Unsightly Premises Bylaw PI 1/06 — full text

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BYLAW NO. PI 1/06 A Bylaw of the Town of Gibbons In The Province of Alberta To Control and Regulate Nuisances and Unsightly Premises Within The Corporate Limits of The Town of Gibbons WHEREAS, pursuant to the provisions of Section 7(c) The Municipal Government Act, RSA 2000, C. M-26, as amended, the Council of the Town of Gibbons may pass a Bylaw for municipal purposes respecting nuisances, including unsightly property; AND WHEREEAS, The Municipal Government Act, RSA 2000, C. M-26, as amended, authorizes a Council to pass a Bylaw for municipal purposes respecting the safety, health and welfare of people and the protection of people and property; NOW THEREFORE, the Council of the Town of Gibbons, in the Province of Alberta, duly assembled, hereby enacts as follows: This Bylaw may be cited as the "Nuisance Bylaw". SECTION 1.0 - DEFINITIONS 1.1 "ACT" means the Municipal Act, RSA 2000, and amendments thereto. 1.2 1.3 1.4 1.5 1.6 1.7 1.8 "COMPOSTING" means the managed practice of recycling organic ## material, including food and yard waste, through biological degradation in - a container or pile to create useable soil conditioner. - "OPEN COMPOSTING PILE" means a composting site which is not entirely contained in a structure. "LAND-USE BYLAW" means the Town of Gibbons Land Use Bylaw No PLU 2/98 as amended. - "NOXIOUS WEED" means a nuisance weed as prescribed in The Weed - Weed Control Act, RSA 2000, C. W-5 and its regulations thereto, as amended. - Control Act, RSA 2000, C. W-5 and its regulations thereto, as amended. "NUISANCE WEED" means a nuisance weed as prescribed in The "OCCUPIER" means any person other than the Owner who is in - possession of the property, including, but not restricted to a renter, lessee, license, tenant or agent of the Owner. - "OWNER" means any person registered as the owner of property under The Land Titles Act, RSA 2000 C. L-4, as amended, and a person who is - recorded as the owner of the property on the Tax Assessment Roll for the Town of Gibbons. - 1.9 "PROPERTY" means the whole or part of any part parcel or real property, including external surfaces of all buildings, structures or fences. - 1.10 "REFUSE" means all solid or liquid wastes including, but not limited to, broken dishes, cans, glass, rags, cast-off clothing, waste paper, cardboard, containers, organic and inorganic yard and garden waste, garbage, tuels, chemicals, hazardous materials, abandoned equipment, tires, manure or any other form of waste or litter. - 1.11 "RESTRICTED WEEDS" means a restricted weed as prescribed in the Weed Control Act, RSA 2000, C. W-5 and its regulations as amended. - 1.12 "UNSIGHTLY" means a property that because of its condition or the accumulation of refuse is detrimental to the use, enjoyment or value of the surrounding area or surrounding properties. ## SECTION 2.0 - GRASS & WEEDS - 2.1 No owner or occupier of a property shall allow grass, grasses or weeds on the property to exceed a height (length) of fifteen (15) centimeters. - Nothing in this section shall prevent the controlled and managed practice of xeriscope or other recognized low water use gardening practices. - 2.2 An owner or occupier of a property directly adjacent to a public owned boulevard and/or road right of way shall be responsible to maintain subject to this Bylaw, all grass, grasses and weeds on said boulevard and/or road right of way. - 23 Every owner or occupier of property shall eradicate all restricted weeds and noxious weeds and control the spread of all nuisance weeds located on property. ## SECTION 3.0 - ACCUMULATION OF MATERIALS - 3.1 No owner or occupier of a property shall allow the property to become unsightly. - 3.2 No owner or occupier of a property shall allow on the property an accumulation of the following to create an unsightly condition: - Loose refuse - b) Bottles, cans, boxes or packaging materials except if stored in - appropriate containers provided for the temporary storage of refuse or other waste materials for pick-up and disposal of a sanitary landfill, recycling centre or other waste management facilities. - Household furniture, appliances or other household goods - Automobile parts - e) Part of or disassembled machinery, equipment or appliances - Yard waste, including but not limited to grass, tree and hedge cuttings but excluding the contents of a composting pile subject to this Bylaw. - g) New or used wood or metal. - 3.3 No owner or occupier of any property shall permit or allow any material set out in Section 3.2 to accumulate in any open structure attached to any building within the Town except in containers, bins, drawers, shelves and areas provided for temporary storage. No storage shall be allowed in the front or side yard of any property in Town with the exception of storage sheds. - 3.4 No owner or occupier of property shall allow on the property, the accumulation of building materials, whether new or used, unless that owner or occupier can establish that a construction or renovation undertaking is being carried out on the property and that: - the project has begun or work is imminent. - її) the materials found on the property relate to the project taking place in a quantity reasonable to complete the project. - ili) all other federal, provincial and municipal legislation is adhered to including but not limited to all provisions of the Land Use Bylaw and Safety Codes Act as amended. - a) An owner or occupier of a property shall ensure that all building materials stored on the property, which are not in contravention of Subsection 3.4.i are stacked or stored in an orderly manner. - Not withstanding anything in Section 3, it shall not be an offence to store a small amount of neatly stacked materials not stored on the front yard or side yard of the property for basic property maintenance. - 3.5 No owner or occupier of a property shall allow an accumulation of the following on their property: - a) Any material(s) that creates unpleasant odours - b) Any material(s) that or is likely to attract pests - Any animal remains, parts of animal remains or animal feces. - 3.6 No owner or occupier of a property shall allow open or exposed storage of any industrial fluid, including but no limited to engine oil, brake fluid or antifreeze. ## SECTION 4.0 - COMPOSTING - 4.1 No owner or occupier of a property shall place or allow to be placed cat feces, dog feces, animal parts or animal meat on a composting pile or in composting container on the property. - 4.2 No owner or occupier of a property shall allow an open composting pile on the premises within ten (10) meters of an adjacent dwelling house, measured from the nearest part of the open composting pile to the nearest part of the adjacent dwelling house. - 4.3 Every owner or occupier of a property who allows a composting container or open composting pile to remain on a property must ensure that it is maintained in such a manner that it does not become a nuisance by creating an offensive odour or attracting pests. ## SECTION 5.0 - WATER EAVESTROUGHS AND DOWNSPOUTS - 5.1 No owner or occupier of a property shall allow a flow of water from a hose or similar device on the property to be directed towards an adjacent property if it is likely that the water from the hose or similar device will enter the adjacent property. - 5.2 An owner or occupier of a property shall direct any rainwater downspout or eaves trough on the property to the front or rear of the premises. ## SECTION 6.0 - SMOKE AND DUST - 6.1 No owner or occupier of property shall engage in an activity likely to allow smoke, dust or other airborne matter likely to disturb another person to escape the property without taking precautions to ensure that the smoke, dust or other airborne matter does not escape the property. ## SECTION 7.0 - LIGHT - 7.1 No owner or occupier of a property shall allow an outdoor light to shine dingly gre thing ping or search 1, 2006 shal be ent sideling house. grandfathered. - 7.2 No owner or occupier of a property shall allow an outdoor light to shine in a manner in which it will interfere with the effectiveness of a traffic control device - 7.3 No owner or occupier of a property shall allow an outdoor light to shine in a manner in which it will interfere with an operation of a motor vehicle, a pedestrian or any proper use of a highway. ## SECTION 8.0 - MAINTENANCE OF ACCESSORY BUILDINGS, STRUCTURES AND FENCES - 8.1 No owner or occupier of a property shall allow an accessory building, structure or fence to become a safety hazard. - 8.2 No owner or occupier of a property shall allow an accessory building, structure or fence to become unsightly. ## SECTION 9.0 - VEHICLES - 9.1 No owner or occupier of a property shall park on any part of a property except on a designated off-road parking area as prescribed in the Town of Gibbons Land Use Bylaw. - 9.2 No owner or occupier of a property shall allow the external storage of more than one motor vehicle not bearing a licence plate with subsisting registration. - 9.3 No owner or occupier of a property shall allow the external storage of a motor vehicle used for stock car races, a motor vehile which has all or part of its superstructure removed, or a motor vehicle or the parts thereof which is in a dilapidated or unsightly condition. ## SECTION 10.0 - ENFORCEMENT ## Inspections - 10.1 A designated officer may enter into or upon any land or building within the Town in respect to a property that may be or is in contravention with this Bylaw, pursuant to Section 542 of the Municipal Government Act. ## Enforcement Order - 10.2 Where any property in the Town is in contravention of this Bylaw a designated officer may issue an Enforcement Order in writing to a person 10.3 10.4 10.5 Bylaw NO. PI 1/06 Page 6 who is duly imposed by this Bylaw to prevent a contravention to remedy - officer. An Enforcement Order shall be in a form as prescribed by the Town in the same in a manner and time as deemed reasonable by a designated accordance with Sections 545 and 546 of the Municipal Government Act. - An Enforcement Order shall be considered duly given and served on the person it is addressed: - a) on the Enforcement Order being delivered personally upon the b) c) person to which it is addressed. - on sending it by single registered mail in a prepaid cover addressed to the last known postal address of the person whom the - Enforcement Order is addressed or as shown in the Tax Assessment Roll. on leaving it with a person apparently over the age of eighteen (18) years at the place of residency of the person to whom The - Enforcement Order is addressed. on posting the Enforcement Order in a conspicuous place on the - or erections thereon, when the Designated Officer has reason to believe: that the person to whom the notice is addressed is evading ii) property referred to in the Enforcement Order or on any buildings service thereof, or - for any reason it is improbable that the Enforcement Notice will be received by the person to whom it is addressed - within three days of the date the Enforcement Order, if it was to be delivered by any other way as mentioned in this section. The Town is not required to enforce this Bylaw. In deciding whether to enforce this Bylaw, the Town may take into account any practical - concerns, including available municipal budget and personnel resources. SECTION 11.0 - APPEAL 11.1 ## Any person upon receipt of an Enforcement Order that feels aggrieved by - under Section 547 of the Municipal Government Act. the Enforcement Order may appeal to the Town by filing notice of appeal - 11.2 An appeal shall be in writing and set out: - a) The name and address of the appellant. - b) The legal description or civic address of the land affected. - C) The grounds for the appeal. - 11.3 A Notice of Appeal shall be accompanied by an administrative fee of One Hundred ($100.00) Dollars. - 11.4 In the event that the Council rules in favour of the appellant and grants the appeal, the administrative fee shall be fully refunded ## SECTION 12.0 - PENALTIES - 12.1 Any person who has contravened any section of this Bylaw is guilty of an offence and is liable to a penalty as set out in schedule "A" of this Bylaw. - 12.2 Where, in the opinion of a designated officer, a person has contravened any section of this Bylaw the designated officer may serve upon such a person volunt are ply pected a fre palscribed by the heal ing such an offense to the Town and such payment shall be accepted by the Town in lieu of prosecution. - 12.3 Where, in the opinion of a designated officer, a person has contravened any section of this Bylaw the designated officer may serve upon such a person a Violation Ticket in the form and manner as prescribed by the provisions of the Provincial Offences and Procedures Act, Chapter P-34, RSA 2000 and all its regulations and amendments thereto. - 12.4 In the event that a person has been issued an Enforcement Order to remedy a condition that is deemed a contravention of this Bylaw, neglects, refuses or fails to comply with such order, the designated officer may cause work to be done as necessary to remedy the contravention and: - a) Charge the cost to the person as a debt due and owing to the Town, Or - b) Charge the cost against the property to be recovered in like manner as with other taxes. - 12.5 Any person who neglects, refuses or fails to comply with an Enforcement Order issued under this Bylaw is guilty of an offense. SECTION 13.0 - ENACTMENT 13.1 ## This Bylaw shall come into full force and effect upon the date of the 13.2 passing of the third and final reading. - Bylaw No. PI 3/02 and all bylaws amending it are hereby rescinded. Read a first time this 8'" day of February, 2006. Mayor  Read a second time this 8 day of February, 2006. Mayor  Read a third and final time this 8" day of February, 2006. libas Immo Maru Delum  Mayor Disclaimer This Bylaw is an electronic reproduction made available for information only. It is not an official version of the bylaw. The Town of Gibbons does not warrant the accuracy or completeness of this electronic version. These bylaws cannot be distributed or used for commercial purposes. They may be used for other purposes only if you repeat this disclaimer. Official versions of all bylaws can be obtained from the Town of Gibbons. Manager  Manager Manage Bylaw NO. PI 1/06 Page 8 ## SCHEDULE "A" FORM "A" NOTICE TO OWNER DATE: OWNER/OCCUPIER: FILE NO: LOCATION: WHEREAS, Section 3 of Bylaw No. property shall allow the property be become unsightly." states that "No owner or occupier of a The aforementioned property has been deemed unsightly due to: Location on Property NORTH The premises or property will be deemed to have been remedied when: Action must be completed on or before PENALTY If you do not remedy the nuisance as directed before will be fined $150.00 for the first offense and $250.00 for subsequent offenses and the Bylaw NO. PI 1/06 Page 10 \_ you Town may do the work set out above and charge you for the cost of such work. If not paid, the cost of the work may be collected in the same manner as property taxes. APPEAL PROCESS ## (1) A person who receives a written order under Section may, by written notice, request Council to review the Order, within 14 days of the - date the order is received. (2) A person who receives a written order under Section may, by written notice request Council to review the order, within 7 days of the date - the order is reviewed. Per: Town of Gibbons Designated Officer