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1
DISCLAIMER:
The following consolidation is an
electronic reproduction made available
for information and ease of access only. It
is not an official version of the Bylaw.
Copies of official versions and
amendments can be requested from the
City Clerk's Office by calling 403-320-4741
BYLAW 5630
DATE OF CONSOLIDATION: June 2, 2025
Amendment History:
BYLAW 6488
Deletes and replaces Sections 8, 9, 10, 11
2
Bylaw Last Revised: May 27, 2025
Sheet 1 - 5630
Effective: May 27, 2025
Bylaw 6488
THE CONSOLIDATION OF A BYLAW OF THE CITY OF LETHBRIDGE
TO REGULATE UNTIDY AND UNSIGHTLY PROPERTY WITHIN
THE CITY OF LETHBRIDGE
**********************************************************
AUTHORITY
TITLE
DEFINITIONS
WHEREAS the Municipal Government Act, R.S.A. 2000 Chapter M-26.1
as amended, authorizes municipalities to deal with untidy and unsightly
property.
NOW THEREFORE, THE COUNCIL OF THE CITY OF LETHBRIDGE, IN
THE PROVINCE OF ALBERTA, DULY ASSEMBLED, HEREBY ENACTS
AS FOLLOWS:
1.
This Bylaw may be cited as the "Unsightly Property Bylaw".
2.
For the purpose of this Bylaw, the following words mean:
(1) "Act" means the Municipal Government Act, R.S.A 2000, c M-
26.1 as amended
(2) "City" means the Municipal Corporation of the City of
Lethbridge
(3) "Council" means the Municipal Council of the City
(4) "Derelict Vehicle" means a motor vehicle as defined in the
Traffic Safety R.S.A. 2000, c T-6 as amended and which is
dilapidated, partially or completely dismantled, or not capable of
operating under its own power
(5) "Designated Officer" means a bylaw enforcement officer, peace
officer, police constable or any other official appointed by the
City to enforce this bylaw
(6) "Direction" means a written direction in accordance with section
4 of this Bylaw
(7) "Motor Vehicle" means a vehicle as defined in the Traffic Safety
Act R.S.A 2000, c T-6 as amended
3
DEFINITIONS
Cont'd.
UNTIDY OR
UNSIGHTLY
LAND OR
PREMISES
Sheet 2 - 5630
(8) "Order" means a written order in accordance with section
546(1)(c ) of the Act
(9) "Owner" means
(a)
in respect of land, the person who is registered under
the Land Titles Act R.S.A 2000 c L-4 as amended as
the owner of fee simple estate in the land, and
(b)
in respect of property other than land, the person in
lawful possession of it
(10) "Property" means
(a)
a parcel of land
(b)
an improvement
(c)
a parcel of land and the improvement to it
(11) "Unsightly Property" means property as described in section 3
of this bylaw
(12) "Municipal Tag" means a ticket alleging an offence, issued
pursuant to the authority of a bylaw of the City
(13) "Violation Ticket" has the same meaning as in the Provincial
Offences Procedure Act R.S.A. 2000, c 34 as amended
3.
(1)
Unsightly Property is property that in the opinion of a
Designated Officer is not in keeping with the surrounding properties
within a one block radius, of similar zoning under The Land Use
Bylaw of the City and which is detrimental to the surrounding area
because of its unsightly condition
(2) Some factors which may be considered by a Designated Officer
in determining whether property is unsightly include the following:
(a)
The presence of a derelict vehicle
(b)
The external storage of more than one intact,
operable unregistered motor vehicle
(c)
The storage or accumulation of garbage, litter,
refuse(including but not limited to building materials,
tires, boxes, scrap material), equipment dilapidated
4
NOTICE BY
BUILDING
INSPECTOR
SERVING OF
NOTICE
Sheet 3 - 5630
furniture, or appliances, machinery, machinery parts
or other similar materials or items.
(3) Subsection (2) is not intended to be an exhaustive list of factors
which may be considered in determining whether property is
Unsightly Property
4.
If a Designated Officer forms the opinion that property is Unsightly
Property, the Designated Officer may issue a written direction to the
owner or occupier of the property. The direction may require the
owner or occupier of the Unsightly Property to improve the
appearance of the property in the manner specified and shall state
a time within which the person must comply with the direction.
5.
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
section 546(1)( c ) of the Act.
6.
The written order or written direction, given by the Designated
Officer, shall be deemed to have been duly served on the person or
persons to whom it is addressed by:
(a)
Personally delivering the order or direction to the person or
persons to whom it is addressed;
(b)
Leaving the order or direction with a person apparently over
the age of eighteen (18) years at the residence of the person
or persons to whom the order is addressed;
(c)
By sending the order or direction by registered mail to the
last known postal address of the person or persons to whom
it is addressed; or
(d)
Posting the order or direction in a conspicuous place on the
property referred to in the order or direction or on any
buildings or erections where the Designated Officer has
reason to believe the person or persons to whom the order
or direction is addressed is evading service
7.
If an order has been issued, the city may take whatever actions or
measures are necessary to:
5
COSTS TO
REMEDY
SITUATION
OWNER
APPEARING
BEFORE
COUNCIL
MEANS OF
APPEAL
INSPECTION
Sheet 5 - 5630
(a)
Deal with the unsightly condition of property in accordance
with section 550 of the Act, and
(b)
Collect any unpaid costs and expenses of the actions or
measures taken by the City in accordance with the Act,
which includes adding unpaid costs and expenses to the tax
role of the property
The costs and expenses of the actions or measures taken by the
City are charged in addition to any penalty imposed under this
Bylaw.
8.
The Community Requirements Appeal Board may review an order
in accordance with section 547 of the Act.
Bylaw 6488 - May 27, 2025
9.
A person who received an order may request that the Community
Requirements Appeal Board review the order by written notice filed
within seven (7) days of receipt of the order, to the Office of the City
Clerk at the following address:
Office of the City Clerk
Second Floor, City Hall
910 4 Ave S
Lethbridge AB T1J 0P6
Bylaw 6488 - May 27, 2025
10.
After reviewing the order the Community Requirements Appeal
Board may confirm, vary, substitute or cancel the order in
accordance with section 547(2) of the Act.
Bylaw 6488 - May 27, 2025
11.
A person affected by the decision of the Community Requirements
Appeal Board under section 10 of this bylaw may appeal to the
Court of King's Bench within fifteen (15) days after the date of the
decision in accordance with section 548 of the Act.
Bylaw 6488 - May 27, 2025
12.
A Designated Officer may inspect property in accordance with
section 542 of the Act for the purpose of determining whether:
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PENALTIES
Sheet 5 - 5630
(a)
Property is Unsightly Property under this bylaw
(b)
Property, because of its unsightly condition, is detrimental to
the surrounding area in accordance with section 546 of the
Act
(c)
There has been compliance with a direction issued under
section 4 of this bylaw, or
(d)
There has been compliance with an order issued in
accordance with section 546(1)(c) of the Act
13.
A person who fails to comply with:
(a)
A direction issued in accordance with section 4 of this bylaw,
or
(b)
An order issued in accordance with section 546(1)( c ) of the
Act is guilty of an offence
14. (a)
Where a Designated Officer believes on reasonable and
probable grounds that an offence has been committed under section
13 of this bylaw, he may serve upon such persons a Municipal Tag,
or he may commence proceedings by issuing a summons by means
of a Violation Ticket in accordance with the Provincial Offences
Procedure Act R.S.A. 2000, Chapter 34 as amended.
(b)
The specified penalty shall be $300.00
(c)
Upon production of any such Municipal Tag or Violation
Ticket within twenty-one (21) days from the date of service of such
notice, together with the payment of the sum specified to a person
authorized by the City or Province of Alberta to receive such
payment, an official receipt for such payment shall be issued and
subject to the provisions of this section such payment shall be
accepted in lieu of prosecution. If the person upon whom any such
notice or ticket is served fails to pay the said sum within the time
allotted , the provisions of this section shall no longer apply
15.
Any Person who contravenes any provision of the Bylaw is guilty of
an offence and is liable on summary conviction to a fine of not more
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Sheet 6 - 5630
than ten thousand ($10,000.00) dollars and in default of payment is
liable to imprisonment for a term not exceeding six (6) months.
16.
It is the intention of Council that each separate provision of this
Bylaw shall be deemed independent of all other provisions herein
and it is further the intention of Council that if any provisions of this
Bylaw be declared invalid all other provisions thereof shall remain
valid and enforceable.
17.
Bylaw 3193 and amendments are hereby repealed.
READ A 1ST TIME THIS 11TH DAY OF JANUARY, 2010.
READ A 2ND TIME THIS 25TH DAY OF JANUARY, 2010.
READ A 3RD TIME THIS 25TH DAY OF JANUARY, 2010.
R. TARLECK (Sgd).
Mayor
D. NEMETH (Sgd).
City Clerk