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BYLAW 7:2012
TABLE OF CONTENTS
Section I - TITLE
Section 2 - DEFINITIONS
Section 3 - GENERAL
Section 4 - PROPERTIES - LTNSIGHTLY
Section 5 -NUISANCES ESCAPING PROPERTY
Section 6 -NOISE
Section 7 - SPITTING/URINATING
Section 8 -ADDRESSING
Section9-BULLYING.
Section 10 - CURI'EW ...
Section I I - SIDEWALK CLEARING
Section 12 - ADMINISTRATION & ENFORCEMENT
Section 13 - VIOLATION TICKETS AND PENALTIES
Section 14 - GENERAL PENALTY PROVISIONS ..
Section 15 - REPEALS AND COMMENCEMENT ..
Schedule "A"
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BYLAW 7t2012
BEING A BYLAW OF THE TOWN OF IRRICAIIA WITH A PURPOSE OF
ESTABLISHING AND ENFORCING THE COMMUNITY STAI\DARDS FOR
PROPERTY WITIIIN THE TOWN OF IRRICAIIA.
WIIEREAS under the authority and subject to the provisions of the Municipal
Government Act, (RSA 2000, Chapter M-26) and amendments thereto, Council may pass
Bylaws establishing the standards for the maintenance and occupancy of property and
prohibit the use of property that does not conform to the prescribed standards; and
WHEREAS under the authority and subject to the provisions of the Municipal
Government Act, Council may pass Bylaws preventing and compelling the abatement of
nuisances generally, and regulating untidy and unsightly premises; and
WHEREAS Council wishes to improve the safety and beauty of Irricana through the
regulation of nuisances that would benefit the municipality overall; and
WHEREAS the Municipal Government Act authorizes a municipality to pass Bylaws
regarding the remedying of contraventions of bylaws; and
WHEREAS it is desirable for regulations affecting the community standards of property
within Irricana to be located, as much as possible, in one bylaw;
NOW THEREFORE, the Council of the Town of Irricana, in the Province of
Alberta, enacts as follows:
SECTION 1 - TITLE
l.l
This Bylaw may be cited as the "Community Standards Bylaw".
SECTION 2 _ DEFINITIONS
2.1 In this Bylaw:
a) "Appeal Board" means the Town of Irricana Council
b) "Approved" means acceptable to the Appeal Board or Designated
Officer, or his designate;
c) "Art Mural" means a mural for a designated surface and location that
has been deliberately placed and implemented for the purpose of
beautifying the specific location;
d) "CAO" means the Chief Administrative Officer or designate;
e) "Construction" means the temporary process of demolishing or
building any structure, or repairing or improving a building that already
exists, including landscaping, home repair, property improvement and any
work in connection with that process;
f) "Council" means the Municipal Council of the Town of Irricana.
g) "Day-time" means the period
i) beginningatT:00 a.m. (0700 hours) and ending at l0:00 p.m.
(2200 hours) of the same day on Weekdays; or
ii) beginning at 9:00 p.m. (0900 hours) and ending at l0:00 p.m.
(2200 hours) of the same day on a Weekend;
h) "Designated Officer" means a person appointed to a position
established under the Municipal Government Act;
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i) "Development Permit" means a document issued by the Town,
authorizing a development pursuant to the Land Use Bylaw, and includes
plans and conditions of approval;
j) "Good Repair" means maintaining the condition of an object or
structure such that it does not become derelict, untidy, unsightly or
dangerous and such that the object or structure can continue to be used in
the means that it was originally intended;
k) "Graffiti" means one or more letters, symbols, figures, etchings,
scratches, inscriptions, stains or other markings or thing that disfigure
however affixed on the structure or thing, but for greater certainty, does
not include an art mural;
l) "Highway" means highway defined inthe Trffic Safety
Act, RSA 2000, Chapter T-6 as amended.
m) "Municipal Ticket" means a ticket alleging an offence issued pursuant
to the authority of a bylaw of the Town;
n) "Non-residential" means the use or occupancy of a building or land or
part thereoffor any purpose other than residential;
o) 'Nuisance" for the purpose of this Bylaw includes any use of or
activity upon any property which is offensive to any Persono or has or may
have a detrimental impact upon any person or other property in the
neighbourhood.
p) "Occupant" means the owner of any premises who resides or carries on
any kind of business therein or any person or Corporation residing therein
or carrying on business therein as a lessee or the owner or pursuant to a
License of Occupation granted by the owner or the owner of any vacant
premises;
q) "Owner" means the person(s) listed on the title of a parcel of land at
the Land Titles Office or in the case of a vehicle, the person registered as
the vehicle owner with the Driver and Motor Vehicle Registry;
r) "Peace Officer" means a member of the Royal Canadian Mounted
Police, a Peace Officer, and a Bylaw Enforcement Officer.
s) "Person" shall mean and includes a corporation, other legal entities
and an individual having charge or control of a Premises.
t) "Premises" means the external surfaces of all buildings and the whole
or part of any land, including land immediately adjacent to any building or
buildings, situated in whole or in part within the Town and includes any
land or buildings owned or leased by the Town;
u) "Public Place" means a place to which the public have or are permitted
to have access including:
i) Municipally owned or leased real property, and without
restricting the generality of the forgoing, includes streets,
sidewalks, lanes, parks and recreation areas, and;
ii) privately owned or leased real property, upon complaint only
by the owner or tenant, and without restricting the generality of the
foregoing includes places of business.
v) "standards" means the standards set out in this bylaw;
w) "Town" means the Town of Irricana.
x) "Unsightly" means unpleasant or offensive to look at.
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y) "Untidy" means disorderly and unorganized.
z) "Violation Tag" means a ticket alleging an offence issued pursuant to
the authority of a bylaw of the Town;
aa) "Violation Ticket" has the same meaning as inthe Provincial Offenses
Procedures Act;
bb) "Yard Material" shall mean any waste material of an organic nature
formed as a result of gardening, horticultural pursuits, or agdcultural
activities including grass, tree and hedge cuttings, waste sod and
decomposing plants, leaves and weeds.
SECTION 3 - GENERAL
3.1 The owner of any real property, as registered on title at the Land Titles Office is
ultimately responsible for all activities on the property which 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 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.
SECTION 4 _ PROPERTIES- UNSIGHTLY
4.1
No Owner or owners of Premises shall cause, allow or permit the Premise to
become or to continue to be Unsightly or Untidy as defined in this bylaw.
4.2
No person shall dump or cause to be dumped any rubbish, garbage, waste, either
solid or liquid, petroleum products, industrial or commercial waste products or
by-products or to dispose of any material whatsoever in, about, near, or upon any
Premises within the Town except at such place or places specifically designated
by Council and in such a manner as may be prescribed from time to time.
4.3 All Premises shall be kept free of animal feces, debris and/or rubbish
Trees, plant and vegetation shall be maintained in a healthy and vigorous state of
growth, and so as to not become unsightly, unsafe or a nuisance to neighboring
properties.
4.5
No person and/or Owner of any residential Premises shall allow on the Premises
the accumulation of building materials, whether new or used, unless that person or
Owner can establish that a Construction or renovation undertaking is being
carried out on the Premises and that:
a) the project has begun or the beginning of work is within thirty (30) days;
b) the materials found on the Premises relates to the project taking place on the
Premises in a quantity reasonable to complete the project; and
c) the work on the project has not been suspended for a period in excess ofone
hundred and twenty (120) days.
4.6
A person and/or Owner of Premises shall ensure that all building materials stored
on a Premises, that are not in contravention of Section 5.6, are stacked or stored in
an orderly manner;
It shall not be an offense of this bylaw to store a small amount of neatly stacked
material on a Premise for basic property maintenance.
4.4
4.7
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4.8
4.9
4.16
Any vehicle, automobile parts or mechanical equipment or object on any Non-
Residential land which is in a wrecked or dismantled condition shall be removed
from the land, unless a storage area is defined and enclosed with an approved
fence and visually screened which prevents the object(s) from being viewed from
any neighbouring or public areas, to the satisfaction of the Designated Officer.
Any outdoor storage area on Non-residential land shall not be permitted unless the
outdoor storage area is the subject of an approved Development Permit and is
visually screened to the satisfaction of the Designated Officer.
4.10 All Residential Premises shall be kept free of any vehicle, trailer, or object which
is in a wrecked, discarded, or in abandoned condition.
4.ll A person being the owner, lessee, tenant, agent, manager, or occupant of any
residential land or Premises within the Town shall allow a dilapidated vehicle to
remain on the aforementioned land or Premises provided that:
a) the vehicle is contained within a structure, approved under the Land Use
Bylaw for the Town, which prevents it from being viewed from any neighbouring
property or public area.
b) the vehicle is covered by a tarpaulin or other device acceptable to the Chief
Administrative Officer which prevents it being viewed from any neighbouring
property or public area.
4.12 No owner or occupier of a Premise shall allow a refrigerator or freezer to remain
outside on the Premises without first ensuringthat the hinges and latches, or lid or
doors of the unit have been removed.
4.13 No owner or occupier of a Premise shall allow any appliance to remain on the
Premises such that the appliance is visible to a person viewing form outside the
property.
4.14 Any structure shall be kept in good repair and shall be free from health and fire
hazards.
4.15 Every person and/or owner of a Premises shall ensure the following areas are
maintained in Good Repair;
a) Fences and their structural members;
b) Structures and their structural members, including:
i) foundations and foundation walls;
ii) exterior walls and their components;
iii) roofs;
iv) windows and their casings;
v) doors and their frames;
c) protective or decorative finishes ofall exterior surfaces or a structure or fence,
and
d) exterior stairs, landings, porches, balconies and decks.
In the event that an owner neglects to repair or maintain damaged or deteriorating
fencing, the Town may require the owner of the subject Premises to repair,
rehabilitate or replace their portion of the fence through the enforcement of this
bylaw.
4.17 Once any rear-yard to rear-yard fence has been constructed by a subdivision
developer to the Town's satisfaction, it shall become the property of the lot or lots
upon which it is situated, and maintenance shall be the responsibility of the
respective property owner.
4.18 No person shall create or apply Graffiti
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4.19 A Designated Officer that finds Graffiti displayed as indicated in this section may
give written Notice to the owner or occupant of the structure to remedy the
condition within a reasonable time period specified in the notice.
4.20 If a building normally intended for human habitation is unoccupied, then any
door, opening or window opening in the building should be securely closed or
may be covered with a solid piece of wood to prevent any unauthorized entry into
the building.
4.21 No Person and /or Owner of a Premises shall allow an excavation, drain, ditch or
other depression in the ground to become or remain a danger to public safety.
SECTION 5 - NUISAIICES ESCAPING PROPERTY
5.1
Whether a thing or activity annoys or disturbs a Person or otherwise
constitutes a nuisance is a question of fact to be determined by a Court hearing a
prosecution pursuant to this part of the Bylaw.
5.2
In making a determination with respect to an offence under this section a Court
may take into consideration any or all of the following factors:
a) the frequency of the activity;
b) the intensity and duration of the activity;
c) the time of day or season;
d) the nature of the surrounding area;
e) the effect of the thing or activity on a complainant or complainants; and
f; the effect of the thing or activity on the surrounding area.
5.3
No owner or occupier of a Premises shall allow a flow of water from a hose or
rainwater downspout or similar device on the Premises to be directed towards an
adjacent Premises if it is likely that the water from the device will enter the
adjacent Premises.
5.4
No person shall alter surface elevations or surface grades of any land such that it
may cause or have potential to cause a nuisance, hazard or damage to an adjacent
property.
5.5
A Person shall not engage in any activity that is likely to allow smoke, dust or
other airborne matter that may disturb any other Person to escape the Premises
without taking reasonable precautions to ensure that the smoke, dust or other
airborne matter des not escape the Premises.
5.6
No owner or occupier of a Premises shall allow an outdoor light to shine
directly into the living or sleeping areas of an adjacent dwelling house.
5.7
No Person shall deposit commercial flyers on a Premises where signs or notices
have been posted and are clearly visible at the entrance to a dwelling unit,
indicating that such material is not wanted.
5.8
No owner or occupier of a Premises shall fail to maintain grass or grasses on the
Premises to exceed a height of twenty (20) centimeters.
5.9
No owner or occupier of a Premises shall fail to destroy restricted weeds, control
noxious weeds, or prevent the spread or scattering of nuisance weeds pursuant to
the Weed Control Act, RSA 2010 and amendments thereto.
SECTION 6 - NOISE
6.1 In this Section the following definitions apply, unless the context otherwise
requires:
a)"Court" means the Provincial Court of Alberta;
b)"Daytime" means the period:
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i) beginning at 7:00 A.M. and ending at 10:00 P.M. of the same
day on weekdays and;
ii) beginning at 8:00 A.M. and ending at 10:00 P.M. of the same
day on a weekend;
c) o'Emergency Vehicle" has the same meaning as in the Traffic Safety Act
RSA 2000 Chapter T-6;
d) "Garbage Trucko' means any Vehicle equipped for transporting refuse
or any Vehicle equipped to load, unload, and transport containers for
handling refuse;
e) "Holiday" has the same meaning as in the Interpretation Act, RSA 2000
Chapter I-8, as amended or replaced from time to time;
f) "Motorized Power Tool" means any tool or implement that is powered
by an electric or internal combustion motor, or compressed air, including
snow blowers, lawn mowers and motorized garden tools.
g) "Municipal Government Act means the Municipal Government Act,
RSA 2000 c-M.26, as amended or replaced from time to time;
h) 'Night-time" means the period beginning at 10:01 P.M. and ending the
following day at:
i) 6:59 A.M. if the following day is a weekday; or
ii) 7:59 A.M. if the following day is a weekend;
i)'Noise" means any sound that annoys, aggravates, endangers or disturbs
humans or animals, or which detracts from the comfort, peace, or repose
of humans, including any loud music or outcry, clamour, shouting, or any
other sound that is loud, harsh or otherwise undesirable;
j) "Outdoor Public Event" means an outdoor concert, sporting event,
festival, affraction or similar event, whether held on private or public
property, to which the public-at-large is invited or admitted, with or
without charge;
k) "Provincial Offences Procedure Act" means the Provincial Offences
Procedure Act, RSA 2000 c. P-34, and the regulations thereof, as amended
or replaced from time to time;
l) "Residential Building" means a structure used as a residence containing
one or more dwelling units, including a house, multi-family dwelling,
apartment building, hospital, lodging house, hotel, motel, mobile home,
tent, trailer, motor home, camper or recreational vehicle of any type;
m) "Residential Development" means any land defined as such in the
Land Use Bylaw;
n) "signaling Device" means any device that produces an audible sound
used for the purpose of drawing a person's attention, including a hom,
Bong, bell, klaxon or public address system;
o) "speaker System" means any sound amplification device that converts
electrical impulses into sound, whether the device is independent or
incorporated into a radio, stereo, television, computer, or public address
system, including any such device located in a building, vehicle, or
portable self-contained unit;
p) "Tractor-Trailer" means the combination of a Truck-Tractor and a
Trailer as those terms are defined in the Traffic Safety Act;
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q) Traffic Safety Act" means the Traffic Safety Act, RSA 2000, Chapter
T-6, as amended or replaced from time to time;
r) "Truck" means any Vehicle that has a gross vehicle weight in excess of
5500 kilograms but does not include a concrete-mixer, Tractor-Trailer, or
Garbage Truck;
s) "Vehicle" has the same meaning as in the Trafhc Safetv Act;
t) "Weekday" means Monday through Saturday, inclusive, with the
exception of any holidays;
u) "Weekend" means Sunday and any other holiday
6.2 No Person shall in either the Daytime or the Night-time:
a) make, continue, cause, or allow to be made or continued any excessive,
unnecessary? or unusual Noise of any type; or
b) allow or permit any real or personal property that is owned, occupied or
controlled by that Person to be used in a way that allows excessive,
unnecessary, or unusual Noise of any type to emanate from such property;
or
c) operate, allow or permit the operation of a Speaker System of any type
at an unnecessarily loud volume, thereby creating excessive Noise.
d) operate, allow or permit the operation of any equipment, machinery,
appliances or mechanical devices, thereby creating excessive Noise.
Whether or not a particular sound complained of constitutes a Noise, or is an
"excessive, unnecessary or unusual Noise" are questions of fact to be determined
by a Court hearing a prosecution pursuant to the provisions of this bylaw.
6.3
6.4
When making the determination as to whether a particular sound constitutes an
"excessive, unnecessary or unusual Noise" the Court shall consider any
admissible evidence as to:
a) the time of the disturbance complained of and whether it was during the
Daytime or the Night-time;
b) the location of the disturbance and whether or not the disturbance
occurred in a Residential Development;
c) the duration and nature ofthe disturbance;
d) any other circumstances or factors relating to the disturbance which the
Court deems are relevant to the said determination.
Where a business, commercial or agricultural or industrial activity otherwise
lawfully permitted at a location within the Town necessarily involves the creation
of Noise, as defined by this Bylaw:
a) the Person owning, operating, or controlling the activity; or
b) the Person owning or controlling the property upon or within which the
activity is allowed to take place
shall take all reasonable steps to ensure that the Noise created by the said activity
is minimized as much as practicable, in all the circumstances.
Whether or not an activity referred to in Section 7.5 of this Bylaw oonecessarily"
involves the creation of Noise, and whether or not the Person controlling the said
activity has taken "all the reasonable steps" to minimize such Noise are questions
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6.5
6.6
of fact to be determined by a Court hearing a
Bylaw.
prosecution pursuant to this
6.7 No Person shall operate, allow or permit the operation of:
a) a Motorized Power Tool outside of any building or structure;
b) a model aircraft, boat, vehicle, or similar device that is powered by an
internal combustion engine; or
c) a Signaling Device of any kind, including a vehicle horn,
in a Residential Development in the Nighttime
6.8
No Person who owns, operates or controls a Truck-Tractor or Tractor-Trailer shall
allow such vehicle to remain running for a period in excess of 20 minutes when it
s stationary within a Residential Development.
6.9 No Person shall carry ono allow or permit the carrying on of construction outside
of any building or structure within a Residential Development in the Nighttime.
6.10 No Person who owns, operates or controls a vehicle equipped with engine retarder
brakes shall allow such brakes to be engaged in any area within the Town limits.
6.11 No Person who owns, operates or controls a Truck, concrete mixer, Tractor-
Trailer or Garbage Truck shall allow or permit such vehicle to be loaded or
unloaded within a Residential Development during the Nighttime.
6.12 No Person who owns, operates or controls a vehicle equipped with an audible
alarm system shall allow such system to be activated repeatedly or excessively,
whether such activation is due to system malfunction, improper installation or
setting, or any other reason.
6.13 No Person who owns, operates or controls a vehicle equipped with a stereo, boom
box or other amplified speaker system shall allow such system to be activated
repeatedly or excessively.
6.14 No Person who owns, operates or controls a vehicle shall allow the engine of the
vehicle to be raced or otherwise operated so as to cause excessive and
unnecessary Noise.
6.15 Notwithstanding other provisions in the bylaw, the Town may, upon written
application, grant permission to extend the hours of Nighttime during which
amplification equipment may be used at an outdoor public event.
6.16 In exercising its authority pursuant to Section 15, the Town may grant its
permission with or without conditions.
6.17 That permission will be in the form of an "Outdoor Public Events License"
6.18 Thatthe "Outdoor Public Events License" be attached to this Bylaw as Schedule
"At'.
6.19 That should the event be held at "Founders Park" that the permission obtained
from the Town for extension of hours may be used at the event to extend the
hours of "Quiet Time" as defined The Parks Control Bylaw.
6.20 The provisions of this bylaw do not apply to:
a) Emergency Vehicles;
b) construction activities and related Noise during the daytime;
c) work performed in relation to a highway or public utility by the owner
or operator of the public utility, or its contractors;
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d) the aeronautical related activities of any airports located within or
nearby the Town;
e) any activity within the sole jurisdiction of the Government of Canada or
the Province of Alberta.
6.21 The provisions of this Bylaw must not be interpreted to prevent:
a) the ringing of bells in churches, religious establishments, and schools;
b) the use of Signaling Devices on Vehicles in their normal operation for
the purpose of giving warnings to other drivers or pedestrians;
c) the sounding of any alarm or waming to announce a fire or other
emergency;
d) work carried on by the Town or by a contractor carrying out the
instructions of the Town to meet an emergency;
e) the playing of a band or other activities relating to a lawful parade or
public demonstration.
SECTION 7 _ SPITTING/URINATING
7.1 No Person shall urinate or deposit any human waste in any public place or in any
place to which the public is allowed access, other than a public washroom.
7.2
No Person shall spit at any person or on any public or private property that they
do not own.
SECTION 8 _ ADDRESSING
8.1 All owners or occupiers of a Premises are to display the numbers assigned to their
land, building, units or sub-units.
SECTION 9 . BULLYING
9.1 No Person shall bully any person in any public place
9.2
No Person shall participate in or encourage by verbal or public means in the
bullying of any person in any public place.
SECTION 10 - CURFEW
10.1 No child fifteen (15) years of age or under who is unaccompanied by a parent or
guardian shall be in any public place between the hours of 11:00 p.m. and 6:00
a.m.
10.2 That a child to whom the Bylaw applies who is found in a public place during the
hours so fixed, may be verbally warned to go home by a Peace Officer and if after
the waming the child refuses or fails to go home, he may be taken to his home or
to a shelter by the Peace Officer.
10.3 Any parent or guardian who permits a child to contravene this Bylaw is guilty of
an offence and liable upon summary conviction as indicated in Schedule "A"
attached to this Bylaw.
SECTION 11_ SIDEWALK CLEARING
ll.l
The Owner or occupant of a Premises adjacent to a sidewalk that runs in front or
back or along side of the Premises where:
a) such sidewalk runs parallel to and directly adjacent to a Highway; or
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b) such sidewalk runs parallel to and adjacent to a street, where the
sidewalk and street are separated only by a grassed or otherwise surfaced
boulevard;
shall remove all snow, ice, dirt and other obstructions from sidewalks
within twenty-four (24) hours.
11.2 The Town is hereby authorized to provide for the clearing of sidewalks adjacent
to a Premises where snow, ice or debris has not been cleared within twentt' feur
t{V1ag-trours and the expenses of such removal shall be charged to the owner or
,occupier.
I 1.3 In the event that that non-payment of expenses for clearing sidewalks by owner or
occupant, the expense will be:
a) in the case of the property owner, added as an amount owing to the
property tax roll to be recovered in a like manner as with other taxes.
b) in the case of a property occupant who is not the registered owner of
the property, collected in a like manner as any other outstanding amount
owing to the municipality.
ll.4 Expenses for clearing sidewalks shall be calculated on a per front-foot basis at a
rate set by resolution of Council.
I 1.5 The Owner or occupant of a Premises adjacent to a sidewalk shall not allow any
hedge, shrub or tree which may overhang from such Premises to interfere with
pedestrian traffic lawfully using such sidewalks.
l2.l The Chief Administrative Officer or
administration of this Bylaw.
designate
are
responsible for the
12.2 A Person who contravenes this Bylaw is guilty of an offense.
12.3 A Person who believes that a contravention to this Bylaw has occurred or
continues to occur must bring their concerns to the attention of the Chief
Admin i strativ e O ffi cer for enforcement purpo se s.
12.4 A Designated Officer may enter into or upon any Land or Building within the
Town, pursuant to authority set out in the Municipal Government Act for the
purpose of ensuring compliance with this Bylaw. The Designated Officer may
from time to time elicit the assistance of a Peace Officer.
NOTICES
12.5 Where any Premises in the Town is deemed to be in contravention of this Bylaw,
the Designated Officer may give Notice in writing.
12.6 Notice shall describe the property by:
a) municipal address or location; and/or
b) legal description;
12.7 Notice shall:
;) state that the Premises fails to comply with the Standards;
b) give reasonable particulars of the repairs, demolition, clearing or other
actions required to be made;
c) state the time within which the repairs, demotion, clearing, or other
actions are to be done;
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d) unless otherwise stated, give not less than seven (7) days notice from
the date of delivery for its compliance with the exception of a Notice
issued under Section l2.l; and
e) state that if the repairs or other actions are not done within the time
specified, the Town may carry out the repairs or other actions required and
charge the cost thereof against the Premises concerned as taxes due and
owing in respect of those Premises.
12.8 A copy of the Notice shall be served upon the Owner or Occupant of the
Premises.
12.9 A Notice given by the Designated Officer pursuant to any of the provisions of this
Bylaw shall be deemed to have been duly given and served on the Person to
whom it is addressed:
a) on the Notice being personally delivered to the Owner/Occupant to
whom it is addressed;
b) on sending it by mail in a prepaid cover addressed to the last known
postal address of the Owner/Occupant to whom the Notice is addressed;
c) on posting the Notice in a conspicuous place on the Land referred to in
the Notice or on a Building or erections thereon, when the Designated
Officer has reason to believe:
i) that the Person to whom the Notice is addressed is evading
service thereof, or
ii) for any reason it is improbable that the Notice will be received
by the Person to whom it is addressed within seven (7) days of the
date of the Notice if it is delivered in any of the ways mentioned in
this Section.
12.10 If, after the day designated for the compliance in any Notice given pursuant to this
Bylaw, the Owner fails to remedy the condition stated in the Notice, the
Designated Officer may determine if there is an infraction and issue a Remedial
Order.
l2.ll A Designated Officer is hereby authorized and empowered to issue a Remedial
Order to any person who the Designated Officer has reasonable and probable
grounds to believe has contravened any provision of this Bylaw.
REMEDIAL ORDERS AND APPEALS
12.12 Every remedial order written with respect to this bylaw must:
a) indicate the person to whom it is directed;
b) identify the property to which the remedial order relates by municipal
address or legal description;
c) the date that it is issued;
d) identify how the Premises fails to comply with this or another bylaw;
e) identify the specific provisions of the Bylaw the Premises contravenes;
f) identifo the nature of the remedial action required to be taken to bring
the Premises into compliance;
g) identifu the time within which the remedial action must be completed;
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h) indicate that if the required remedial action is not completed within the
time specified, the Town may take whatever action or measures are
necessary to remedy the contravention;
i) indicate that the expenses and costs of any action or measures taken by
the Town under this section are an amount owing to the Town by the
person to whom the order is directed;
j) indicate that the expenses and costs referred to in the section may be
attached to the tax roll of the property if such costs are not paid by a
specified time;
k) indicate that an appeal lies from the remedial order to the Appeal
Board, if a notice of appeal is filed in writing with the Town within 14
days of the receipt of the remedial order. .
12.13 Every remedial order written with respect to provisions of another bylaw must
contain the same information as set out in subsection (4.1) as modified as
necessary in the context of that bylaw.
12.14 A remedial order pursuant to this bylaw may be served personally upon the owner
of the Premises to which it relates, or it may be left with a person apparently over
the age of l8 years at the Premises.
12.15 If, in the opinion of a Peace Officer, service of the remedial order cannot be
reasonably affected, or if a Peace Officer believes that the owner of the Premises
is evading service, a Peace Officer may post the remedial order in a conspicuous
place on the Premises to which the remedial order relates, or on the private
dwelling place of the owner of the premises, as registered at the Land Titles
Office or on the municipal tax roll for the Premises, and the remedial order shall
be deemed to be served upon the expiry of three (3) days after the remedial order
is posted.
12.16 Every person who fails to comply with a remedial order issued pursuant to this
bylaw within the time set out in the remedial order commits an offence.
12.17 Appeal of Remedial Orders
a) A person to whom a remedial order is directed may seek a review of
the remedial order by filing an appeal in writing with the Town within
fourteen (14) days of receiving the order issued under the provisions of
Section 545 of the Municipal Government Act and within seven (7) days
of receiving the order issued under Section 546 of the Municipal
Government Act. Appeals will not be granted to the Sidewalk Clearing
Section of this Bylaw.
b) Each Notice of Appeal shall
i) state with reasonable detail, the grounds of appeal:
ii) state the name, address and interest of the appellant in the
Premises;
iii) be in the form determined by the CAO and must be
accompanied by the appropriate fee;
iv) be dated and signed by the appellant or on his behalf by his
agent and, if signed by an agent shall state the name and address of
the agent as well as that of the appellant.
12.18 The Appeal Board shall:
a) hold a hearing within thirty (30) days after receipt of the Notice of
Appeal;
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b) ensure that the notice of the hearing is mailed to the appellant at least
five (5) days prior to the date of the hearing;
c) consider each appeal having due regard to the circumstances and merits
of the case and to this Bylaw;
d) the Appeal Board may confirm, revoke or modify the decision of the
Designated Officer.
12.19 When hearing an appeal, the Appeal Board shall
a) not be bound by the rules of evidence applicable to courts of civil or
criminal j urisdiction;
b) afford to every Person concerned the opportunity to be heard, to submit
evidence ofothers; and
c) make and keep a written record of its proceeding which shall be in the
form of a summary of the evidence presented to it at the hearing.
12.20 In determining an appeal, the Appeal Board:
a) may confirm, revoke or vary the Notice of Appeal; and
b) shall render its decision in writing to the appellant within fifteen (15)
days from the date of decision.
SECTION 13 - VIOLATION TICKETS AT\ID PENALTIES
13.1 Where a Peace Officer or Designated Officer has reasonable grounds to believe
that a Person has violated any provision of this Bylaw, the Officer may commence
Court proceedings against such Person by:
a) issuing the Person a Violation Ticket pursuant to the provisions of Part
2 of the Provincial Offences Procedure Act; or
b) swearing out an information and complaint against the Person.
I3.2 Where a Peace/Designated Officer issues a Person a Violation Ticket in
accordance with Section l4.l of this Bylaw, the Officer may either:
a) allow the Person to pay the specified penalty as provided for the offence
in Schedule "A" of this Bylaw in the Violation Ticket; or
b) require a Court appearance of the Person where the Peace/Designated
Officer believes that such appearance is in the public interest, pursuant to
the provisions of Part 2 of the Provincial Offences Procedure Act.
SECTION 14 - GENERAL PENALTY PROVISIONS
l4.l Any Person who contravenes any provision of this Bylaw is guilty of an offence
and liable on summary conviction to a maximum fine of $10,000 or in default of
payment of the fine to imprisonment for a period not exceeding one year, or to
both fine and imprisonment in such amounts.
14.2 The specified penalties for an offence committed pursuant to this bylaw are set
out in the attached Schedule "A".
14.3 The minimum specified penalty for a violation of this Bylaw is set out in the
attached Schedule "A".
14.4 Notwithstanding Section 15.3 of this Bylaw, if a Person violates the same
provision of this Bylaw twice within a one year period, the minimum and
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specified penalty for the second such violation shall be double the amount set out
in Section 15.3.
SECTION 15 - REPEALS AI\D COMMENCEMENT
15.1 The following bylaws are repealed on the date that his bylaw comes into force
and affect:
a) Bylaw l3:81 Abatement of Nuisance Generally and Regulating Untidy
and Unsightly Premises
b) Bylaw l3:83 Pasteurization of Milk
c) Bylaw 2:84 Curfew
d) Bylaw 6:84 Abatement of Derelict Buildings
e) Bylaw 7:84 Regulation of Nuisances and Unsightly or Untidy Premises
f) Bylaw l4:85 Control Nuisances and Unsightly Property (amendment)
g) Bylaw 13:87 Regulation of Nuisances and Unsightly or Untidy
Premises (amendment)
h) Bylaw 7:90 Curfew (amendment)
i) Bylaw 4:92 Noise Control Bylaw
j) Bylaw 1:93 House Numbers
k) Bylaw 6:95 Clearing of all Sidewalks of Snow, Ice, Dirt and Other
Obstructions
l) Bylaw 6:2007 Unsightly Premises
m) Bylaw 9:2007 Noise Control
15.2 This Bylaw shall come into force and effect upon it receiving Third and Final
Reading and is signed.
Read a first time this Tthday of June,20l2.
Read a second time this 7th day of June, 2012.
Read a third time and passed this lSthday of June,20l2.
MAYOR
OFFICER
AD
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SCHEDULE 66A'"
COMMUhI'ITY STAI\DARDS BYLAW
722012
SCHEDULE OF FINES
$350.00
$350.00
$100.00
$300.00
$200.00
$200.00
$350.00
$350.00
$250.00
$250.00
$250.00
$250.00
$100.00
$200.00
$100.00
$100.00
Properties-Unsightly
Nuisances Escaping Property
Noise
Spitling/U dnating
Addressing
Bullying
Gurfew
Sidewalk Clearing
4.1-4.21
5.1-5.9
6.2-6.21
7.1-7.2
8
9.1-92
10.1-10.3
11.1-11.5
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