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COUNTY OF TWO HILLS NO. 21
IN THE PROVINCE OF ALBERTA
BYLAW NO. 05-2024
A BYLAW OF THE COUNTY OF TWO HILLS NO. 21 FOR
PREVENTING AND COMPELLING THE ABATEMENT OF NUISANCES
GENERALLY, AND TO REGULATE UNTIDY AND UNSIGHTLY
PREMISES.
WHEREAS, by virtue of the power conferred upon it by the Municipal
Government Act, the Council of the County of Two Hills No. 21, duly assembled,
enacts as follows:
1.0
SHORT TITLE
1.1
This Bylaw shall be known and may be cited as the "Nuisance Bylaw."
2.0
DEFINITIONS
2.1
The following terms shall have the following meanings:
(a) "Act" means the Municipal Government Act, being Chapter M-26 of
the Revised Statutes of Alberta 2000, and amendments thereto.
(b) "Administrator" means the Chief Administrative Officer of the County
duly appointed by Council;
(c) "Agent" means any person who represents or is employed by an
Owner;
(d) "Boulevards" means those areas of land that are designated as public or
private walkways, pedestrian paths, or pedestrian zones, whether paved
or unpaved, that are located between or adjacent to properties, and are
intended for use by the public or property owners.
(e) "Bylaw Enforcement Officer" means:
i. Any member of the Royal Canadian Mounted Police;
ii. Any Community Peace Officer; and
iii. The Administrator of the County or any person designated by the
Chief Administrative Officer to enter and inspect Property in
accordance with the provisions of this bylaw;
(f) "Council" means the Council of the County;
(g) "County" means the County of Two Hills No. 21;
(h) "Detrimental to the Surrounding Area" includes the causing the decline
of market value to the surrounding area;
(i) "Dismantled Vehicle" means a motor vehicle or trailer that has become
dilapidated or disassembled which may include but is not limited to flat
tires, missing tires and rims, fenders, doors, windows, hoods, trunks,
and boxes;
(j) "Emergency" means any situation in which there is imminent danger to
the general public or potential danger to the Property or surrounding
properties;
(k) "Garbage" means any rubbish, refuse, papers, packages, containers,
bottles, cans, manure, animal or human excrement or sewage or the
whole or part of an animal carcass; dirt, soil, gravel, rocks, sod,
petroleum products, hazardous materials, disassembled equipment or
machinery, broken household furnishings or appliances, boxes cartons,
discarded fabrics, any material composed of organic matter which is or
may become decomposed, including the by-products from the
preparation, consumption or storage of food;
(l) "Noxious Weeds" means Noxious Weeds as defined in the Weed
Control Act;
(m) "Nuisance" means any condition which does or is likely to annoy,
disturb, injure, or endanger the comfort, repose, health, peace or safety
of other persons within the limits of the County and includes the
presence of Noxious Weeds;
(n) "Property" means any land, building or premises within the municipal
boundaries of the County;
(o) "Occupant" means any person other than the Owner who has a legal or
equitable interest in land or other Property, including, but not restricted
to a lessee, Occupant or Agent of the Owner;
(p) "Order" means a written notice or direction issued by the Bylaw
Enforcement Officer, as authorized by this Bylaw, requiring a Property
Owner to take specific action to correct an unsightly condition or to
comply with a provision of this Bylaw
(q) "Owner" means:
i. In respect of unpatented land, the Crown;
ii. In respect of other land, the person who is registered under the Land
Titles Act as the Owner of the fee simple estate in the land; and,
iii. In respect of any Property other than and, the person in lawful
possession of it;
(r) "Parcel of Land" means:
i. Where there has been a subdivision, any lot or block shown on a
plan of subdivision that has been registered in a land titles office;
ii. Where a building affixed to the land that would without special
mention be transferred by a transfer of land that has been erected on
two or more lots or blocks shown on a plan of subdivision that has
been registered in a land titles officer, all those lots or blocks;
iii. A quarter section of land according to the system of surveys under
the Surveys Act or any other area of land described on certificate of
title;
(s) "Property" means any parcel of land owned or occupied by an
individual, corporation, partnership, or other entity, including but not
limited to:
i. Residential lots;
ii. Commercial buildings;
iii. Industrial sites;
iv. Recreational areas;
v. Public parks and open spaces.
vi. Parcels of Land;
(t) "Sidewalks" means those paved or unpaved areas designed for
pedestrian use, including but not limited to:
i. Paved walkways;
ii. Concrete paths;
iii. Brick pavers;
iv. Gravel or stone paths;
v. Other similar surfaces.
(u) "Unsightly" means any Property which in the opinion of the Bylaw
Enforcement Officer is untidy, offensive, dangerous to health and
safety of any person, or has or may have a detrimental effect upon any
person or other surrounding lands, the neighbourhood or which
interferes with the use and enjoyment of other adjacent Property;
(v) "State of Disrepair" means:
i. The
significant
deterioration
of
buildings,
structures,
or
improvements, or portions of buildings, structures or improvements;
ii. Broken or missing windows, siding, shingles, shutters, eaves, or
other building material; or
iii. Significant fading chipping, or peeling of painted areas of buildings,
structures or improvements on Property.
3.0
APPLICATION OF THE BYLAW
3.1
Every Owner and Occupant of Property in the County of Two Hills,
specifically within areas classified as Urban General, every Owner and
Occupant of Property shall ensure that their Property complies with this
Bylaw.
3.2
If there is more than one Owner or Occupant of Property, all Owners and
Occupants of that Property are jointly and severally responsible to ensure
that the Property complies with this Bylaw.
4.0
UNSIGHLTY CONDITIONS
4.1
Unsightly Conditions, for the purpose of this Bylaw, is any condition on or
around a property which in the opinion of the Bylaw Enforcement Officer
is Unsightly;
A Property Owner shall keep grass, weeds, snow and debris in accordance
with the following standards:
a) Uncut grass or weeds on any Property, and upon any boulevard
adjacent to the front, rear or side of the Property shall be maintained at
a height not to exceed fifteen centimeters (six inches) in length;
b) Remove snow from their property, including sidewalks and boulevards,
within a reasonable time period after of forty-eight hours the snowfall
has ceased.
4.2
No Property Owner shall cause or allow any Property to be in an unsightly
condition or in a condition where it's appearance and/or condition is a
Nuisance, safety hazard or is detrimental to the surrounding area;
4.3
No Property Owner shall allow the growth of trees or shrubs to interfere or
endanger visibility to street signage, sidewalks, or roadway clearances,
lines, poles, conduits, pipes, sewers or other works or a municipal or public
utility;
4.4
No Property Owner shall permit the accumulation in piles or otherwise of
dirt, stone, garden waste, old implements, disassembled or broken vehicles,
scrap iron, lumber, glass, furniture, appliances, food containers, waste
paper or cardboard on their Property;
4.5
No Property Owner shall dump or cause to be dumped any Garbage, waste,
fecal matter, petroleum products (either liquid or solid), or dispose of any
material in an area within the County except at locations specifically
designated by the Administrator;
4.6
No Property Owner shall post or allow to be posted or exhibit on the
Property unauthorized signs, posters, billboards, graffiti, obscene or
offensive symbols, words, pictures or art;
4.7
Property Owners shall maintain all fixtures, improvements, renovations, or
additions to any building, structure or improvement to a Property including
exterior stairs, porches, decks, landings, balconies, and other similar
structures.
4.8
Property Owners shall ensure that all foundations, exterior walls, roofs,
windows, stairs, fences, and other similar structures are maintained in a
reasonable state of repair;
4.9
Property Owners shall prevent the occurrence of, or promptly remedy, any
Unsightly Conditions.
5.0
DANGEROUS BUILDINGS AND STRUCTURES
5.1
The Property Owner(s) of properties in the County shall ensure that any
building(s) or attached feature(s) in a state of disrepair shall be restored or
be demolished and removed from the Property;
5.2
If any building(s) in a state of repair is to be restored, it shall be restored to
a useable and safe condition in accordance with the Safety Codes Act and
with the required demolition or building permits;
5.3
No Property Owner shall cause or allow their Property to be a danger to
public safety through the presence of excavations, structures, materials or
any other hazard or condition posing a risk to public safety.
6.0
INSPECTION
6.1
The Administrator, or any Bylaw Enforcement Officer may inspect
Property to determine whether the Property complies with this Bylaw. The
inspection shall be carried out pursuant to the authority in the Municipal
Government Act.
7.0
ENFORCEMENT
7.1
Where Property does not comply with this Bylaw, the Municipality may
pursue its enforcement alternatives in accordance with any Act, or common
law right, including issuance of an order to remedy contraventions
remedying contraventions by the Municipality, adding amounts to the tax
roll, and pursuing injunctions pursuant to the Municipal Government Act.
8.0
ORDER
8.1
Any order provided for in this Bylaw shall be in writing.
8.2
Service of order provided for in this Bylaw may be made as follows:
a) Personally, upon the person to be served; or
b) By mailing the copy to be served by double registered mail or certified
mail to the last known post office address of the person to be served,
and service shall be deemed to be effected at the time the copy is
delivered by an official of the post office to the person to be served or
to any person receiving it on their behalf;
c) Where Property is not occupied, by mailing the order by double
registered mail or certified mail to the mailing address noted on the
County's tax roll for that Property, and service shall be deemed to be
effected at the time the copy is delivered by an official of the post
office to the person to be served or to any person receiving it on their
behalf; or,
d) As directed by the Court.
9.0
APPEAL
9.1
A person who receives a Direction or an Order may request the Council to
review the Direction or Order by completing the Appeal Notice, and
delivering it to the following address:
County of Two Hills
Box 490 | 4818-50 Ave,
Two Hills, AB, T0B 4K0
within 30 days of the date the Direction or Order is received.
9.2
A decision by Council shall be considered final, subject to the right of
appeal to the Court of Kings's Bench provided by the Municipal
Government Act.
10.0
REMEDYING THE UNSIGHTLY CONDITION OF PROPERTY
10.1
If an Order has been issued, the County may take whatever actions or
measures necessary to deal with the unsightly condition of property and
collect any unpaid costs or expenses incurred by the County in accordance
with the Act.
10.2
The costs and expenses of the actions or measures including legal costs,
will be charged in addition to any penalty imposed under this Bylaw.
10.0
INTERFERENCE WITH DUTIES
10.1
No Person shall obstruct the Administrator or a person authorized to
inspect Property or to preform any work necessary to remedy a condition,
from preforming their duties under this Bylaw.
11.0
PENALTIES
11.1
Any person who contravenes or fails to comply with the provisions of this
Bylaw is guilty of an offence and shall be liable on conviction to a fine of
not less than one-hundred dollars ($100.00) and not exceeding five-hundred
dollars ($500.00).
11.2
An Officer is hereby authorized and empowered to issue:
A Violation Ticket pursuant to Part II of the Provincial Offences
Procedures Act, RSA 2000, c.P-34, as amended, to any person who the
Enforcement Officer has reasonable grounds to believe has contravened any
provision of this Bylaw.
11.3
Where there is a specified penalty listed for an offence in Section 11.1 of
this Bylaw, an Enforcement Officer may issue a violation ticket allowing
for a voluntary payment of the specified penalty to be made pursuant to the
Provincial Offences Procedures Act, RSA 2000 c.P-34, as amended, and
such voluntary payment shall be accepted by the Municipal District in lieu
of prosecution for the offence.
11.4
If the person upon whom a violation ticket is served fails to pay the
required sum within the time specified in the violation ticket, the provisions
of this section regarding acceptance of payment in lieu of prosecution do
not apply.
11.5
This section shall not prevent any Officer from issuing a
violation ticket requiring a court appearance of the defendant, pursuant
of the provision of the Provincial Offences Procedures Act, RSA 2000 c.P-
34, as amended.
11.2 No person found guilty of an offence pursuant to this Bylaw shall be liable
to imprisonment.
12.0
EMERGENCIES
12.1
In accordance to the Municipal Government Act, and not withstanding any
provisions of this Bylaw, in an Emergency the County may take whatever
actions or measures are deemed necessary to eliminate the Emergency.
13.0
EXEMPTIONS AND EXCEPTIONS
13.1 The provisions in this Bylaw shall not be interpreted to prevent legitimate
work diligently carried out in accordance with a development permit issued
by the Development Authority such as: commercial, industrial,
construction, demolition, renovation, landscaping, clean-up, storage or
other related activities from being carried out on, or in relation to a
Property;
13.2 The County values and recognizes the contribution of the agricultural sector
to regional growth and vitality. Thus, the County wishes to proceed
working cooperatively with agriculturists to limit regulation whenever
possible. Nothing in Sections 4 or 5 shall apply to or prevent legitimate
agricultural practices from taking place;
13.3 The Owner of a Property that carries on or permits the carrying on of any
activities referred to in Sections 4 and 5 of this Bylaw shall ensure that all
reasonable steps are taken to minimize the duration and visual impact
resulting in untidiness or unsightly conditions of a Property.
14 SEVERABILITY
14.1 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.
15 EFFECTIVE DATE
15.1 This Bylaw shall come into force and take effect upon the third and final
reading.
15.2 Bylaw No. 05-2022 of the County of Two Hills No. 21 is hereby repealed.
MOVED BY COUNCIL - That Bylaw No. 05-2024 be given first reading this
16th day of July, 2024.
MOVED BY COUNCIL - That Bylaw No. 05-2024 be given first reading this
16th day of July, 2024.
MOVED BY COUNCIL - That Bylaw No. 05-2024 be given third and final
reading and finally passed this 16th day of July,
2024.
______________________________________
REEVE
______________________________________
CAO