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BYLAW NO. 6-2023
A BYLAW OF THE VILLAGE OF HOLDEN
IN THE PROVINCE OF ALBERTA
TO ESTABLISH COMMUNITY STANDARDS FOR THE VILLAGE OF HOLDEN
WHEREAS under the provisions of the Municipal Government Act, RSA 2000, Chapter
M-26, and amendments thereto, the Council of the Village of Holden may pass Bylaws
respecting the health and safety of the community and to control dangerous and untidy
properties;
AND WHEREAS under the provisions of the Municipal Government Act, and
amendments thereto, the Council of the Village of Holden may pass Bylaws and may
make provisions that it deems necessary to carry out the purposes of the Bylaw;
AND WHEREAS the Council of the Village of Holden deems it desirable and necessary
to promote the maintenance of properties, within the corporate limits of the Village of
Holden;
NOW THEREFORE, the Council of the Village of Holden, in the Province of Alberta,
duly assembled enacts as follows:
1. SHORT TITLE
1.1 This Bylaw may be cited as the "Community Standards Bylaw".
2. DEFINITIONS
2.1
"Building Material" means all construction and demolition material
accumulated on a premises while storing, constructing, altering, repairing or
demolishing any structure and includes, but is not limited to, earth,
vegetation or rock displaced during such storing, construction, alteration or
repair.
2.2
"Council" means the Municipal Council of the Village of Holden.
2.3
"Corporate Limits" shall mean all the lands within the Corporate Limits of
the Village of Holden.
2.4
"Chief Administrative Officer" shall mean the Chief Administrative Officer
of the Village of Holden.
2.5
"Detrimental to the Surrounding Area" means causing the decline of the
market value of properties in the surrounding area.
2.6
"Dismantled Vehicle" means a motor vehicle, RV or trailer that has become
dilapidated or disassembled or partially disassembled which may include but
not limited to flat tires, missing tires and rims, fenders, doors, windows,
hoods, trunks and boxes, etc.
2.7
"Emergency" shall mean any situation in which there is imminent danger to
the general public or a potential danger to the property or surrounding
properties.
Village of Holden - Bylaw No. 6-2023
Page 2 of 9
2.8
"Garbage" means any rubbish, refuse, papers, packages, containers,
bottles, cans, manure, animal or human excrement or sewage or the whole
or a part of an animal carcass, dirt, soil, gravel, rocks, sod, petroleum
products, hazardous materials, disassembled equipment or machinery,
broken household furnishings or appliances, boxes, cartons, discarded
fabrics, any materials composed or organic matter which is or may become
decomposed, including the by-products from the preparation, consumption or
storage of food.
2.9
"Inspector" means any person(s) designated by the Village of Holden Chief
Administrative Officer to enter and inspect property other than a dwelling or
an abode in accordance with the provisions of this Bylaw.
2.10 "Motor Vehicle" shall mean a vehicle propelled by any power other than
muscular power, or a moped but does not include a bicycle, an aircraft, an
implement of husbandry or a motor vehicle that runs only on rails.
2.11 "Peace Officer" means
a) any member of the Royal Canadian Mounted Police;
b) any member of a Municipal Police Service;
c) any Community Peace Officer; or
d) any Bylaw Enforcement Officer.
2.12 "Property Owner" means a person or persons, a firm, company or
corporation that is registered on the Tax Roll of the Village of Holden and
Alberta Land Titles office.
2.13 "Property" are any lands, buildings or premises in the Village of Holden.
2.14 "Recreational Vehicle" means a vehicle or trailer that is designed,
constructed and equipped, either temporarily or permanently as a temporary
accommodation for travel, vacation, or recreational use, and includes duly
licensed travel trailers, motorized homes, slide-in campers, chassis mounted
campers, tent trailers, boats and all-terrain vehicles.
2.15 "State of Disrepair" means
a) the significant deterioration of buildings, structures or improvements, or
portions of buildings, structures or improvements;
b) broken or missing windows, siding, shingles, shutters, eaves or other
building material, or;
c) significant fading, chipping or peeling of painted areas of buildings,
structures or improvements on the property.
2.16 "Village" or "Village of Holden" means the Municipal Corporation of the
Village of Holden.
2.17 "Unsightly Premises" shall mean any structure or property located within
the Village that in the opinion of the Inspector, Peace Officer or Chief
Administrative Officer, is unsightly to such an extent as to detrimentally affect
the amenities, use, value or enjoyment of the surrounding lands in reasonable
proximity to the unsightly premises, or is otherwise detrimental to the
Village of Holden - Bylaw No. 6-2023
Page 3 of 9
surrounding area or in an unsightly condition as defined in the Municipal
Government Act.
2.18 "Nuisance" shall mean any condition on or around a Property that is untidy,
unsightly, offensive, dangerous to health and safety of any person, or has or
may have a detrimental impact upon any person or other property in the
neighborhood, or which interferes with the use and enjoyment of other
adjacent property.
3. GENERAL
3.1
The property owner of any real property is ultimately responsible for all
activities on the property that may constitute prohibition of this bylaw.
3.2
Nothing in this bylaw relieves a person from complying with any Federal or
Provincial law or regulation, other bylaw or any requirements of any lawful
permit.
3.3
Where this bylaw refers to another act, bylaw, regulation or agency, it
includes reference to any act, bylaw, regular or agency that may be
substituted therefore.
3.4
Every provision of this bylaw is independent of all other provisions and if any
provision of this bylaw is declared invalid for any reason by a Court of
competent jurisdiction, all other provisions of this bylaw shall remain valid and
enforceable.
3.5
All schedules attached to this bylaw shall form part of this bylaw.
4. NUISANCE
4.1
A nuisance, for the purpose of this Bylaw, is any condition on or around a
Property that is untidy, unsightly, offensive, dangerous to health and safety of
any person, or has or may have a detrimental impact upon any person or
other property in the neighborhood, or which interferes with the use and
enjoyment of other adjacent property, and without limiting the generality of the
foregoing includes the following:
a) trees or shrubs that interfere with driver visibility, civic works or any public
utilities;
b) dense or opaque dust emitted into the atmosphere;
c) compost heaps that emit foul odors or attract pests or vermin;
d) the storage or accumulation of dilapidated or derelict vehicles or the
storage of more than two (2) unregistered motor vehicles on any one
residential property regardless of their condition or how neatly they might
be stored, except for motor vehicles that are being stored in a permitted
accessory building or a temporary structure with approved municipal
permits;
e) wrecked, inoperable or dismantled vehicles, or those that are unsightly
and abandoned;
f)
no person shall park a vehicle or recreational vehicle on private property
within one (1) metre of a sidewalk;
g) no person shall park a motor vehicle or recreational vehicle in the front
living space or yard of a residential property, except on an approved
driveway. Failure to comply with this section shall result in the motor
Village of Holden - Bylaw No. 6-2023
Page 4 of 9
vehicle or recreational vehicle being towed at the Registered Owners
expense;
h) any loose materials including garbage and building materials.
4.2
The following sets out the standards by which grass and weeds must be kept:
a) uncut grass or weeds on any parcel of land shall be maintained at a
height not to exceed 15cm (6 inches) in length;
b) property owners are required to maintain the front, rear, side portions and
boulevards adjacent to their Property.
4.3
No property owner shall cause or allow any building, gazebo, patio, structure,
or fence to become an unsightly premise or in a condition where its
appearance or condition is a safety hazard or is detrimental to the
surrounding area.
4.4
No property owner shall permit the accumulation of piles of dirt, stone, garden
waste, turf, trees, shrubbery, old implements, disassembled or broken
vehicles, inoperable off highway vehicles, scrap iron, lumber, glass, furniture,
appliances, bicycles, lawn mowers, food containers, waste paper or
cardboard on his or her property.
4.5
No property owner shall dump or cause to be dumped any rubbish, garbage,
waste petroleum products (either liquid or solid), or dispose of any material in
an area within the Village except at locations specifically designated by the
Chief Administrative Officer.
4.6
All external utilities, such as natural gas, electrical, water, or other services to
the site of an abandoned building, structure, or excavation shall be shut off.
All disconnected natural gas, electrical, water, or sewer lines shall be properly
secured, capped, and caulked, with cleanout caps soldered into place.
4.7
Property Owners, tenants and agents must prevent the occurrence of, or
immediately remedy, any Nuisance.
5. DANGEROUS BUILDINGS AND STRUCTURES
5.1
The property owner(s), of properties in the Village, shall ensure that any
building(s) in a state of disrepair shall be demolished and removed from the
property; or
5.2
If any building(s) are in a state of disrepair they shall be restored to a useable
and safe condition in accordance with the Building Standards and Codes and
with the required demolition or building permits.
5.3
No property owner shall cause or allow his or her property to be a danger to
public safety through the presence of excavations, structures, materials or
any other hazard or condition posing a risk to public safety.
5.4
If a cleanup notice under this section of the Bylaw is not complied with within
fourteen (14) days of the date of the notice, the Inspector shall have the right
to direct any person to do the work required by the order. The cost of doing
the work required, plus an administration fee (as per Schedule "C"), may be
recovered from the property owner as debt due to the Village of Holden or
such costs may be charged against the property taxes due and owing,
Village of Holden - Bylaw No. 6-2023
Page 5 of 9
pursuant to the Municipal Government Act, R.S.A. 2000, M-26, and
amendments thereto.
6. INSPECTION AND DIRECTION
6.1 Any Inspector may enter any public lands or private property other than a
dwelling or an abode to conduct an inspection within the Village and may
inspect for nuisances.
6.2 After inspection, the Inspector may issue a Notice to Maintain Property
(Schedule "A") which shall specify a deadline for compliance and shall outline
specific instructions to remedy the nuisance.
6.3 The Village must serve the property owner(s) with the "Notice to Maintain
Property", by way of:
a)
delivering it in person to the owner(s);
b)
posting it to the door of a building or in any other conspicuous place on
the property, and is effective on the day of posting;
c)
hand deliver;
d)
via email.
e)
regular mail.
7. PENALTIES
7.1 If the property owner has not complied with the Notice to Maintain
Property by a specified deadline the Inspector, Peace Officer or Chief
Administrative Officer may direct any work to be done to remedy the nuisance,
including the disposition of any materials, and will charge the owner, for all the
costs associated with maintaining the property.
7.2 If the owner fails to pay for the work done under section 7.1, the Village shall
charge the cost against the land as taxes due and recover the cost as taxes.
7.3 The cost of the work done, as stated under section 7.1, is charged in
addition to an Administration Fee, as set out in Schedule "C".
7.4 The Village, or any Inspector who inspects any property under this Bylaw, or
any person who performs any work on behalf of the Village to remedy a
nuisance is not liable for any damages caused by the inspection, the work, or
disposition of any material in order to complete the work set out in the Notice
to Maintain Property.
8. EFFECTIVE DATE
8.1 This bylaw takes effect as of the date of third and final reading and upon such
final passage Bylaw No. 2-2015 shall be repealed.
READ A FIRST TIME this 18th day of September, 2023
READ A SECOND TIME this 18th day of September, 2023
Village of Holden - Bylaw No. 6-2023
Page 6 of 9
READ A THIRD TIME and passed this 18th day of September, 2023
_________________________________
Mayor
_________________________________
Chief Administrative Officer
Village of Holden - Bylaw No. 6-2023
Page 7 of 9
"SCHEDULE A"
NOTICE TO MAINTAIN PROPERTY
To: ______________________________
File#: _____________________
______________________________
Date: _______________________
______________________________
Dear Sir/Madam:
The condition of your property located at ________________________, Lot(s) ______, Block
______, Plan __________, is in question, and you are being issued a form letter regarding
required maintenance.
In order to keep the Village of Holden clean and attractive in accordance with the Community
Standards Bylaw No. 6-2023, the Village is asking your cooperation by keeping the lot(s)
clean. Cleanup may be done by methods outlined in this notice within fourteen (14) days of
the mailing of this letter.
The questioned area regarding your property and a suggested remedy is as follows:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
_____________________________________________
Please give this matter your immediate attention. If you have any questions, contact the
undersigned at (780) 688-3928.
If the work is not completed by ____________________, the Village of Holden will have the
work done by a contractor at the owner's expense and will be billed to your property tax roll.
Along with the contractor's bill, an Administrative fee of $50.00 per lot will apply as
per Schedule "C".
Sincerely,
______________________________
Municipal Enforcement Services
4810-50 Street
Box 357
Holden, AB T0B 2C0
Ph : 780-688-.928
Fax : 780-688-2091
Email: [email protected]
www.village.holden.ab.ca
Village of Holden
"Share the Charm of Country
Village of Holden - Bylaw No. 6-2023
Page 8 of 9
"SCHEDULE B"
NOTICE OF ENTRY
To: ______________________________
File#:_________________________
______________________________
Date: _________________________
______________________________
Dear Sir/Madam:
In accordance with Section 542 of the Municipal Government Act, you are hereby notified
that an Inspector, Bylaw Officer or Peace Officer or other Village employee will be entering
onto the property (land only) located at
____________________________________, Holden, AB
Lot(s) ________, Block __________, Plan __________
on Date: ____________________ to take remedial action.
In accordance with the Village of Holden's Community Standards Bylaw No. 6-2023, all
costs incurred for any remedial action, including a $50.00 administration fee per lot as per
Schedule "C", will be the responsibility of the property owner and will be added to the tax roll.
Please give this matter your immediate attention. If you have any questions, contact the
undersigned at (780) 688-3928.
Sincerely,
__________________________
Municipal Enforcement Services
4810-50 Street
Box 357
Holden, AB T0B 2C0
Ph : 780-688-.928
Fax : 780-688-2091
Email: [email protected]
www.village.holden.ab.ca
Village of Holden
"Share the Charm of Country
Village of Holden - Bylaw No. 6-2023
Page 9 of 9
SCHEDULE "C"
Fees
SECTION
AMOUNT
EFFECTIVE DATE
5.4 and 7.1 - Charge for remedy of
unsightly conditions
Minimum $50.00 Date of passing of Bylaw
No. 6-2023
7.3 - Administration fee for every lot
requiring enforcement of Bylaw No.
6-2023
$50.00
Date of passing of Bylaw
No. 6-2023