.
Cut, mow or carry out measures designed to inhibit
propagation of the weed, or
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Nuisance Bylaw #A799
II.
Destroy the weed if so requested by an Authorized
Person or Weed Inspector
employed/authorized/contracted by the Village of
Consort; or
III.
Carry out other measures as prescribed by an
Authorized Person or Weed Inspector
employed/authorized/contracted by the Village of
Consort;
h)
"Council" means the duly elected council for the Village of Consort;
i)
"Derelict Vehicle" means any vehicle that has parts missing, appears
un-drivable, and not in a roadworthy condition;
j)
"Garbage" means any household or commercial rubbish including,
but not limited to, boxes, cartons, bottles, cans, containers,
packaging, wrapping material, waste paper, cardboard, food, and
discarded clothing, fabric or other household item;
k)
"Graffiti" means any words, figures, letters or drawings, scribbled,
scratched, painted, or sprayed upon any surface without the consent
of the owner of the building or premises on which such graffiti is
placed;
l)
"Municipal Government Act" means the Municipal government Act,
R.S.A. 2000, c.M-26, as amended or repealed and replaced from time
to time, and any regulations thereunder;
m)
"Nuisance" means any act or deed, or omission, or thing, which is, or
could reasonably be expected to be annoying, or troublesome, or
destructive, or harmful, or inconvenient, or injurious to another person
and/or his/her property, or anything troublesome or bothersome to
other people for which complaints are received;
n)
"Occupant" means any Person other than the Owner who is in
possession of the Property, including but not limited to, a licensee,
tenant or agent of the Owner;
o)
"Owner" means
i.
Any person registered as the Owner of the Property
under the Land Titles Act;
ii.
Any person who is recorded as the Owner on the
property on the assessment roll of the Village;
iii.
Any person who has become the beneficial Owner of the
property, including by entering into a Purchase and Sale
Agreement, whether they have purchased or otherwise
acquired directly from the Owner or from another
purchaser, and who has not yet become the registered
Owner thereof;
iv.
Any person holding himself out as the person exercising
the power or authority of ownership or, who for the time
being exercises the powers and authority of ownership
over the property; or
v.
Any person in control of property under construction;
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Nuisance Bylaw #A799
p)
"Person" means a corporation, partnership, individual, or owner and
the heirs, executors, administrators or other legal representative of an
individual;
q)
"Rubbish" means and includes any paper product, or fabric, or wood,
or plastic, or glass, or metal and/or any matter or substances of any
kind which has been discarded, or abandoned, or in any way disposed
of;
r)
"Property" means land, buildings, excavations, stockpiles, structures
and appurtenances, or any personal property located thereupon within
the Village;
s)
"Untidy" or "Unsightly Premises" means any property or part of it
that exhibits visual evidence of lack of general maintenance, clean-up
and upkeep, including the excessive accumulation on the premises, of;
I.
Garbage, animal or human excrement, sewage, the
whole or part of an animal carcass, dirt, soil, gravel,
rocks, petroleum products, hazardous materials,
disassembled equipment or machinery, broken
household chattels or goods;
II.
The whole or any part of any vehicle or vehicles which
are not registered with the Motor Vehicle Registry for
the current year and which are inoperative by reason of
disrepair, removed parts or missing equipment, or any
vehicles which are otherwise not in roadworthy condition
(one unregistered vehicle - not dismantled - is allowed
on a property but must be covered properly);
III.
Equipment, household appliances, power tools or
machinery which has been rendere3d inoperative by
reason of disassembly, age or mechanical condition;
IV.
Animal material, building material, garbage and yard
material as defined in this Bylaw, or
V.
Any other form of scrap, litter, trash, junk, or waste of
any kind;;
t)
"Village" means the Village of Consort;
u)
"Violation Tag" means a tag or similar document issued by the
Village pursuant to the Municipal Government Act.
v)
"Violation Ticket" means a ticket issued pursuant to Part 2 of the
Provincial Offences Procedure Act;
w)
"Weeds" means any plants designated as restricted, noxious or
nuisance weeds in accordance to the Weed Control Act, being a
Statute of the Province of Alberta;
x)
"Yard Material" means waste material of an organic nature formed
as a result of gardening, horticultural pursuits, or agricultural activities
and includes grass, tree and hedge cuttings, waste sod and
decomposing plants, leaves and weeds;
3.
REGULATIONS
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Nuisance Bylaw #A799
3.1
Every occupant or owner of any property within the Village of Consort
shall;
a. Not permit the land or premises of such property to be or
remain to be a nuisance, untidy or unsightly;
b. Not permit any building structure or erection of any kind
whatsoever (i.e. loose siding, loose shingles or unsightly
fences), or any excavation, depression, drain or ditch,
watercourse, pond, surface water or other matter or thing to
remain a nuisance and/or dangerous to the public ;
c. Prevent stagnant water from remaining on the premises so as
to avoid it becoming a potential breeding place for mosquitoes
or other pests;
d. Cut or mow grass on such property before said grass reaches
such a height as to be unsightly, having regard to the height of
the grass on adjacent or surrounding property.
3.2
Every occupant or owner shall be required to cut the grass and/or
weeds on any boulevard which abuts flanks or adjoins the property
occupied by the owner or occupant. This includes lanes or alleys at the
rear of the premises or property.
3.3
All occupants shall be required to control dandelions and noxious
weeds, and to cut grass on property they own or occupy.
3.4
All occupants shall prune, remove or otherwise maintain trees and
shrubs that interfere with or endanger public property or works of the
municipality.
3.5
No person shall permit the accumulation of dirt, stones, old
implements, automobiles, scrap iron or any rubbish so as to cause an
unsightly condition, hazard or nuisance.
3.6
No person shall permit the proliferation of, or harbor, any insect,
animal, or other pest that is likely to spread disease, be destructive or
dangerous, or otherwise become a nuisance.
3.7
Lawn clippings or any yard waste shall not be piled or deposited loose
in alley, boulevards or any other public lands.
3.8
All occupants shall remove dirt, debris or any other materials which
may cause an obstruction or risk personal injury from sidewalks
abutting their property.
3.9
All outdoor salvage yards, auto wreckers or other business which by
their nature appear to be untidy, shall be obscured by approved
screening from the surrounding property.
3.10
No Person shall post or exhibit, or cause, permit or allow to be posted
or exhibited on a highway or public place, any placard, any playbill,
poster, printed or other notice, sign writing or picture, without the
prior written permission of the CAO.
3.11
The Authorized Person is hereby authorized to remove and destroy any
such placard, playbill, poster, printed or other notice, sign, writing or
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Nuisance Bylaw #A799
picture erected or maintained without the permission required by
section 3.10 of this bylaw.
4.
CONSTRUCTION SITES
4.1
Contractors and Developers shall at all building construction sites have
and use an adequate container designed to contain all construction
debris and rubbish.
4.2
Upon such container being filled it must be completely secured is such
a manner so that no portion of the load can escape, blow, drop, or
spill, or fall onto a highway or land adjacent thereto. It must then be
transported away to an appropriate location designated for the
disposal of such materials.
5.
EXEMPTIONS & EXCEPTIONS
5.1
The provisions of this Bylaw shall not be interpreted to prevent bona
fide and permitted commercial, industrial, agricultural, construction,
demolition, renovation, landscaping, clean-up, storage or other related
activities from being carried out on, or in relation to premises.
5.2
The owner of a premises that carries on or permits the carrying on of
any activities referred to in section 5.1 of this Bylaw shall ensure that
all reasonable steps are taken to minimize the duration and visual
impact of any resulting untidiness or unsightliness if the premises.
5.3
Whether or not an owner has taken "all reasonable steps" to minimize
the duration and visual impact of any resulting untidiness or
unsightliness of a premises, as referred to in section 5.2 of the Bylaw,
is a question of fact to be determined by the Court hearing a
prosecution pursuant to the provisions of this Bylaw.
6.
BYLAW COMPIANCE NOTICES
6.1
Where an owner or occupant of a premise is found by an Authorized
Person to be in non-compliance with any provision of the Bylaw, the
owner of the premises may be issued a Notice containing the following
provisions:
a) The address and/or legal description of the property where
remedial action is required;
b) The condition or conditions that are not in compliance with
this Bylaw;
c) The remedial action that is required to being the property
into compliance;
d) The deadline for completion of the remedial action required.
The deadline for completion of the remedial action must not
be less than 7 days after the date of service of the Notice
and must not be greater than 30 days after the date of
service of the Notice.
6.2
An application for an extension of the deadline for the completion of
the remedial action required and provided for in a Notice may be
applied for in writing to the Authorized Person not later than 7 days
after the service of the Notice. The application must include the
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Nuisance Bylaw #A799
reasons why the deadline extension is required, and the anticipated
date for completion of the required remedial action. Any such deadline
extension applied for may be allowed or refused at the sole discretion
of the Authorized Person, and the extension shall not exceed 60 days
after the deadline provided in the Notice.
6.3
Any Notice issued pursuant to section 6.1 of the Bylaw will be deemed
to have been sufficiently served upon the owner of the premises when
the Notice is:
a) Served personally upon the owner or occupant, or
served upon any person who is 18 years of age or older
who resided in the subject premises;
b) Served personally upon the property manager or person
apparently in charge of the premises, if the premises is
not occupied or managed by the owner;
c) Posted in a conspicuous location(s) near the main entry
to the premises; or
d) ]mailed by regular mail to the owner of the premises
using the address provi8ded by the owner and/or on
record within the Village of Consort as the mailing
address for the owner of the premise.
6.4
The owner or occupant of a premise who has been served with a
Notice issued pursuant to this section shall fully comply with the Notice
within the time allowed for compliance.
6.5
Should any owner, occupant, agent or lessee fail, neglect, or refuse to
comply with the direction of the notice, the Authorized Person may
cause the work to be performed to remedy the condition, and charge
the costs of such work to the owner of the property.
7.
ENFORCEMENT
7.1
Where an Authorized Person has reasonable grounds to believe that a
person has contravened any provision of this Bylaw, the Authorized
Person may commence proceedings against such person by:
a) Issuing the person a Violation Ticket pursuant to the
provisions of Part 2 of the Provincial Offences Procedure
Act; or
b) Issuing the person a Municipal Violation Tag pursuant to
the provisions of the Village of Consort bylaws; or
c) Swearing out an information and complaint against the
person.
7.2
Where an Authorized Person issues a person a Violation Ticket in
accordance with section 7.1 of this Bylaw, the officer may either;
a) Allow the person to pay the specified penalty as
provided for in Schedule "A" of this Bylaw by indicating
such specified penalty on the Violation Ticket; or
b) Require a Court appearance of the person where the
Authorized Person reasonably believes that such
appearance is in the public interest, pursuant to the
provisions of Part 2 of the Provincial Offences Procedure
Act.
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Nuisance Bylaw #A799
7.3
Notwithstanding any other provisions of the Bylaw, an Authorized
Person, upon receiving and reviewing a nuisance or unsightly premise
complaint, shall assess the condition of the premise that is the subject
of the complaint. The investigating officer shall then recommend or
take whatever actions are considered appropriate to address the
complaint, in all of the circumstances.
7.4
No provision of this Bylaw nor any action taken pursuant to any
provision of this Bylaw shall restrict, limit, prevent or preclude the
Village from pursuing any other remedy in relation to a premise or
nuisance as provided by the Municipal Government Act, or any other
aw of the Province of Alberta.
8.
OFFENCES
8.1
Any person who contravenes any provision of this Bylaw is guilty of an
offence and is liable, upon summary conviction, to a penalty as set out
in Schedule "A" herein.
8.2
Notwithstanding section 8.1 of this Bylaw, any person who commits a
second or subsequent offence under this Bylaw within one (1) year of
committing the first offence is liable to the increased penalty as set out
on Schedule "A" herein.
8.3
Any person who contravenes any provisions of this Bylaw is guilty of
an offence. The charges and costs to the Village for rectifying the
damages caused by the person who has contravened any provision of
this Bylaw shall be borne by the person in contravention and if these
charges and costs are not paid within sixty days (60) of an invoice
being mailed the charges and costs shall be added to the tax roll and
shall be collected in any of the ways provided for the collection of
taxes according to the Municipal Government Act R.S.A. 2000, Chapter
M-26 or as amended.
8.4
Under no circumstances shall any person contravening any provisions
of this Bylaw be subject to a penalty of imprisonment.
9.
VIOLATION TAGS
9.1
A Bylaw Enforcement Officer is hereby authorized and empowered to
issue a Violation Tag to any person, whom the Bylaw enforcement
Officer has reasonable grounds to believe has contravened any
provisions of this Bylaw.
9.2
A Violation Tag shall be served:
i.
Upon the person personally, or by leaving it with the person
on the property who has the appearance of being at least
eighteen (18) years of age; or
ii.
In the case of a corporation or partnership, by serving the
Violation Tag personally upon the Corporate Secretary or
other Officer or person apparently in charge of a branch
office by mailing a copy to such person by registered mail.
9.3
A Violation Tag shall be in a form approved by the CAO, and shall
state:
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Nuisance Bylaw #A799
i.
The name of the person to whom, the Violation Tag is
issued;
ii.
A description of the property upon which the offence has
been committed, if applicable;
iii.
A description of the offence and the applicable Bylaw
section;
iv.
The appropriate penalty for the offence as specified in
Schedule "A" of this Bylaw;
v.
That the penalty shall be paid within thirty (30) days of
the issuance of the Violation Tag in order to avoid
prosecution; and
vi.
Any other information as may be required by the CAO.
9.4
Where a Violation Tag has been issued pursuant to section 21a), the
person to whom the Violation Tag has been issued may, in lieu of
being prosecuted for the offence, pay to the Village Office, the penalty
specified on the Violation Tag.
9.5
In the event that a Violation Tag has been issued and the penalty
specified on the Violation Tag has not been paid within the prescribed
time, A Bylaw Enforcement Officer is hereby authorized and
empowered to issue a Violation Ticket pursuant to Part 2 of the
Provincial Offences Procedures Act to the person to whom the Violation
Ticket was issued.
10.
VIOLATION TICKET
10.1
Notwithstanding section 9.5, a Bylaw Enforcement Officer is hereby
authorized and empowered to immediately issue a Violation Ticket to
any person to whom the Bylaw Enforcement Officer has reasonable
grounds to believe has contravened any provision of this Bylaw.
10.2
A Violation ticket issued with respect to a violation of this Bylaw may
be served upon the person responsible for the contravention in
accordance with the Provincial Offences Procedures Act.
10.3
The person to whom the Violation Ticket has been issued may plead
guilty by making voluntary payment in respect of the summons be
delivering to the Provincial Court, on or before the initial appearance
date, the Violation Ticket together with any amount equal to the
specified penalty for the offence as provided by this Bylaw.
10.4
Where a Clerk of the Court records in the court records the receipt of a
voluntary payment pursuant to this Bylaw and the Provincial Offences
Procedure Act, the act of recording constitutes acceptance of the guilty
plea and also constitutes a conviction and imposition of a fine in the
amount of the specified penalty.
11.
APPEAL PROVISIONS
11.1
A person who considers him/herself aggrieved by a direction given
pursuant to this Bylaw may appeal the direction to the Council.
11.2
An appeal under this section shall be delivered in person or sent by
certified mail to the CAO within ten (10) days of the date on which the
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Nuisance Bylaw #A799
direction was served on the owner, lessee, occupant or agent and shall
deposit a fee of $25.00 along with the appeal notice.
11.3
After considering the appeal, Council may confirm the direction or if it
is satisfied that the direction is unreasonable, unjust or in any manner
contrary to the intent and meaning of this Bylaw, set aside, vary or
modify the direction.
11.4
If a person considers himself aggrieved by a decision under section
11.3, he/she may appeal the decision by originating notice to the
Court of Queen's Bench within ten (10) days of the date which the
decision is served on him.
11.5
The Court may confirm the decision of the Council or may set aside,
vary or modify the direction.
12.
SEVERABILITY
12.1
Should any provision of this Bylaw be invalid, then the invalid provision
shall be severe4d and the remainder of the Bylaw shall be maintained.
13.
COMING INTO FORCE
13.1
Bylaw No. A668 is hereby repealed.
13.2
This Bylaw shall come into force and effect on the date of its third
reading and final passing.
Read a first time this ______ day of ________, 20__.
Read a second time this ______ day of __________, 20___.
Read a third time and finally passed this _____ day of _________, 20___.
____________________________________
_________________________________
Mayor
Chief Administrative Officer
Village of Consort
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Nuisance Bylaw #A799
SCHEDULE 'A'
FEES AND PENALTIES
Offence
Section
Penalty
Cost of Issuance of Notice
6.1
$200.00
Cost of Remediation if performed by Village Staff
6.5
$50.00 per
hour
Cost of Remediation if performed by contractor
6.5
Actual cost
of invoice
First Offence
8.1
$250.00
Second Offence
8.2
$500.00
Third Offence
8.2
$1,000.00
Any other subsequent Offences in any one year
8.2
$1,000.00
Appeal Fee
11.2
$25.00