Untidy or Unsightly Premises Bylaw No. 331 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 5d7ef8f04c11 · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

AUTHORITY ## Whereas Sections 110,112,160 and 161 and 162 of the Municipal Government Act, R.S.A. 1980, provides that the Council of the Village of Cowley may pass bylaws regulating matters of peace, order and good government, the promoting of health, safety, morality and good welfare for its residents; And whereas pursuant to the above sections of the Municipal Government Act R.S.A. 1980, Council may pass bylaws regulating the following matters; a) Untidy or Unsightly Premises b) The Control of Nuisances Generally, NOW THEREFORE, THE COUNCIL OF THE VILLAGE OF COWLEY, ASSEMBLED, HEREBY ENACTS AS FOLLOWS: DULY TITLE - 1) This bylaw may be cited as "The Control of Unsightly Premises and Nuisances Bylaw" DEFINITION 2) - "Officer" means Bylaw Officer of the Village of Cowley or his authorized assistants In this Bylaw, unless the context otherwise requires: (2) (3). "Administrator" ## Cowley - "Owner" includes agent, lessee or occupier of any land or - premises. - (4) "Village" means the Village of Cowley (5) "Untidy and unsightly premises" means - a)a premise properties within a similar Land Use District under the Land Use Bylaw # 317 of the Village of Cowley - b)the condition of permitting a motor vehicle used for - stock car races, a motor vehicle which has all or part of its superstructure removed, or a motor vehicle of the parts thereof which is in a dilapidated or unsightly condition to remain outside a building or an approved fenced area. means the Administrator of the Village of BYLAW # 3.3/ OF THE VILLAGE OF COWLEY IN THE PROVINCE OF ALBERTA (k.1) The presence of, or encroaching of, trees, shrubs, weeds or other vegetation which as a result of its location on the Property has caused, or is potentially dangerous to adjacent property, including Municipal or Public Lands; c)the external storage of more than one motor vehicle, within the Village, not bearing a valid Alberta licence plate. external storage of electrical appliances and including, but not limited to, - stoves, fireplaces, heaters, deep freezes, washers and dryers not in operable condition. - e) the unscreened accumulation of metal, concrete, garbage or construction materials, scrap metal, industrial or structural steel materials, unless approved for storage under the Land Use Bylaw # 317, for more than 30 days upon any land or property - I) the discarding of any carcass in an unapproved manner. g) the uncontrolled growth of grass on any boulevard which abuts or flanks a property occupied by him. h)the growth of dandelions and noxious weeds - ilthe uncontrolled growth of grass on lawns - ¡ the accumulation of any debris or materials which may as a breeding ground for mosquitos or pests, - k)the uncontrolled growth of any trees or shrubs that in - any way interferes with or endangers the lines, poles, pipes, sewers or other works of the Village or - storage, or keeping of household - garbage or refuse without proper receptacles the definitions of "untidy and unsightly premise" contained in 5 (a) to (l) in this Bylaw, any other untidy or unsightly premise that in the ## heating appliances refrigerators, furnaces, serve other public utilities. 1) the discarding, m) notwithstanding - opinion of Council is not consistent with the acceptable standards of the Municipality. - SECTION A UNTIDY OR UNSIGHTLY PREMISES UNTIDY OR UNSIGHTLY LAND OR PREMISES 3) No person being the owner of any land or premise within the Village of Cowley shall permit the land or premises to be or remain in an untidy or unsightly condition - - NOTICE BY OFFICE 4) to be in an untidy or unsightly condition, the Officer or Where any lands or premises in the Village of Cowley are found Administrator may give notice in writing to a person who is under a duty imposed by this Bylaw to prevent such a condition ## to remedy the direct this to be done in such a manner as he deems advisable INSPECTIONS 5) - on or before a day to be named in the notice. The Officer or Administrator is hereby authorized to enter, at any reasonable hour, on any lands to inspect for conditions that may contravene provisions of this Bylaw. DATE OF DELIVERY OF NOTICE - 6) The Office or Administrator shall not give less than seven (7) days from the date delivery of the notice for its compliance. ## FORM AND SERVICING OF NOTICE - 1)A notice to owner given by the Officer or Administrator under the provisions of this Bylaw shall by in writing and in quadruplicate in Form "A" set out as a Schedule to this Bylaw.  ## 2)One of the notices shall be served on the person to whom it is addressed, one on the assessed owner, one shall be kept by - the Administrator and the fourth shall be retained by the Officer (when applicable). 3)A notice given by the Officer or Administrator pursuant to any of the provisions of this bylaw shall be deemed to have been duly given and served on the person to whom it is addressed: a) on the notice being personally delivered to the person to whom it is addressed; › on leaving it with a person apparently over the age o ixteen (16) years at the place of abode of the person t whom the notice is addressed; c) on sending it by single registered mail in a prepaid cover addressed to the last known postal address of the person to whom the notice is addressed, or as shown in assessment roll, as the case may be. OWNER FAILURE TO REMEDY CONDITION 7) 1)If, after the day designated for the compliance in any the condition stated in the notice, the Officer may report the notice given pursuant to this Bylaw the owner fails to remedy same to Council. NOTICE BY COUNCIL - 2) Upon consideration of the report, Council may direct that notice in writing be served upon the Owner involved in the infraction. 3) The notice shall be in Form "B" set out as a Schedule to this bylaw, with: - a) a description of the land on which the infraction reported of is located; - b) a description of the infraction reported; C) the date, time and place at which Council may consider the matter; - d) that Council may make an Order declaring an infraction 2. and ordering the remedy of the condition or the removal of the contravention; - e) that the owner shall be entitled, before enactment of the Order, to make representation to the Council and set 4. forth his reasons why an Order should not be made. SERVING OF NOTICE 8) - The notice shall be served upon the owner in the same manner as set out in Section 6 Subsection (3), not less than ten (10) of the order being considered by OWNER APPEARING BEFORE COUNCIL - owner representative. appear before Council in person or by a ORDER IF INFRACTION 10) ## l)If, following the hearing, Council is of the opinion - that there is an infraction, it may declare it to be so and order that the condition be remedied, said Order to be in Form "C" set out as a Schedule to this Bylaw.  TIME TO REMEDY SITUATION 2) Any such Order may require the owner, within a period from the of time which shall not be less than fifteen (15) days date of making untidy, or unsightly condition of the premises in the of the Order, ## set forth in the Order. COSTS OF REMEDYING CONDITIONS 3)If the owner does. not remedy the condition, and the in remedying the condition, such costs are chargeable to the owner, and recoverable as a debt due to the Village. CHARGE AGAINST LAND 4) Where the owner neglects or refuses to pay the Village of Cowley costs in obtaining compliance with the Order, the Village may cause these costs to be added to the tax roll as a charge against the lands of the owner in the ## same manner as taxes and with the same priority as to municipal taxes. lien and to payment thereof as is in the case of ordinary MEANS OF APPEAL 11) ## himself aggrieved, any owner, agent, lessee or occupier who receives a notice, order or direction requiring him to remedy any condition that constitutes untidy that contravenes or fails to comply with this Bylaw and who thinks appeal within ten (10) days to the Alberta court of Queen's Bench. - 12) Every person who fails to comply with the provisions of any given under Bylaw guilty punishable on sumnary conviction and liable to a fine of not more that $500.00 exclusive of costs and in case of nonpayment of the fine and costs, to be imprisoned in the nearest common gaol for a period not exceeding thirty (30) days. 2. SECTION B - THE CONTROL OF NUISANCES GENERALLY Council may direct the Officer or Administrator to carry out any act or activity which is permitted by any section of the Municipal Government Act R.S. A. 1980 in order to maintain peace, order and good government and to protect ## the right and property of the municipality and to promote and the standards normally accepted in the municipality. remedy the 13) Bylaw # 177, being a Bylaw respecting Nuisances and Unsightly Premises in the Village of Cowley, is hereby repealed. The this aND day of .. FEBRUARY 1993. Lause Wilgosh Mayor - Robert Bergen Admin. - Laurie Wilgost ReaD sedand tire this LND day of FEBRUARY .. Ka. Mayor - Robert Bergen Read third ato  · FEBRUARY. Mayor Lausie Wilsosh. Bergen finally passed, this 2.ND day of Laure Wilgosh.. Admin. - Laurie Wilgosh - Robert   ..1993.