Community Standards Bylaw No. 661 — full text

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## BYLAW NO. 661 ## A BYLAW OF THE VILLAGE OF LOMOND IN THE PROVINCE OF ALBERTA "COMMUNITY STANDARDS BYLAW" WHEREAS pursuant to Section 7 of the Municipal Government Act, being Chapter M-26 of the Revised Statutes of Alberta, 2000 and amendments thereto, the Council of the Village of Lomond is authorized to pass a Bylaw respecting nuisances, unsightly property; weed control, scavenging and disposal of waste and refuse, maintenance of sidewalks, state of repairs and maintenance of residential and non-residential property, fires and burning regulations, within the Village; and WHEREAS the Council of the Village of Lomond, in the Province of Alberta, deems it necessary to pass such a Bylaw; NOW THEREFORE the Council of the Village of Lomond duly assembled, hereby enacts as follows: ## PART 1 - INTERPRETATION AND DEFINITIONS 1. This Bylaw shall be cited as the "Community Standards Bylaw". ## 2.  - (a) This Bylaw applies to all property within the corporate boundaries of the Village of Lomond. - (b) This Bylaw shall apply to all buildings, dwelling units and land which are now or may become in the future, sub-standard with respect to structure, equipment, facilities, maintenance, light, heating, air, sanitation, electrical and or electronic system, occupancy and protection against fire or chemical hazard, or otherwise may be deemed to affect the safety, health or welfare of their occupants. - (c) No building standard in this Bylaw shall be more restrictive than the building requirements, dealing with the same subject matter, contained in the Alberta Building Code and Regulations. - (d) Any property that does not conform to the prescribed standards of this Bylaw may be required to be repaired and maintained in a manner to comply with such prescribed standards. 3. In this Bylaw, unless the context otherwise requires: - (a) "Act" means the Municipal Government Act; - (b) "Accessory Building" means a detached building situated on the same or lots on which the principal building is located, or is being constructed, and the use of which is normally subordinate and incidental to that of the principle building; - "Animal Material" means any human or animal excrement and the whole or any part of an animal carcass and includes all material accumulated on premises from pet pens, yards, stables, veterinary clinics or hospitals, kennels or feed lots; - "Approved" means acceptable to the Building Inspector, Fire Chief, and/or Bylaw Enforcement Officer, CAO or other officers appointed by Council;  Initials Initials    - (e) "Ashes" means the powdery residue accumulated on premises left after the combustion of any substance and includes any partially burnt substances; - (f) "Building" means any structure used or intended for supporting or sheltering any use or occupation; - (g) Building Material" means all construction and demolition material accumulated on premises arising from the construction, alteration, repair or demolition of any structure and includes, but is not limited to, earth, vegetation or rock displaced during such construction, alteration, repair or demolition; - (h) "Building Refuse (Burnable)" means waste material resulting from the renovation, repair, maintenance or construction of any building or structure and consists of wood or wood products and includes cardboard, paper or other similar material; - (i) "Building Refuse (Non-Burnable) means waste material resulting from the renovation, repair, maintenance or construction of any building or structure that may not be disposed of by burning and shall include plaster board, insulation material, plastic, or other similar materials; - (i) "Business" means any firm, corporation, office building, hotel, motel, public or private institution, retail, wholesale or service outlet; - (k) "Bylaw Appeal Committee Council member; - (1) "Commercial Container" means a metal container supplied by a Contractor or the Vulcan and District Waste Commission; - "Contractor" means the person, firm or corporation hired or appointed by the Council of the Village of Lomond to collect and dispose of any and/or all garbage or refuse referred to in this Bylaw; - (n) "Council" mean the elected officials forming the municipal council of the Village; - (0) "Development Officer" means the Development Officer of the Village of Lomond appointed pursuant to the Land Use Bylaw being the Zoning Bylaw of the Village of Lomond; - (p) "Dry Rubble" means soil, rock, brick, stone, concrete or cinder block, concrete, sand, gravel or other similar material; - (q) "Dwelling" means a building or structure or part of a building or structure occupied or capable of being occupied in whole or in part for the purposes of human habitation and includes the land and premises appurtenant thereto and all out buildings, fences, or erections thereon or therein, - (r) "Enforcement Officer" means: - (i) A bylaw enforcement officer as appointed by the Village of Lomond; - (ii) A Special Constable as appointed under the Police Act; or (ill) member of the Royal Canadian Mounted Police.  BK Initials Initials  - (s) "Fire Pit" includes a permanently affixed outdoor fire receptacle and a portable fire receptacle; - (t) "Fire Place" means an enclosed and permanently affixed outdoor fire receptacle which incorporates a permanently affixed chimney or flue, and is constructed of brick, rock or other masonry; - (u) "Portable Fire Receptacle" means an outdoor fire receptacle which is not permanently affixed; - (v) "Garbage" means material composed of organic matter which is or may become decomposed, including the by-products from the preparation, consumption or storage of - (W) "Garden Refuse" means grass clippings, shrubbery and tree pruning, weeds, trees, turf, earth waste, tree stumps, roots, fruit and vegetable matter; - "Householder" means any owner occupant, tenant, lessee, or any other person inhabiting, or in charge of a dwelling, lodging or boarding house, apartment, row housing, mobile home, duplex or other building or portion thereof; - "Household Container" means a metal or plastic waterproof container of a diameter not less than 40 cm. or more than 60 cm. and of a height not more than 90 cm. or less than 50 cm. weighing no more than 25 kg with a tight fitting lid and handles and tapered so as to be of greater diameter at the top than the bottom; - (2) "Household Garbage Stand" means a structure of a height not exceeding 60 cm. nor less than 20 cm. above ground and constructed in such a manner so as to prevent cans from being overturned and to accommodate seven days garbage or refuse. Such stands shall be placed on private property (not on boulevards or in lanes) in such a position as to be easily accessible to the contractor; - "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, square, bridge, causeway, trestle way or other place, whether publicly or privately owned, any part of which the public is ordinarily entitled or permitted to use for the passage or parking of Vehicles and includes: - (i) a sidewalk (including a boulevard portion thereof); - (ii) where a ditch lies adjacent to and parallel with a roadway, the ditch; and - (iii) where a Highway right of way is contained within fences or between a fence and one side of a roadway all the land between the fences or all the land between the fence and edge of the roadway as the case may be, but does not include a place declared within this Bylaw not to be a Highway; - (bb) "Metal' means car and truck bodies and their parts or components, machinery, household appliances, metal barrels, wire, metal pails, metal sheathing or other similar metal products; - (cc) "Occupant" means a person occupying or exercising control or having the right to occupy or exercise control over Premises, including but not restricted to a lessee, occupant, or agent of ar Owner;   BK Initials Initials Initials  - (dd) "Open Fire" means a fire that is not confined within a non-combustible container or structure; - (ee) "Order" means a written notice of a contravention of this Bylaw directing the actions an Owner or Occupant is to take regarding the contravention; - (ff) "Owner" means a person registered as owner of Premises under the Land Titles Act; - (gg) "Premises" means any land, building, or property, whether real or personal; - (hh) "Public Health Inspector" means a Public Health Inspector appointed by the Village of Lomond or by the Health Region, of which the Village is a member; - (ii) "Refuse" means tin cans, food containers, glass, paper, clothing, plastic or other similar material; - (jj) "Village" means the Village of Lomond; - "Unsightly Premises" means any Premises or part thereof which is detrimental to the surrounding area due to its unsightly condition as characterized by visual evidence of a lack of general maintenance and upkeep by the excessive accumulation on the Premises - (1) any rubbish, refuse, trash, papers, packages, containers, bottles, cans, sewage, dirt, soil, gravel, rocks, sod, petroleum products, hazardous recyclables, substances and wastes as defined in the Environmental Protection and Enhancement Act, household dishes and utensils, boxes, cartons, fabrics or household goods; - (ii) the whole or part of any motor vehicle as defined under the Traffic Safety Act as amended, as well as any tractor or implement of husbandry: - (a) which 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) which is inoperative by reason of disassembly, age or mechanical condition; - (iii) equipment or machinery which has been rendered inoperative by reason of disassembly, age or mechanical condition including household appliances; - (IV) Animal Material, Yard Material, Ashes, Building Material and Garbage; - (v) all forms of waste, refuse and litter; and - (vi) Weeds. - (II) "Violation Ticket" means an offence notice issued by means of a Violation Ticket as described in Part 2 of the Provincial Offences Procedure Act; - (mm) "Weeds" means plants designated as noxious and nuisance weeds as defined in the Weed Control Act, RSA 2000 c W-5 and Alberta Regulation 171/2001, as amended or replaced from time to time.  Initials   - (nn) "Yard" means that portion of a lot or parcel of land contained within the property lines of the lot or parcel of land, building or buildings, and - (oo) "Yard Material" means organic matter formed as a result of gardening or horticultural pursuits and includes sod, grass, tree and hedge cuttings and clippings. ## PART 2 - REMEDIAL ORDERS 4. If an Enforcement Officer considers any Premises to be in contravention of any section of this Bylaw, the Enforcement Officer shall cause a Remedial Order to be served upon the Owner or Occupant of such Premises directing that the Owner or Occupant remedy conditions as on said 5. (1) Service of an Order upon an Owner or Occupant shall be sufficient if it is: 3. (a) personally served upon the Owner or Occupant; or 4. (b) served by mail: 5. (i) to the mailing address of the Premises; and 6. (ii) if the Premises is not occupied by the Owner of the Premises, to the mailing address noted on the Village's tax roll for the Premises; 7. (c) left with a competent person residing with said Owner or Occupant; or 8. (d) posted to the door of the Premises or in any other conspicuous place on the Premises. - 2) Such Order shall be deemed to have been received: 10. (a) five (5) days from the date of mailing; or 11. (b) on the day it is left with a competent person residing with an Owner or Occupant or posted on the Premises. - (3) Each Order shall: 13. (a) describe the Property by its municipal address and legal description; 14. (b) identify the date that it is issued; 15. (c) state how the Premises contravenes the provisions of this Bylaw; 16. (d) give reasonable particulars of the extent of the clean-up, removal, clearing or other actions required to be made; 17. (e) state the time within which the clean-up, removal, clearing or other actions are to be done: 18. (f) state that if the required actions are not done within the time specified, the Village may:(i)carry out the actions required and charge the cost thereof against the Owner or Occupant/or(ii) cause a Violation Ticket to be served upon the Owner or Occupant pursuant to Part 2 of the Provincial Offences Procedure Act;  Initials Initials   - (g) state that an appeal lies from the Order upon the filing of a Notice of Appeal within the time specified in the Order for compliance with the Order, or fourteen (14) days, whichever is less. - (4) An Owner or Occupant served with an Order shall comply with the provisions of the Order or, with the decision of the Bylaw Appeals Committee upon appeal of the Order. 6. An Owner or Occupant served with an Order may comply with the Order by entering into a written agreement within thirty (30) days with the Village of Lomond, for the Village to carry out the actions required by the Order. 7. (1) An Owner or Occupant may appeal an Order issued pursuant to section 6 of this Bylaw by filing a Notice of Appeal. - (2) A Notice of Appeal shall be in writing, be signed by the appellant or by an agent on behalf of the appellant, and shall state; - (a) the date, the name and address of the appellant and the agent, if any; the interest of the appellant in the Premises; - (b) a copy of the Order in respect of which the appeal is being taken; - (c) the legal description of the Premises affected; - (d) the grounds for appeal. - (3) A Notice of Appeal shall be delivered personally or sent by double registered mail to the Village within the time specified in the Order for compliance with the Order, or ten (10) days, whichever is less. - (4) A Notice of Appeal shall be accompanied by a deposit in the amount specified in Schedule "A". - (5) The deposit made under subsection (4) shall be refunded if the appellant is successful in their appeal. 8. The Bylaw Appeal Committee shall hear appeals arising from Orders issued pursuant to this Bylaw. 9. (1) Within fifteen (15) days from the day of receipt of a Notice of Appeal the Bylaw Appeal Committee shall hear and determine the appeal. - (2) The Bylaw Appeal Committee may confirm, rescind, or vary the Order issued. 10. (1) If an Owner or Occupant served with an Order fails to comply with the provisions of the Order, or with the decision of the Bylaw Appeal Committee upon appeal of the Order, within the time fixed by the Order or the Bylaw Appeal Committee, an Enforcement Officer may cause a Violation Ticket to be served upon the Owner or Occupant pursuant to Part 2 of the Provincial Offences Procedure Act. - If an Owner or Occupant served with an Order fails to comply with the provisions of the Order, or with the decision of the Bylaw Appeal Committee upon appeal of the Order, within the time fixed by the Order, the Village may comply with the Order at the expense of the Owner or Occupant served as per section 5(3) (f) (i).   BK Initials Initials  Initials  11. If the expense and cost incurred by the Village pursuant to section 12 of this Bylaw is not paid by said Owner or Occupant, the Village may: 2. (a) recover the expense and cost by action in a court of competent jurisdiction; or 3. (b) charge the expense and cost against property of the Owner served with the Order as taxes due and owing and collectible in the same manner as taxes. 12. 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. ## PART 3 - ENFORCEMENT 13. Upon receiving a complaint or having a reasonable belief that there is a contravention of this By-law, a Development Officer, Fire Chief, Building Inspector, Public Health Inspector, or an Enforcement Officer may enter such Premises in order to inspect the Premises, pursuant to the Municipal Government Act, and shall produce a written or pictorial report pertaining to the complaint or belief and the results of the inspection. 14. (1) Any person who contravenes any provision of the Bylaw by; 3. (a) doing any act or thing which the Person is prohibited from doing; or 4. (b) failing to do any act or thing the Person is required to do; is guilty of an offence. - (2) Any Person who is convicted of an offence pursuant to this Bylaw is liable on summary conviction to a fine not exceeding $10,000.00 and in default of payment of any fine imposed, to a period of imprisonment not exceeding six (6) months. 15. (1) Where an Enforcement Officer believes that a Person has contravened any provisions of the Bylaw, the Enforcement Officer may commence proceedings against the Person by issuing a violation ticket pursuant to the Provincial Offences Procedures Act, RSA 2000 c. P-24. - (2) Where there is a specified penalty listed for an offence in Schedule "A" of this Bylaw, that amount is the specified penalty for the offence. - (3) Where there is a minimum penalty listed for an offence in Schedule "A" of this Bylaw, that amount is the minimum penalty for the offence. - (4) Notwithstanding specified and minimum penalties set out in Schedule "A" to this Bylaw: 10. (a) if a Person is convicted twice of the same provision of this Bylaw within a twelve (12) month period, the minimum penalty for the second conviction shall be the amount specified in Schedule "A" 11. (b) if a Person is convicted three or more times of the same provision of this Bylaw within a 12 month period, the minimum penalty for the third and subsequent convictions shall be double the amount specified in Schedule "A". - (5) This Section shall not prevent any Enforcement Officer from issuing a violation ticket requiring a court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedures Act, RSA 2000 c. P-24, or from laying an order or information in lieu of issuing a violation ticket.   - (6) The levying and payment of any fine or the imprisonment for any period provided in this Bylaw shall not relieve a Person from the necessity of paying any fees, charges or costs from which that Person is liable under the provisions of this Bylaw or any other bylaw. 16. The expense and cost incurred by the Village pursuant to section 12 of this Bylaw may be charged to an Owner or Occupant in addition to any payment made pursuant to section 14 or 15 of this Bylaw. ## PART 4 - PROPERTY MAINTAINACE, UNTIDINESS AND WEED CONTROL 17. The standards, requirements and prohibitions contained in this Part shall apply to residential properties, non-residential properties and vacant lots within residential and nonresidential areas. 2. (1a) All yards and lots shall permit adequate access, and shall be kept clean and free from rubbish, debris, undergrowth and weeds. 3. (1b) A person shall not cause or permit a nuisance to exist on Property they own or occupy. Occupancy will include temporary visitation to someone's property, or tenants renting a property. 4. (1c) A nuisance in this regard means property that has disregard for general maintenance and upkeep, whether or not it is detrimental to the surrounding area, which includes: 5. accumulation of any material that creates unpleasant odors; any material likely to attract pests; any material such as appliances, household goods, boxes, tires, vehicle parts, animal remains, parts of animal remains, or animal feces; 6. (ii) accumulations of any material that is visible to a person viewing from outside the property, such as any appliances, household goods, boxes, tires, vehicle parts, 7. (iii) any loose litter, garbage, or construction debris or refuse when located in a storage area or elsewhere on the land; 8. (iv) damaged, dismantled or derelict motor vehicles or trailers; 9. (v) activities on said property that exhume smoke, dust or other airborne matters that may cause disturbance to others; 10. (vi) any tree, shrub or other type of vegetation that interferes or could interfere with any public work or utility, obstructs the sidewalk adjacent to the property; impairs the visibility required for safe traffic flow; that has any rot or deterioration. 11. (1d) The owner, lessee, tenant or agent of the owner is required to cut the grass and maintain all trees and plants on the boulevard adjoining the property owned or occupied by them, (as defined in the Village of Lomond Land Use Bylaw.) 12. (1e) The owner, lessee, tenant or agent of the owner is required to: 13. (i) remove and clear away all snow and ice from the sidewalks situated on land adjoining the property owned or occupied by them, after snowfall ended; and   Initials Initials  - (il) remove all dirt and other obstructions from the sidewalks situated on land adjoining the property owned or occupied by them. - (1f) The owner, lessee, tenant or agent of the owner is required to control dandelions noxious weeds, grass or plants within their said property as well as one half of the width of the lane or alley adjoining the property owned or occupied by them. - (1g) The owner or occupier of a property shall ensure that all building materials stored or done so in an orderly manner, stacked or stored. - (1h) No owner, lessee, tenant or agent of the owner shall cause or maintain an Unsightly Premises. - (2) Accessory Buildings - (a) Accessory buildings will be kept in good repair and free from hazards which may affect health, cause fires or accidents; and - (b) Where an accessory building, or any building or the land is infested with vermin, insects or rodents, all necessary steps will be taken to eliminate the vermin, insects or rodents in order to prevent their re-infestation. - (3) Exterior Walls and Roofs - (a) Exterior wall finishing and roofs, including facia board, soffit, cornices and flashing will be maintained in a water tight condition and shall be kept neat in uniformity with the aesthetic appearance of the community. - (4) Fences and Accessory Structures (a) All fences, barriers and retaining walls around or upon the property shall be kept in a reasonable state of repair consistent with the aesthetic appearance of the community. - (5) Safe Passage - (a) Steps, sidewalks, driveways, parking spaces, and similar areas will be maintained so as to afford the safe passage under normal use and weather conditions. - (6) Signs - (a) All signs and billboards will be maintained in good repair. Any signs or billboards which are excessively faded, weathered, paint cracked or peeled will be removed, repainted or replaced. ## PART 5 - FIRE ON PREMISES 18. No Person shall burn, cause or allow to be burned, a fire on a Premises that does not comply with the requirements of this Bylaw. 19. All fires must be supervised, and must ensure that the fire never goes unsupervised at any time. Every person who ignites or permits a fire on a property must ensure it is supervised.  BK Initials   20. (1) No Person shall burn, at any time, on any Premises, the following materials: 2. (a) treated or painted lumber; 3. (b) lumber products containing glue or resin; 4. (c) wet or unseasoned wood; 5. (d) garbage, refuse, waste, structures; 6. (e) rubber, tires or plastic; or 7. (f) any animal carcass or part thereof. - (2) No Person shall ignite or allow a fire to burn on a Premise between 12AM and 8AM the following morning. 21. A Person may build, ignite or allow a fire on a premises in a fire pit or fire place as long as that person ensures that the fire is contained in a fire pit, and must have means of extinguishment on hand at times while the fire is burning and that the fire pit: 10. (a) is constructed of non-combustible material; 11. (b) has an open flame area that does not exceed one (1) metre at its widest point; 12. (c) is set upon or built into the bare ground or non-combustible material such as brick, metal or stone; 13. (d) is situated at least two (2) meters from any house, garage or similar structure including wooden decks, porches and similar amenity space attached to a structure measured from the part of the fire pit which is closest to the structure or amenity space; 14. (e) is situated at least two (2) meters from any combustible material measured from the part of the fire pit which is closest to the combustible material; 15. (f) is not located under any tree or overhanging branches. 22. Notwithstanding Section 27(e) a Person may build, ignite or allow a fire in a Portable Fire Receptacle on a wooden deck as long as that Person ensures that: 17. (a) a non-combustible material such as brick or stone is placed between the Portable Fire Receptacle and the wooden deck; and 18. (b) the Portable Fire Receptacle is situated at least 2 meters from any house, garage or similar structure or other combustible material, measured from the part of the receptacle which is closet to the structure of combustible material. 23. Notwithstanding any provisions in this bylaw, if a local, regional, or provincial fire ban is in place, then that ban must be adhered to for the safety of the community to avoid risk of the fire becoming a running fire. 24. - No Person shall build, ignite or allow any kind of fire when a complete ban on burning has  Initials  Initials  been declared by the Fire Chief or Deputy Fire Chief and is in effect. 25. A member of the Fire Department or an Enforcement Officer may direct a Person to immediately extinguish any fire when a fire ban is in place. 26. A Person who fails to comply with the direction of a member of the Fire Department or an Enforcement Officer to immediately extinguish a fire during a fire ban commits an offence, and the member of the Fire Department or the Enforcement Officer, as the case may be, may extinguish the fire. ## PART 6 - REGULATION OF NOISE 27. No Person shall make, continue or cause to be made or continued any loud unnecessary or unusual noise or any noise whatsoever, which annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons in the vicinity. 28. No Person, being the owner or occupier of a Premise, shall allow or permit such premises to be used so that there emanates from there any loud, unnecessary or unusual noise which annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of the other persons in the vicinity. 29. No Person shall operate a motor vehicle or motorcycle or leave the engine of such motor vehicle or motorcycle running at any time of the day or night, in such a manner as to disturb the peace, quiet, rest, enjoyment, comfort or convenience of other persons in the vicinity. 30. No Person shall own, keep or harbor any animal or bird which, by its cries, disturb the peace, quiet, rest, enjoyment, comfort or convenience of other persons in the vicinity. 31. No Person shall on any day, between 11:00 PM and 7:00 AM on the following day, construct, erect, reconstruct, alter, repair or demolish any building, structure or thing or excavate or fill in land in any manner which disturbs the peace, quiet, rest, enjoyment, comfort or convenience of other persons in the vicinity. 32. No Person shall on any day, between 11:00 PM and 7:00 AM on the following day, operate a power lawn mower, power snow removal equipment or motorized model aircraft 33. No Person shall on any day, between 11:00 PM and 7:00 AM on the following day, permit any loud parties, outdoor speaker systems, or any audio/video equipment which disturbs the peace, quiet, rest, enjoyment, comfort or convenience of other person in the vicinity. 34. Notwithstanding any provisions of this Bylaw, work crews of the Village or of utility companies serving the Village may perform work of an urgent or of an emergency nature, or for work carried out by the Village within the scope of their work, at any time of day or 35. Despite the above restrictions, a person may operate a snow clearing device powered by an engine for the purpose of commercial or non-commercial removal of snow and ice from public spaces (streets, sidewalks and parking areas) during the 48 hour period following a snowfall, rain or freezing rain, subject to the right of the Village or other designated authority.   $K Initials Initials ## PART 7 - REGULATION OF COMPOSTING 36. No Owner or occupier of a Premise shall place or allow to be placed cat feces, dog feces, animal parts or animal meat on a Composting pile or in a Composting container on the Premises. 37. No Owner or occupier of a Premise shall allow an Open Composting Pile on the Premises within ten (10) meters of an adjacent dwelling house, measured from the nearest part of the Open Composting Pile to the nearest part of the adjacent dwelling house. 38. Every Owner or occupier who allows a Composting container or a Composting Pile to remain on a Premise must ensure that it is maintained in such a manner that it does not become a nuisance by: 4. (a) creating offensive odors; or 5. (b) attracting pests. ## PART 8 - NUISANCES ESCAPING PROPERTY 39. No owner or occupier of a Premise shall allow a flow of water from a hose or similar device on the Premises to be directed towards an adjacent Premise if it is likely that the water from the hose or similar device will enter the adjacent Premises. 40. An owner or occupier of a Premise shall direct any rainwater downspout from the eaves trough on the Premises towards: 3. (a) the front of the Premises; 4. (b) the rear of the Premises; 5. (c) a side yard which does not abut another Premises; or 6. (d) a side yard which abuts another Premise only if there is a minimum of (six) 6 meters of permeable ground between the outfall of the downspout or eaves trough and the adjacent Premises. 41. Notwithstanding Section 40, no owner or occupier of a Premise shall allow a rainwater downspout or eaves trough to be directed towards a neighboring Premise if it is likely that the water from the downspout or eaves trough will enter the adjacent Premises. ## PART 9 - TRAFFIC AND PARKING 42. This subsection is meant to regulate and organize public parking within the Village as designated and in accordance with the Traffic Safety Act, Section 13, Division 3. It is under the municipality's jurisdiction to govern the parking of vehicles withing the Village; establishment of parking places, defining noise in connection with a motor vehicle, including what is objectionable noise, the measuring of that noise, or prohibiting use or operation of a vehicle if it is considered to be objectionable noise, restrict weight of vehicles; designation routes for different classes of vehicles; and, prescribing penalties of contravention of bylaws in accordance with the Traffic Safety Act as amended from time to time.  $/( Initials Initials     Initials     - (1) The Village of Lomond enforces, in alignment with provincial legislation as permitted in whole, or in part, enacts the following measures to ensure traffic safety and parking accessibility: - (a) Parked RV's cannot remain parked on public streets between September 1st and May 31st. ## PART 10 - PENALTIES and FEES 43. Penalties and fees are as defined in Schedule "A". ## PART 11 - REPEAL 44. That Bylaw No. 630 is hereby rescinded. ## COMING INTO FORCE 45. That this bylaw shall come into effect upon receiving third and final reading. Read a First time this 20th day of July, 2022. CHIEF ADMINISTRATIVE OFFICER Read a Second time this 20th day of July, 2022. MAYOR CHIEF ADMINISTRATIVE OFFICER Given unanimous consent to proceed to a third reading this 20th day of July, 2022. Read a Third and final time this 20th day of July, 2022. MAYOR CHIEF ADMINISTRATIVE OFFICER p/( Bylaw No. 661 Page 13 of 14 Initials ## SCHEDULE ''A" ## SPECIFIED PENALTIES and FEES ## Penalties for Contravention of any Section within this Bylaw: First Offence $100.00 Second Offence (within a 12 month period) Third and Subsequent Offence (within a 12 month period) $250.00 $500.00 ## Fees Real cost of remediation by Village of Lomond staff or by a contractor hired by the Village. Additional 20% Administration Fee over and above real cost. Appeal fees ## PUBLIC WORKS RATES and FEES | Equipment Type | Rate Per Hour (Plus GST) | |------------------|----------------------------| | Ride on mower | $60.00 | | Push Mower | $40.00 | | Weed Whipper | $20.00 | 1. The total charge invoiced to the property owner shall be calculated as follows: - a) The total dollar value shown in column (h) shall be the total invoiced amount subject to payment. | a | b | | d | e | f | g | h | |---------------------------------|------------------------------|----------------------------------------|----------------------|---------------------|----------|---------------|------------| | Hourly Rate for equipment used: | Total hours to complete task | Number of Employees Who Completed Task | Employee Hourly Wage | Subtotal | GST 5% | 20% Admin Fee | Total | | (See Table Above) | (xx.xx hrs) | (#) | ($xx.xx / hr) | ((a+d) * (b)) * (c) | (e * 5%) | (e * 20%) | (e + f+ g) |   BK Initials leu Initials $200.00