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BYLAW NO. 557
NUISANCE AND UNSIGHTLY PREMISES BYLAW
Being a Bylaw to control nuisances, weeds and unsightly premises within the Village of Czar.
WHEREAS: Pursuant to the provisions of the Municipal Government Act, Statutes of Alberta,
RSA 2000 and amendments thereto, Council may pass a Bylaw for the purpose
of controlling weeds, and unsightly premises and nuisances within the Village of
Czar;
AND WHEREAS: Council deems it necessary to pass a Bylaw to control
nuisances, weeds and unsightly premises within the Village of Czar.
NOW, THEREFORE THE MUNICIPAL COUNCIL OF THE VILLAGE OF
CZAR, IN THE PROVINCE OF ALBERTA, DULY ASSEMBLED, ENACTS AS
FOLLOWS:
1.
TITLE
This Bylaw may be cited as the "Nuisance and Unsightly Premises
Bylaw"
2.
DEFINITIONS
2.1
In this bylaw, unless the context otherwise requires:
a) "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 and containers of building material, gravel,
concrete and asphalt and any earth, rocks and vegetation
displaced during such construction, renovation or demolition
of any building or other structure;
b) "Carry On" means to carry on, continue, operate, perform,
keep, hold, occupy, or use a thing, object or practice;
c)
"Chief Administrative Officer" means a Municipal official
in the responsible role of Chief Administrative Officer, and
includes anyone designated and authorized to act on his
behalf;
d) "Peace Officer" means a person so designated, and
includes any inspector designated by Council or the Chief
Administrative Officer, to perform the duties of the Peace
Officer with respect to the enforcement of this Bylaw;
e) "Control" in reference to weeds means:
i)
Cut, mow or carry out measures designed to
inhibit propagation of the weed, or
ii)
Destroy the weed if specified by a Peace Officer or
Weed Inspector employed by the Village of Czar,
or
iii)
Carry out other measures as prescribed by a
Peace Officer or Weed Inspector employed by the
Village of Czar;
f)
"Council" means the Council of the Village of Czar;
g) "Court" means the Provincial Court of Alberta;
h) "Garbage" means any household or commercial rubbish
including, but not limited to, boxes, cartons, bottles, cans,
containers, packaging, wrapping material, waste paper,
cardboard, food, discarded clothing or fabric and discarded
household items;
i)
"Highway" is as defined in the Traffic Safety Act;
j)
"Including" when introducing a list of items, does not limit
the meaning of the words to those items or to items of a
similar kind;
k)
"Notice" means a notice issued pursuant to this Bylaw to
remedy a condition that is not in compliance with any
provision of this Bylaw;
l)
"Owner" means:
i)
a person who is registered under the Land Titles
Act as the owner of a parcel of land, or
ii)
a person who is recorded as the owner of a
property on the tax assessment roll of the Village,
or
iii)
a person who has purchased or otherwise
acquired a parcel of land, whether he has
purchased or otherwise acquired the land directly
from the owner or from another purchaser, and
has not yet become the registered owner thereof;
or
iv)
a person holding himself out as the person having
the powers and authority of ownership of a
property or premises or who for the time being
exercises the power and authority of ownerships;
or
v)
a person controlling a property or premises under
construction, or
vi)
a person who is the occupant of a property or
premises pursuant to a rental or lease agreement,
license or permit;
m) "Person" means an individual or any business entity
including a firm, partnership, association, corporation,
company or society;
n) "Premises" means any land situated in whole or in part
within the Village including the external surfaces of all
buildings and land immediately adjacent to any building or
buildings and includes any land or buildings owned or
leased by the Village of Czar;
o) "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;
p) "Residential Building" means a structure used as a
residence containing one or more dwelling units, including a
house, multi-family dwelling, apartment building, hospital,
lodging house, hotel, motel, mobile home, tent, trailer, motor
home, camper or recreational vehicle of any type;
q) "Residential Development" means any land that is the
site of one or more residential buildings, including farms,
ranches, and other land that is used for purely agriculture
purposes;
r)
"Village" means the Village of Czar, a municipal
corporation in the Province of Alberta, and where the
context so requires means the area of land within the
corporate boundaries thereof;
s)
"Unsightly Premises" means any property or part of it
which is characterized by visual evidence of a lack of
general maintenance and upkeep by 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, or
ii)
the whole or any part of a vehicle or vehicles
which are not registered with the Motor Vehicle
Registry for the current year and are inoperative
by reason of disrepair, removed parts or missing
equipment, or
iii)
equipment or machinery which has been rendered
inoperative by reason of disassembly, age or
mechanical
condition,
including
household
appliances, or
iv)
animal material, ashes, building material, garbage
and yard material as defined in this Bylaw, or
v)
any other form or scrap, litter, trash or waste of
any kind;
t)
"Vehicle" has the same meaning as defined in the Traffic
Safety Act;
u) "Yard Material" means waste material or 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.
GENERAL PROHIBITION
3.1
No owner of a property or premises shall cause, allow or permit the
premises to become or to continue to be an unsightly premise as defined in this
Bylaw.
3.2
Whether or not a particular premises is "characterized by visual
evidence of a lack of general maintenance" as a result of the "excessive
accumulation" of the materials listed in section 2(s) of this Bylaw are questions
of fact to be determined by a Court hearing a prosecution pursuant to the
provisions of this Bylaw.
3.3
When making the determination during a trial as to whether a particular
premise constitutes an "unsightly premises" the Court's considerations shall
include any admissible evidence as to:
a) The general condition and state of tidiness of the neighboring or
surrounding premises; and
b) The location and permitted use of the premises and whether or not
the premises is located within a Residential Development; and
c) The period of time the premises has been in the state complained
of; and
d) Whether or not the premises is undergoing construction or
renovation, and the period of time that such activity has been
ongoing; and
e) Any other circumstances or factors relating to the premises which
the Court deems are relevant to the said determination.
4.
WEEDS, GRASS, TREES AND PESTS
4.1
Every occupant or owner of any property or premises within the Village
shall:
a) Eradicate or control all weeds and grass on a premises, and
on any boulevard which abuts or adjoins the premises,
including up to the center lanes or alleys at the rear or side
of the premises;
b) Prune or remove any and all trees that, due to a
deterioration of condition or for any other reason, interfere
with any public utility or public works, and are a public
safety hazard;
c)
Remove or prune any shrub owned by him which is, or
could be, a nuisance to any person using any publicly
owned or maintained sidewalk or street;
d) Prevent stagnant water from remaining on any such
premises and becoming a breeding place for mosquitoes or
other pests;
e) Cut or mow the grass on any boulevard or street, situated
on Village owned land adjoining, or abutting or adjacent to
premises owned or occupied by him, to prevent such grass
from growing to such a height as to be unsightly, having
regard to the height of the grass on adjacent or surrounding
premises;
f)
Remove from such property any dead grass or brush or
rubbish which may by untidy or unsightly, or may harbor
vermin or pests thereon;
g) Cut the 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.
4.2
No occupant or owner of any property or premises shall:
a) Allow dandelions or noxious weeds ( as defined in the
Noxious Weed Act ) to grow on occupied or unoccupied
premises;
b) Suffer or permit trees growing on private property to
interfere or endanger the lines, poles, conduits, pipes,
sewers, or other works of the Village;
c)
Allow blight or disease of the trees or shrubs or vegetable
or plant life liable to spread to other trees or shrubs or plant
life within the Village to go unchecked;
5.
CONSTRUCTION SITES
5.1
An owner of a property or premises under construction shall ensure
that building materials and waste materials on the premises are removed or
contained and secured in such a manner that prevents such material from being
blown off or scattered from the property.
5.2
An owner of a property or premises under construction shall ensure
that waste building material on the premises is removed or secured within a
reasonable time by means of appropriate containers.
5.3
All existing gas, electrical, water, sewer or other services to the site of
an unoccupied building, structure, erection, or excavation shall be shut off and
capped at the property line and no unused open ends in waste or vent pipes or
any plumbing system shall be permitted and shall be properly closed by plugs,
caps or cleanouts properly screwed or soldered into place.
6.
EXEMPTIONS AND EXCEPTIONS
6.1
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 a premises.
6.2
The owner or a premise that carries on or permits the carrying on of
any activities referred to in section 6.1 of this Bylaw shall ensure that all
reasonable steps are taken to minimize the duration and visual impact of any
resulting untidiness or unsightliness of the premises.
6.3
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 6.2 of this Bylaw, is a question of fact to be
determined by the Court hearing a prosecution pursuant to the provisions of this
Bylaw.
7.
INSPECTIONS
7.1
The Chief Administrative Officer and other duly appointed Village of
Czar officials are charged with the responsibility and authority to enforce and
carry out the provisions of this Bylaw. Any person so authorized and/or
contracted by the CAO or the Council to carry out any inspection and remedial
work on a premises or property pursuant to the provisions of this Bylaw shall
have the right to enter upon such property, other than a dwelling house, to carry
out such inspection or work.
7.2
A Peace Officer, when investigating an alleged contravention of this
Bylaw, is hereby authorized to enter upon any lands, buildings or premises,
other than a dwelling house, to inspect for conditions that may constitute a
nuisance, or otherwise contravene the provisions of this Bylaw. A Peace Officer
may thereafter issue a verbal or written order to the owner or occupant thereof
to remedy any condition(s) of the subject premises or property that have been
found to be in contravention of this Bylaw.
8.
ENFORCEMENT
8.1
Where a Peace Officer has reasonable grounds to believe that a
person has contravened any provision of this Bylaw, the Peace Officer 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) Swearing out an information and Complaint against the
person.
8.2
Where a Peace Officer issues a person a Violation Ticket in
accordance with section 8.1 of this Bylaw, the Officer may either:
a) Allow the person to pay the specified penalty as provided
for in sections 10.1 and 10.2 of this Bylaw by indicating
such specified penalty on the Violation Ticket; or
b) Require a Court appearance of the person where the Peace
Officer believes that such appearance is in the public
interest, pursuant to the provisions of Part 2 of the
Provincial Offences Procedure Act.
8.3
Notwithstanding any other provision of this Bylaw, a Peace Officer,
upon receiving and reviewing a nuisance or unsightly premises complaint, shall
assess the nuisance being 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.
8.4
No provision of this Bylaw nor any action taken pursuant to any
provision of this Bylaw shall restrict, limit, prevent or preclude the Village of Czar
from pursuing any other remedy in relation to a premises or nuisance as
provided by the Municipal Government Act, or any other law of the Province of
Alberta
9.
GENERAL PENALTY PROVISON
9.1
Any person that violates any provision of this Bylaw is guilty of an
offence and is liable upon conviction to a maximum fine of TEN THOUSAND
DOLLARS ( $10,000 ) or in default of payment of the fine to imprisonment for a
period not exceeding on (1) year, or both fine and imprisonment in such
amounts.
10.
MINIMUM AND SPECIFIED PENALTIES
10.1
The specified penalty for a violation of any provision of this Bylaw is a
fine in the amount of THREE HUNDRED DOLLARS ($300.00), and the
minimum fine allowable for any such violation is TWO HUNDRED AND FIFTY
DOLLARS ($250.00).
10.2
Notwithstanding section 10.1 of this Bylaw, if a person violates the
same provision of this Bylaw twice (or more) within a one-year period, the
minimum penalty allowable for the second (and subsequent) such violation(s)
shall be a fine in the amount of FIVE HUNDRED DOLLARS ($500.00).
11.
GENERAL
11.1
It is the intention of the Council of the Village of Czar 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, then such section or provision shall be
regarded as being severable from the rest of this Bylaw and that the Bylaw
remaining after such severance shall remain effective and enforceable.
11.2
It is the intention on the Council of the Village of Czar that all offences
created pursuant to this Bylaw be construed and considered as being strict
liability offences.
11.3
Whenever the singular and masculine gender is used in this Bylaw, the
same shall include the plural, feminine and neuter gender whenever the context
so requires.
11.4
This Bylaw shall come into effect upon third reading and Bylaw
530 of the Village of Czar is hereby repealed upon this Bylaw coming into
effect.
Read a first time this 13th day of August A.D., 2019.
Read a second time this 13th day of August A.D., 2019.
Read a third time and finally passed this 13th day of August A.D., 2019.
_______________________________
MAYOR
_______________________________
ADMINISTRATOR