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VILLAGE OF EMPRESS
BY-LAW NO. 3-2017
A BYLAW OF THE VILLAGE OF EMPRESS IN THE PROVINCE OF ALBERTA
TO REGULATE THE MAINTENANCE OF SIDEWALKS AND BOULEVARDS IN
THE VILLAGE OF EMPRESS.
WHEREAS the Municipal Government Act (Alberta) section 7 authorizes
municipalities
to pass Bylaws respecting safety, health and welfare of
people and the protection of people and property;
AND WHEREAS the Municipal Government Act (Alberta) section
18
indicates that the Municipality has the direction, control and management of
the public highways, roads, streets, lanes,
alleys, etc. within the Village,
including the air space above and the ground below;
NOW THEREFORE the Council of the Village of Empress, in the Province
ofAlberta, duly assembled, enacts as follows:
SECTION 1 -SHORT TITLE
This Bylaw shall be known and cited as the "Sidewalk and Boulevard
Maintenance Bylaw" of the Village of Empress.
DEFINITIONS
In this Bylaw, unless the context otherwise requires:
BOULEVARD means the area between the edge of the pavement or curb of the
roadway, or where there is no pavement or curb from the edge of the travelled
portion of the highway to the adjacent property line which may be grassed, gravelled
or paved, but shall exclude that portion of the commercial district on third Avenue
from 1st Street West to ISt Street East, and ISt Street East from 3rdAvenue to the
north side of the motel, and Center Street from 3rdAvenue to 2ndAvenue;
COUNCIL means the municipal council of the Village of Empress;
HIGHWAY means any public street, road way, bridge, trestle, lane or right of way
designed or intended for or used by the general public for the passage of vehicles;
OCCUPIER means a person who occupies land but does not include the occupier of a
unit in an apartment, hotel or institution;
OWNER has the same meaning as defined in the Local Government Act;
SIDEWALKS means every structure designed primarily for pedestrian use, including,
without limitation, a sidewalk, walkway, trail, stairway, ramp or curb letdown, any
customarily travelled footpath, including without limitation, any footpath made of
gravel, asphalt, limestone, dirt or other material and the unpaved edge adjoining any
asphalt road surface where no finished sidewalk exists
CLEARING OF SIDEWALKS
The owner or occupant of any premises adjoining a sidewalk shall clear away any
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snow, ice, dirt or other obstruction from a sidewalk within twenty-four hours after the
time such snow, ice, dirt or other obstruction was deposited or formed on the
sidewalk.
(2)
(3)
Where snow, ice, dirt or other obstruction
is formed
or deposited on a
sidewalk the Village may cause the sidewalk to be cleared at the expense of
the owner or occupant of the premises adjoining the sidewalk.
The Village may render the account for the expense incurred by subsection
3(1)
in
writing
to
either
the owner or the occupant
of
the premises
adjoining the sidewalk and the person to whom the account was rendered
shall pay the same upon receipt thereof.
If the Village does not receive the payment of the expense incurred
in
cleaning a sidewalk as provided in this section within ten days of the date
on which the account was mailed or delivered to the occupant or to the
owner, the Village may charge the same against the property adjoining or
adjoining the portion
of the sidewalk which was cleared by the Village as a
special assessment to be recovered in like manner as taxes assessable
against the property.
MAINTENANCE OF BOULEVARDS
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Where a Boulevard or any portion thereof is sown to grass or where there is grass
naturally growing thereon, the occupant of land which the Boulevard is adjacent to
shall cut such grass at such regular intervals as are necessary to keep the
Boulevard in a tidy and attractive condition.
(2)
(3)
Where the occupant of land who is required by Subsection 4 to cut grass
on a boulevard neglects or refuses to cut such grass, the Village may give
notice to him to cut the grass or have the grass cut within a reasonable
time and in any case within one week of the mailing of the notice and such
notice shall advise the person to whom it is addressed that the Village may
have the grass cut at his expense.
If the occupant of the property is not the registered owner thereof or the
purchaser under an Agreement of Sale, the Village shall also cause a copy
of the notice to be sent to the owner thereof at his address as it appears in
the Property Tax Roll of the Village.
If the grass is not cut satisfactorily within the time limit in the notice given
pursuant to Subsection 4 (1), the Village may have the grass cut and may
charge the cost of the work done against the adjacent property as taxes
due and owing and collect it as such.
Where a Boulevard adjacent to a property is covered in gravel with no grass, the
gravel shall be maintained as necessary to keep the boulevard in a tidy and
attractive weed free condition.
(2)
Where the occupant of land who is required by Subsection 5 to maintain
gravel boulevards in a weed free state neglects or refuses to maintain
gravel boulevards in a weed free state, the Village may give notice to him
to maintain gravel boulevards in a weed free state within a reasonable time
and in any case within one week of the mailing of the notice and such
notice shall advise the person to whom it is addressed that the Village may
have the boulevards maintained at his expense.
If the occupant of the property is not the registered owner thereof or the
purchaser under an Agreement of Sale, the Village shall also cause a copy
of the notice to be sent to the owner thereof at his address as it appears in
the Property Tax Roll of the Village.