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SUMMER VILLAGE OF HORSESHOE BAY
PROVINCE OF ALBERTA
BY-LAW NO. 81/2007
A By-Law of the Summer Village of Horseshoe Bay in the Province of Alberta,
to Regulate Unsightly Property.
WHEREAS, the Municipal Government Act RSA 2000, c M-26 and regulations as
amended, provides that Council may pass by-laws for municipal purposes
respecting the safety, health and welfare of people; the protection of people and
property; nuisances; services provided by or on behalf of the municipality; public
utilities; and the enforcement of bylaws; and
WHEREAS, no Owner or Occupant in control of property, land, premises or
building shall permit, suffer, continue or allow to be continued an unsightly
condition on that property, land, premises or building; and
WHEREAS, Section 546 of the Municipal Government Act RSA 2000, c M-26 and
regulations as amended, authorizes Council to require the owner of the property
that is in an unsightly condition to improve the appearance of the property.
NOW THEREFORE, the Council of the Summer Village of Horseshoe Bay, in the
Province of Alberta, duly assembled, enacts as follows:
Section 1- Title
a)
This Bylaw is cited as "The Unsightly Property By-Law" of the Summer
Village of Horseshoe Bay
Section 2 - Definitions
a)
In this By-Law, unless the context otherwise requires, the word, term or
expression:
"Act" means the Municipal Government Act RSA 2000 c M-26 and
regulations made under the Municipal Government Act as amended.
"By-law Enforcement Officer" means a person appointed to enforce the
provisions of this By-Law, and includes a member of the Royal Canadian
Mounted Police and, when authorized, a Special Constable.
"Council" means the Municipal Council of the Summer Village of Horseshoe
Bay.
"Designated Officer" is defined under Section 210 of the Municipal
Government Act.
"Improvement" means a structure or anything attached or secured to a
structure that would be transferred without special mention by a transfer or
sale of the structure, including but not limited to a manufactured home or
mobile home, or machinery or equipment.
"Occupant" means any person other than the Registered Owner who is in
possession of the Property, including, but not restricted to, a lessee, licensee,
tenant or agent of the Owner.
Page 2
Bylaw 81-2007
"Order" means a document issued by a Designated Officer pursuant to
Section 5 of this By-Law, or Section 545 or Section 546 of the Act, requiring
any Person to take any action necessary to remedy the contravention of this
By-Law or the Act.
"Owner" includes the Person shown as the owner on the Land Title for a
property, the occupant of a premises, the lessee or tenant of a premises, a
property management company which holds itself out as the Person
responsible for the maintenance of a premises, or the owner or operator of a
Commercial Operation, as the case may require;
"Person" means any person, firm, partnership, association, corporation,
company or organization of any kind.
"Property" means a parcel of land; an improvement, or; a parcel of land and
the improvements to it.
"Structure" means a building or other thing erected or placed in, on, over or
under land, whether or not it is so affixed to the land as to become transferred
without special mention by a transfer or sale of the land.
"Unsightly Property" is as described in Section 3 of this By-Law.
Section 3 - Unsightly Property
a)
Unsightly Property is Property that, in the opinion of the Designated Officer, is
detrimental to the surrounding area because of its unsightly condition as
defined at Section 546 of the Act.
b)
Some factors which may be considered by a Designated Officer in
determining whether property is Unsightly Property include the following:
(i)
the presence of uncut grass or weeds;
(ii)
the presence of wrecked or dismantled vehicles, including vehicles that
are inoperable and unregistered;
(iii) the storage or accumulation of waste, litter, refuse (including but not
limited to building materials, tires, boxes, scrap material), equipment,
dilapidated furniture or appliances, machinery, parts or other similar
materials or items;
(iv) specific or general lack of repair or maintenance including but not limited
to:
a.
significant deterioration of improvements or portions of
improvements
b.
broken or missing windows, siding, shingles, shutters, eaves or
other building materials; or,
c.
significant fading, chipping or peeling of painted areas of
improvements;
(v)
the location, zoning, use and visibility of property.
Page 3
Bylaw No.
Section 4 - Inspection
a)
A Designated Officer may inspect Property in accordance with Section 542 of
the Act for the purposes of determining whether:
(i)
property is Unsightly Property under this By-Law because its unsightly
condition is detrimental to the surrounding area in accordance with
Section 546 of the Act;
(ii)
there has been compliance with an Order issued under Section 5 of this
By-Law;
(iii)
there has been compliance with an Order issued in accordance with
subsection 546(1)( c) of the Act.
b)
The Summer Village may apply to the Court of Queen's Bench to authorize
inspection and enforcement in accordance with Section 543 of the Act if a
person refuses to allow or interferes with entry for inspection.
Section 5 - Order
a)
If, in the opinion of a Designated Officer, Property is detrimental to the
surrounding area because of its unsightly condition, the Designated Officer
may issue a written Order in accordance with subsection 546 (1) (c) of the Act
to the Owner or Occupant of the Property to improve the appearance of the
Property in the manner specified within a period of seven (7) days from the
date of the issuance of the Order.
Section 6 - Remedy Unsightly Condition of Property
a)
If an Order has been issued under Section 5 of this By-Law and not complied
with within the time period set out in that Order, the Summer Village of
Horseshoe Bay may take whatever actions or measures are necessary to:
(i)
deal with the unsightly condition of the Property in accordance with
Section 550 of the Act; and
(ii)
collect the expenses and costs of the action or measure taken by the
Village under Section 550 of the Act as an amount owing to the
Village by the Person who was required to do something by the
Order under Section 546 of the Act.
b)
In the event that the amount owing is not paid within sixty (60) days after
mailing of a notice by the Summer Village to the Owner, the unpaid amount
will be added to the tax roll of said parcel of land and will be deemed for all
purposes to be taxes due and owing under Division 2 of Part 10 of the Act.
Page 4
Bylaw No.
Section 7 - Severability
a)
It is the intention of Council that each separate provision of this By-Law shall
be deemed independent of all other provisions herein and it is the further
intention of Council that if any provision of this By-Law is declared invalid, all
other provisions hereof shall remain valid and enforceable.
This By-Law shall come into force and effect upon it being read a third time and
passed.
Read a first time in Council this day of , A.D. 2007.
Read a second time in Council this day of , A.D. 2007.
Read a third time in Council this day of ,A.D. 2007.
_____________________________ _____________________________
Mayor
Administrator
18
Aug.
18
Aug.
18
Aug.
Original signed by: Gary Burns
Original signed by: Darlene Smereka