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## BYLAW NO. 1077
## BEING A BYLAW OF THE TOWN OF MAYERTHORPE, IN THE PROVINCE OF ALBERTA, TO REGULATE, CONTROL AND ABATE NUISANCES, INCLUDING UNSIGHTLY PREMISES
WHEREAS, the Town of Mayerthorpe has the authority pursuant to Section 7(c) of the Municipal Government Act, R.S.A. 2000, c.M-26. 1, as amended, to pass bylaws respecting nuisances generally, including unsightly premises; and
NOW THEREFORE the Council of the Town of Mayerthorpe, pursuant to the authority conferred upon it by the laws of the Province of Alberta, enacts as follows:
## SHORT TITLE
- 1.1 This Bylaw shall be cited as the "Nuisance and Unsightly Premises Bylaw".
## II. PURPOSE
The purpose of this bylaw is to establish and enforce minimum standards to regulate, control and abate nuisances, including unsightly premises, in the Town of Mayerthorpe.
## DEFINITIONS III.
## 3.1 In this Bylaw:
- a) "C.A.O." means the Chief Administrative Officer for the Town of Mayerthorpe or his or her delegate.
- b) "Council" shall mean the Municipal Council of the Town of Mayerthorpe.
- c) "Designated Officer" shall mean the Chief Administrative Officer of the Town of Mayerthorpe or delegate.
- d) "Good Repair" means a condition where something is free from:
5. (i) Significant damage;
6. (ii) Peeling surfaces;
7. (iii) Broken, missing or falling parts;
8. (iv) Rot or other significant deterioration;
9. (v) Openings that are not secured against trespassers or infiltration of air and precipitation;
10. (vi) Other visual evidence of a lack of general maintenance.
- e) Junked Vehicle" shall mean a vehicle that:
2. (i) the whole or any part of any vehicle or vehicles which are not currently registered with Alberta Motor Vehicle Registries for the current year and/or are inoperative by reason of disrepair, removed parts or missing equipment;
3. (ii) is not located in a structure and does not form part of the business enterprise law fully being operated on that property.
- f) "Municipal Tag" shall mean a tag or similar document issued by the Town pursuant to the Municipal Government Act.
- g) "Nuisance" shall mean, in the opinion of the Designated Officer or the Municipal Council of the Town of Mayerthorpe, any act or deed, practice or thing which is or could be reasonably be considered to be annoying, troublesome, destructive, harmful, inconvenient, unsanitary, unsightly, unsafe or injurious to a person or property.
- h) "Owner", "Own" or "Owns" means;
7. (i) in the case of land, to be registered under the Land Titles Act as the owner of the fee simple estate in a parcel of land; or
8. (ii) in the case of personal property, to be in lawful possession or have the right to exercise control over it or to be the registered owner of it.
- i) "Person" means any individual, firm, partnership, association, corporation, trustee, executor, administrator or other legal representative.
- j) "Public Lands" shall mean all lands under the ownership and control of Her Majesty the Queen in right of Canada, Her Majesty the Queen in right of Alberta, or the Town of Mayerthorpe.
- k) "Structure" includes but is not limited to any building, retaining wall, scaffolding, garbage container, trailer, mobile home, shed, portable garage, modular homes, manufactured homes and sea containers.
- 1) "Town" means the Town of Mayerthorpe.
- m) "Unsightly Premises" shall mean any premises being land, structures, improvements to land or personal property located on land within the Town that in the opinion of the Designated Officer or the Council of the Town, is unsightly whether or not it detrimentally affects the repose, amenities, use, value or enjoyment of the surrounding lands in reasonable proximity to the Unsightly Premises.
- n) "Violation Ticket" shall mean a ticket issued pursuant to Part II of the Provincial Offences Procedures Act and Regulations there under.
- 3.2 In this Bylaw, wherever the male gender is specified it shall be interpreted as meaning both male and female as applicable.
## IV. PROHIBITIONS
- 4.1 The Owner of land shall not cause or allow his land or his use of land to constitute a Nuisance.
- 4.2 The Owner of land shall not cause or allow his land to be an Unsightly Premise.
- 4.3 No Person shall cause, permit or allow metal or Junked Vehicles to collect, accumulate or be upon lands owned or occupied by him, or under his responsibility, or upon Public Lands adjoining lands owned or occupied by him, or under his responsibility.
- 4.4 No Person shall cause, permit or allow storage in the front yard of any property in a residential area.
- 4.5 It shall be in contravention of this Bylaw and an offence for an Owner of land within a residential area as defined by any Bylaw of the Town to permit, allow or condone the use of any property within a residential area as defined in the Land Use Bylaw for the storage or repair, cleaning, maintenance, collection or servicing of mechanical equipment including but not limited to bulldozers, graders, backhoes, pay loaders, cranes, tractors, semi-trailers, or similar heavy equipment.
- 4.6 No Owner of a premise shall allow a Structure or fence to become a safety hazard.
- 4.7 Every Owner of a property shall ensure the following are maintained in Good Repair:
- a) Fences
- 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 of all exterior surfaces of a Structure or Fence; and
- d) Exterior stairs, landings, porches, balconies and decks.
## V. ENFORCEMENT
## OFFENCE
- 5.1. A Person who contravenes this Bylaw is guilty of an offence.
## CONTINUING OFFENCE
- 5.2. In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect to each day, or part of a day, on which it continues and a Person guilty of such an offence is liable to a fine in the amount not less than that established by this Bylaw for each such day.
## VICARIOUS LIABILITY
- 5.3. For the purpose of this Bylaw, an act or omission by an employee or agent of a Person is deemed also to be an act or omission of the Person it the act or omission occurred in the course of the agent's exercising the powers or performing the duties on behalf of the Person under their agency relationship.
## CORPORATIONS AND PARTNERSHIPS
- 5.4. (1) When a corporation commits an offence under this Bylaw, every principal, director, manager, employee or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence.
(2) If a partner in a partnership is guilty of an offence under this Bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence.
## FINES AND PENALTIES
- 5.5. (1) The following are minimum fine amounts and are established for use on Municipal Tags and Violation Tickets if a voluntary payment option is offered.
- a) $250.00 for any offence with the exception of Section 5.11;
- b) $1000.00 for any offence under Section 5.11;
- c) Fines double for any similar subsequent offence.
## MUNICIPAL TAG
- 5.6. (1) If a Municipal Tag is issued in respect of an offence, the Municipal Tag must specify the fine amount established by this Bylaw for the offence.
- (2) A Municipal Tag issued under this Bylaw may be served:
- a) by delivering it personally to the individual;
- b) by leaving it for the individual at their apparent place of residence with someone who appears to be at least 18 years of age;
- c) by mail to the address shown on the tax roll of the Town or at the Land Titles Registry.
- (3) In the case of a Corporation, a Municipal Tag may be served:
- a) by delivering personally to any director or officer of the corporation;
- b) by delivering it personally to a Person apparently in charge of an office of the corporation at an address held out by the corporation to be its address; or
- c) by mail to the registered office of the corporation.
## PAYMENT IN LIEU OF PROSECUTION
- 5.7. A Person who commits an offence may, if a Municipal Tag is issued in respect of the offence, pay the fine amount established by this Bylaw for the offence and if the amount is paid on or before the required date, the Person will not be prosecuted for the offence.
## VIOLATON TICKET
- 5.8. If a Violation Ticket is issued in respect of an offence, the Violation Ticket may:
- a) specify the fine amount established by this Bylaw for the offence; or
- b) require a Person to appear in court without the alternative of making a voluntary payment.
## VOLUNTARY PAYMENT
- 5.9. A person who commits an offence may:
- a) if a Violation Ticket is issued in respect of the offence; and
- b) if the Violation Ticket specifies the fine amount established by this Bylaw for the offence;
- c) make a voluntary payment equal to the specified fine.
## ORDER TO COMPLY
- 5.10. (1) If the C.A.O. believes, on reasonable grounds, that a Person is contravening any provision of this Bylaw, the C.A.O. may, by written order pursuant to Section 545 of the Municipal Government Act, require any Person responsible for the contravention to remedy it.
- (2) The order may:
- a) direct a Person to stop doing something or to change the way in which the Person is doing it;
- b) direct a Person to take any action or measures necessary to remedy the contravention of the enactment or bylaw, including the removal or demolition of a Structure that has been erected or placed in contravention of this Bylaw and, if necessary, to prevent a re-occurrence of the contravention;
- c) state a time within which the Person must comply with the directions;
- d) state that if the Person does not comply with the directions within a specified time, the Town will take the action or measure at the expense of the Owner, the said expense being recoverable pursuant to the provisions of the Municipal Government Act.
- (3) If in the opinion of the C.A.O., any property within the Town that is found to be an Unsightly Premise, the C.A.O. may by written order:
- a) require the Owner of the Unsightly Premise to remove or demolish the Unsightly Premise;
- b) require the Owner of the Unsightly Premise to improve the appearance of the property in the manner specified, or if the property is a Structure, to remove or demolish the Structure and level the site.
- (4) A Person named in and served with an order issued pursuant to this section shall comply with any action or measure required to be taken within the time specified.
- (5) An order issued pursuant to this section may be served:
- a) by delivering it personally to the individual;
- b) by leaving it for the individual at their apparent place of residence with someone who appears to be at least 18 years of age;
- c) by mail to the address shown on the tax roll of the Town or at the Land Titles Registry.
- (6) In the case of a Corporation, an order may be served:
- a) by delivering personally to any director or officer of the corporation;
- b) by delivering it personally to a Person apparently in charge of an office of the corporation at an address held out by the corporation to be its address; or
## OBSTRUCTION
- 5.11 A Person shall not obstruct or hinder any Person in the exercise or performance of the Person's powers pursuant to this Bylaw.
## VI REVIEW PROCESS FOR ORDERS
- 6.1 The Council of the Town has the responsibility to review and confirm, vary, substitute or cancel written orders issued under this article.
- 6.2 An Owner who receives a written order under this article may request the Council to review the order by written notice within 14 days of the day the order is received.
- An Owner affected by the decision of Council under Section 6.2 may appeal to the Court of Queen's Bench in accordance with the Municipal Government Act within 30 days of the date the decision is served on the Owner:
- a) if the procedure required to be followed by the Municipal Government Act is not followed, or
- b) the decision is patently unreasonable.
- 6.4 The application for appeal will state the reasons for the appeal.
- 6.5 The Court may:
- a) confirm the decision, or
- b) declare the decision invalid and send the matter back to Council with directions.
## VII GENERAL
## POWERS OF THE CHIEF ADMINISTRATIVE OFFICER
- 7.1. Without restricting any other power, duty or function granted by this Bylaw the C.A.O. may:
- carry out any inspections to determine compliance with this Bylaw;
- b) take any steps or carry out any actions required to enforce this Bylaw;
- c) take any steps or carry out any actions required to remedy a contravention of this Bylaw;
- d) establish investigation and enforcement procedures with respect to residential, commercial, industrial or other types of property and such procedures may differ depending on the type of property in question;
- e) establish forms for the purpose of this Bylaw; and
- f) delegate any powers, duties or functions under this Bylaw to an employee of the Town.
## SEVERABILITY
- 7.2. Should any provision of this Bylaw be invalid, then such invalid provisions shall be severed and the remaining Bylaw shall be maintained.
## 7.3. RESCIND
Bylaw No. 924 is hereby rescinded.
## NUMBER AND GENDER REFERENCES
- 7.4. All references in this Bylaw will be read with such changes in number and gender as may be appropriate according to whether the reference is to a male or female Person, or a corporation or partnership
## LIABILITY
- 7.5. The Town, any Designated Officer or any Person who inspects any Property under this Bylaw, or any Person who performs any work on behalf of the Town to remedy a contravention of this Bylaw is not liable for any damages caused by the inspection, the work or disposing of anything to complete the work set out in the order.
## ENFORCEMENT OF THIS BYLAW
- 7.6. The Town is not required to enforce this Bylaw. In deciding whether to enforce this Bylaw, the Town may take into account any practical concerns, including available municipal budget and personnel resources.
Read a first time this 27" day of November, 2017.
Read a second time this 11" day of December, 2017.
Read a third time and duly passed this 11" day of December, 2017.
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Karen St. Martin, CAO