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Bylaw #553-24 Unsightly Premises
1
BY-LAW # 553-24
OF THE VILLAGE OF HEISLER
IN THE PROVINCE OF ALBERTA
BEING A BYLAW OF THE VILLAGE OF HEISLER IN THE PROVINCE OF ALBERTA
TO REGULATE NUISANCES AND UNSIGHTLY AND UNTIDY PREMISES
PUSUANT TO THE AUTHORITY OF MUNICIPAL GOVERNMENT ACT, RSA 2000, c.
M-26 AS AMENDED OR REPEALED AND REPLACED FROM TIME TO TIME, the
Council of the Village of Heisler, duly assembled, ENACTS as follows:
1. SHORT TITLE
1. This bylaw may be cited as the "Unsightly Premises Bylaw" of the Village of
Heisler in the Province of Alberta.
2. DEFINITIONS
2. In this bylaw, unless the context otherwise requires, the term:
(a) 'Animal material' means any animal excrement and may include material
accumulated on premises from pet pens, yards, stables, kennels or
veterinary businesses.
(b) 'Ashes' means the powdery residue left after the combustion of any
substance including partially burnt substances accumulated on premises.
(c) 'Building material' means all construction and demolition material
accumulated on premises including materials hauled in or accumulated
as a result of constructing, renovating, repairing or demolishing any
structure and includes, but is not limited to, earth, vegetation or rock
displaced during such activity.
(d) 'Council' means the Council of the Village of Heisler.
(e) 'Enforcement Officer' means any peace officer including a by-law
enforcement officer of the Village of Heisler, or any other person
appointed by Council to enforce the provisions of this by-law, and
includes a member of the Royal Canadian Mounted Police.
(f) 'Garbage' means household waste including material containing organic
matter which is or may become decomposed, and materials and by-
products resulting from the preparation, consumption or storage of food.
(g) 'Garbage container' means a container that garbage may be placed in
and that is capable of being closed and secured in such a way as to
prevent animals and birds from gaining access to the contents.
(h) 'MGA' means the Municipal Government Act, R.S.A. 2000, c.M-26, as
amended or repealed and replaced from time to time.
(i) 'Nuisance' means
i.
an offensive, annoying, unpleasant or obnoxious thing, object or
practice that causes an intrusion or disturbance of a visual or
sensatory nature affecting another person's quiet enjoyment of his
or her property.
ii.
a practice that does, or potentially could, place unnecessarily
stress on the infrastructure of the municipality including, but not
limited to:
A. Failing to install, use, or maintain eaves troughs on a
building connected to the municipal sewer system.
B. Failing to install, use, or maintain downspouts or a
combination of downspouts and non-porous chutes of at
least 2 meters in length on buildings connected to the
municipal sewer system.
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C. Failing to direct sump water out to the street.
D. Failing to provide or maintain landscaping that directs
water away from a building connected to the municipal
sewer system.
E. Using a mechanical device operated by the water pressure
of a municipal water system when prohibited by an Order
in Council.
F. Excessive use of water provided by the municipality as
evidenced by runoff from the property to which the water is
being applied.
iii. an act, or the omission of an act, that disrupts the natural drainage
of surface water or, if permitted property development has affected
same, the designated drainage of surface water.
(j) 'Occupant" means a person authorized to occupy a property including,
but not limited to, leasers and renters or persons visiting leasers or
renters.
(k) 'Order' means an Order as described in section 545 or 546 of the
Municipal Government Act, as applicable.
(l) 'Owner' means any person registered as the owner of the property,
person recorded as the owner of the property on the assessment roll,
person who has purchased or otherwise acquired the property, persons
holding themselves out as the person having the power of authority of
ownership of the property or a person controlling the property under
construction, and includes a corporation, an individual and the heirs,
executors, administrators or other legal representatives of an individual.
(m) 'Premises' means any land, building or property within the municipal
boundaries of the Village of Heisler and shall include any boulevards,
sidewalks, curbs, street frontages and back alleys adjoining a particular
land, building or property.
(n) 'Unsightly and/or untidy premises' means a property or part of it that is
detrimental to the surrounding area pursuant to the MGA, s. 546 as
characterized by visual or sensatory evidence of a lack of general
maintenance and upkeep, or causing a decline in the market value of
property in the area; including, but not limited to:
i. the accumulation on the premises of any rubbish, refuse,
garbage, papers, packages, containers, bottles, cans, human
excrement or sewage, or the whole or part of an animal carcass,
dirt, soil, sand, gravel, rocks, sod, petroleum products, hazardous
materials, disassembled equipment or machinery, broken or
discarded household goods.
ii. the whole or part of any motor vehicle as defined in the Traffic
Safety Act, RSA 2000, as amended or repealed and replaced from
time to time, as well as any tractor or implement of husbandry:
A. that has no current license plate attached to it and in
respect of which, no registration certificate has been
issued for the current year, or
B. that is inoperative by reason of disassembly, age or
mechanical condition.
iii. equipment or machinery that has been rendered inoperative by
reason of its disassembly, age or mechanical condition and
includes household appliances.
iv. animal material, yard material, ashes, building material, and
garbage as defined in this bylaw.
v. any building, erection or structure that is unsightly or has become
ruinous or dilapidated,
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vi. any structure, excavation or hole that is unsafe, unprotected or
dangerous to public health or safety.
vii. any combination of materials that is deemed by an Enforcement
Officer to be unsightly or offensive.
viii. in respect of land, includes land that shows signs of a serious
disregard for general maintenance or upkeep.
(o) 'Violation tag' means a ticket or similar document issued by the Village
pursuant to the Municipal Government Act, R.S.A. 2000, c.M-26, as
amended, repealed or replaced from time to time.
(p) 'Violation ticket' means a ticket issued pursuant to the Provincial Offenses
Procedure Act, RSA 2000, c.P-34, as amended, repealed or amended
from time to time, and regulations there under.
(q) 'Work force' means persons engaged by the Village of Heisler for the
purpose of enforcing an Order.
(r) 'Yard waste' means organic matter formed as a result of gardening or
horticultural pursuits and includes grass clippings and tree or hedge
cuttings.
3. VIOLATIONS
3.1 No owner or occupant of a premises shall cause, allow, permit or maintain his or
her premises in an unsightly, untidy or nuisance condition as defined in this
bylaw.
3.2 No owner or occupant shall cause, permit, or allow to exist, a structure,
excavation or hole that in the opinion of an Enforcement Officer may be a danger
to public safety.
3.3 No owner or occupant shall cause, allow, or permit his or her property to become
overgrown with dandelions or noxious weeds and plants.
3.4 No owner shall cause, allow or permit trees or shrubs on his or her property to
interfere in any way with property owned by another person or operated by a
municipal or public utility.
3.5 No person shall create a nuisance.
3.6 Notwithstanding section 3.1, an Enforcement Officer may permit up to two (2)
vehicles on a premises with no license plate attached to them and in respect of
which, no current registration certificate.
4. ENFORCEMENT
4.1 An Enforcement Officer may, for the purposes of ensuring that this bylaw is
complied with, enter in or upon the property in accordance with section 542 of the
MGA to carry out an inspection, enforcement or other action required or
authorized by this bylaw.
4.2 If an Enforcement Officer determines that a nuisance exists, or that the inspected
property has become unsightly or untidy, or that a danger to the public safety
exists the Enforcement Officer may direct the owner or occupant of the property
upon which a nuisance or unsightly or untidy condition exists as follows:
(a) Issue a verbal or written warning to remedy the problem,
(b) Issue a violation tag specifying a voluntary penalty to be paid,
(c) Issue a violation ticket specifying a voluntary penalty to be paid,
(d) Issue a violation ticket directing that the owner or occupant appear before
Bylaw #553-24 Unsightly Premises
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a Provincial Court Judge,
(e) Issue an Order under section 545 or 546 of the MGA to remedy the
nuisance or unsightly condition.
(f) Any combination of the above
4.3 Each order
(a) Shall describe the premises by name, if any, and the municipal address
or legal land description.
(b) Shall state the contravention pursuant to the provisions of this bylaw.
(c) Shall give reasonable particulars of the extent of the remedy, clean up,
removal, clearing or other actions required to be made.
(d) Shall state the time within which the required actions are to be completed.
(e) Shall state that if the required actions are not completed within the time
specified, the Village may undertake to carry out the actions pursuant to
the MGA and charge the cost thereof against the person to whom the
order is directed and if said person does not pay the costs, the costs shall
be charged against the premises concerned as taxes due and owing in
respect of that property, and recovered as such.
(f) Shall state that a person receiving a written Order may request that
Council review the Order.
(g) Shall state that a request for Council to review the Order must be written
including the reasons for requesting a review, dated, and signed by the
appellant and delivered to the Village Administrator within fourteen (14)
days after the Order issued pursuant to section 545 of the MGA is
received by the person, or seven (7) days after which the Order issued
pursuant to section 546 of the MGA is received by the person.
4.4 Within thirty (30) days of receiving a request, Council will review the Order and
may vary, revoke, or uphold the Order and the time stipulated by the Order to
remedy the nuisance or unsightly condition.
4.5 A copy of the Order shall be served on any owners or occupants of the premises
(a) By being delivered personally to the person who is intended to be served,
or
(b) By being left with a person apparently over the age of eighteen (18) and
residing with the owners or occupants of the premises, or
(c) By being mailed to the person who is to be served using Registered mail
to the last known postal address of the person to be served, and service
shall be deemed to be affected fifteen (15) clear days after the date the
registered letter was received at the post office to which it was directed,
or
(d) Where the premises is not occupied, by mailing using Registered mail to
the last known postal address of the person to be served, and service
shall be deemed to be affected fifteen (15) clear days after the date the
registered letter was received at the post office to which it was directed,
or
(e) As directed by the Court.
4.6 The Enforcement Officer may, at his discretion, extend the time for doing
anything directed in the Order considering the circumstances involved.
4.7 If the person to whom the order is directed does not satisfactorily comply with
the directions of the Order as specified by an Enforcement Officer or, in the event
of a review, as specified by Council
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(a) An Enforcement Officer may enter into a process to enforce the terms of
an Order in accordance with provisions pursuant to the MGA.
(b) The expenses incurred to process and execute an Order constitute a debt
owed to the Village from the person to whom the Order is directed.
(c) The Village Administrator shall send a demand for payment of these
expenses by regular mail to the person to whom the Order was directed.
(d) If the person to whom the Order was directed fails to pay, the expenses
incurred by the Village will become an amount owing to the Village and
may be added to the tax roll pursuant to the MGA.
4.8 Where the Village carries out an Order, the workers shall deposit any materials,
vehicles, buildings, erections or structures at a location as designated by an
Enforcement Officer and said property shall be disposed of in a manner
determined by an Enforcement Officer.
4.9 Any moneys collected from the disposition of materials, vehicles, buildings,
erections or structures may be applied against the costs incurred by the Village
to execute the Order.
5. OFFENSES AND PENALTIES
5.1 A person who contravenes Section 3.3, or 3.4 of this bylaw is guilty of an offence
and liable, on summary conviction before a Provincial Court Judge to fines as
listed in Schedule 1.1 of this bylaw.
5.2 A person who contravenes section 3.1 or 3.2 of this bylaw is guilty of an offense
and liable, upon summary conviction before a Provincial Court Judge to fines as
listed in Schedule 1.2 of this bylaw.
5.3 In addition to the fines stipulated in sections 5.1 and 5.2 of this bylaw, a
Provincial Court Judge may make any other order deemed appropriate
concerning a breach of this bylaw.
5.4 Notwithstanding sections 5.1 and 5.2 of this bylaw, an Enforcement Officer may
issue a violation tag to a person who the Enforcement officer has reasonable and
probable grounds to believe has contravened any provision of this bylaw:
(a) specifying a voluntary payment as described in Schedule 1.3 of this
bylaw; and
(b) the person to whom the violation tag is issued may, in lieu of being
prosecuted for the offence, pay to the Village or Bylaw Enforcement
Officer the penalty specified within the time period indicated on the
violation tag.
5.5 A violation tag shall be deemed to have been sufficiently served if
(a) served to the accused directly, or
(b) mailed to the address of the registered owner of the vehicle or person
occupying a property, or
(c) secured to the vehicle or property in respect of which the offense is
alleged to have been committed.
5.6 In those cases where a violation tag has been issued and the penalty specified
on the violation tag has not been paid within the prescribed time, then an
Enforcement Officer may issue a provincial violation ticket specifying that a
voluntary payment be made as described in Schedule 1.4 of this bylaw.
5.7 Notwithstanding section 5.4 of this bylaw, an Enforcement Officer may
immediately issue a provincial violation ticket to any person who the Enforcement
Officer has reasonable grounds to believe has contravened any provisions of this
bylaw, specifying that
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(a) a voluntary payment be made as described in Schedule 1.4 of this
bylaw; or
(b) if it is in the public interest to compel the accused to appear before a
Judge, issue a summons respecting any offense for which a voluntary
payment may be made requiring the accuse to appear before a
Provincial Court Judge on the initial appearance date without the
alternative of making a voluntary payment.
5.8 The levying and payment of any fines shall not relieve a person from the
necessity of remedying the situation that created the violation of any section of
this by-law.
.
6. SEVERABILITY PROVISION
6.1 Should any provision of this bylaw be invalid, then such provision shall be
severed and the remaining bylaw shall be maintained.
7. REPEAL - BYLAW 488-15
7.1 Village of Heisler Bylaw #488-15 is hereby repealed.
8. EFFECTIVE DATE
8.1 This bylaw shall take effect on the date of passing thereof.
READ A FIRST TIME THIS 19th DAY OF August 19, 2024
READ A SECOND TIME THIS 19th DAY OF August 19, 2024
READ A THIRD TIME AND FINALLY PASSED BY UNANIMOUS CONSENT
THIS 19th DAY OF August 19, 2024
X
Brandon Martz
Mayor
X
Heidi Rohe
Chief Administrative Officer
Bylaw #553-24 Unsightly Premises
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SCHEDULE
CONTRAVENE
SECTION
SCHEDULE 1.1
3.3 and 3.4
(a) for a first offense, a fine in the amount of $350.00,
(b) for a second offense, a fine in the amount of $700.00.
(c) for a third or subsequent offense, a fine in the amount of $1,400.00.
SCHEDULE 1.2
3.1 and 3.2
(a) for a first offense, a fine in the amount of $550.00,
(b) for a second offense, a fine in the amount of $1,100.00,
(c) for a third or subsequent offense, a fine in the amount of $2,200.00.
SCHEDULE 1.3
5.4
(a) for a first offense, a voluntary payment in the amount of $100.00,
(b) for a second offense, a voluntary payment in the amount of $200.00,
(c) for a third or subsequent offense, a voluntary payment in the amount of $400.00.
SCHEDULE 1.4
5.6 and 5.7
(a) for a first offence, a voluntary payment in the amount of $175.00,
(b) for a second offense, a voluntary payment in the amount of $350.00,
(c) for a third or subsequent offense, a voluntary payment in the amount of $700.00.