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TOWN OF McLENNAN
Unsightly, Untidy & Unsafe Bylaw
BYLAW 2014-04
A BYLAW OF THE TOWN OF MCLENNAN, IN THE PROVINCE OF ALBERTA, FOR
THE PURPOSES OF REGULATING, CONTROLLING AND REDUCING UNTIDY,
UNSAFE AND UNSIGHTLY AND DANGEROUS PREMISES AND NUISANCES
WITHIN THE TOWN OF MCLENNAN.
WHEREAS the Municipal Government Act, R.S.A.2000, cM-26, and amendments
thereto, provides that a Council of a Municipality may pass Bylaws for municipal
purposes including for the safety, health and welfare of people and in relation to the
regulation of unsightly, untidy and unsafe premises and nuisances within its boundaries;
AND WHEREAS the Safety Codes Act, R.S.A. 2000, c.S-1, and amendments thereto,
provides that a Council of a Municipality may establish minimum standards for the
maintenance of buildings and structures;
AND WHEREAS the Weed Control Act, R.S.A. 2000, c. W-5, and amendments thereto,
provides that a Council of a Municipality may pass bylaws identifying and regulating
restricted, noxious or nuisance weeds;
AND WHEREAS the Council of the Town of McLennan deems it expedient to make
such rules and regulations;
NOW THEREFORE the Council of the Town of McLennan, in the Province of Alberta,
duly assembled enacts as follows:
Title
1.1 This Bylaw may be cited as the "Untidy, Unsafe & Unsightly Premises Bylaw".
Definitions
2.1 In this Bylaw:
(a) "Abandoned Equipment" means equipment or machinery, which has
been rendered inoperative by reason of its disassembly, damage, age
or the deterioration of its mechanical condition and includes, but is not
limited to, any household appliances stored outside of a residence or
other structure, regardless of whether the household appliance is in an
inoperative condition;
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(b) "Abandoned Vehicle" means the entirety or any portion of any motor
vehicle, where that vehicle;
i. is in a rusted, wholly or partially, wrecked, dismantled, or
inoperative condition, and is not located within a structure or
located on Property such that it can be concealed from view of
surrounding public and private lands; or
ii. has no current license plate attached to it and, in respect of which,
no registration certificate has been issued for the current year; and
iii. is inoperative by reason of missing or disassembled parts or
equipment and is not located within a structure or located on
Property such that it can be concealed from view;
(c) "Act" means the Municipal Government Act, R.S.A.2000, c. M-26, as
amended or repealed and replaced from time to time;
(d) "Adjacent Boulevard" means a boulevard which abuts, flanks or
adjoins a Property, and any land that lie directly between the boundary
of a Property and an adjacent highway, road or alley;
(e) "Animal Material" means a whole animal, parts thereof, carcasses,
feces, entrails, fur or feathers and bones.
(f) "Ashes" means the powdery residue accumulated on a premises left
after the combustion of any substance and includes any partially burnt
wood, charcoal or coal;
(g) "Building Material" means all construction and demolition material
accumulated on a property while constructing, altering, repairing or
demolishing any structure and includes, but is not limited to, earth,
vegetation or rock displaced during such construction, alteration or
repair;
(h) "Peace Officer" means the Bylaw Enforcement Officer appointed by
the Town pursuant to the Act, to enforce the Town's Bylaws, and
includes a member of the Royal Canadian Mounted Police, a person
appointed as a weed inspector under the Weed Control Act, and any
Community Peace Officer employed by the Town;
(i)
"Chief Administrative Officer" or "CAO" means the Person appointed to
the position of Chief Administrative Officer by the Council of the Town and
includes any Person that the CAO may appoint as his/her designate for the
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purpose of carrying out his/her duties under this Bylaw and further includes
any Person that may be appointed to act in the absence of the CAO;
(j) "Composting" means the managed practice of recycling organic
material, including food and yard waste, through biological degradation
in a container or pile, to create useable soil conditioner;
(k) "Council" means the Municipal Council of the Town of McLennan;
(i) "Designated Officer" means for the purposes of this Bylaw, the CAO,
or Bylaw Enforcement Officer of the Town;
(m) "Deterioration" means the process of becoming progressively worse
in quality or strength resulting from:
i.
weathering
ii.
lack of general maintenance
(n) "Fence" means a barrier, railing, or other upright structure, typically of
wood, stone, brick or chain link, enclosing an area of ground to mark a
boundary, control access, or prevent escape.
(o) "Motor Vehicle" means a motor vehicle, as defined in the Traffic
Safety Act; R.S.A. 2000, c.T-6 as amended and repealed or replaced
from time to time.
(p) "Notice" means the written notice from a Designated Officer of the
Town;
(q) "Noxious Weed" means a noxious weed as prescribed in the Weed
Control Act and Alberta Regulation 171/2001, as amended or repealed
and replaced from time to time;
(r) "Nuisance" includes the physical condition of, use of, or an emission
from, Property or a structure which, in the opinion of a Designated
Officer or the CAO constitutes an unreasonable interference with the
use and enjoyment of other private or public Property and includes,
without limiting the foregoing, an Unsightly Premises;
(s) "Nuisance Weed" means a nuisance weed as prescribed in the Weed
Control Act and Alberta Regulation 171/2001, as amended or repealed
and replaced from time to time;
(t) "Occupant" means any person other than the registered Owner who is
in possession of the Property, including but not restricted to, a lessee,
licensee, tenant, or agent of the Owner;
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(u) "Order" means an Order issued by a Designated Officer pursuant to
section 545 or section 546 of the Act, as applicable;
(v) "Owner" means
i.
any person registered as the Owner of Property under the Land
Titles Act;
ii. a Person who is recorded as the Owner of Property on the
Assessment Roll of the Town;
iii. a Person who has become the beneficial Owner of the Property,
including by entering into a Purchase and Sale Agreement ,
whether they have purchased or otherwise acquired directly from
the Owner or from another Purchaser, and who has not yet
become the Registered Owner thereof;
iv. a Person holding himself/herself out as the Person exercising the
power or authority of Ownership or, who for the time being
exercises the powers and authority of Ownership over the
Property;
v. a Person in control of Property under construction; or
vi. a Person who is the Occupant of the Property under a lease,
license or Permit.
(w) "Person" means a corporation, partnership, or individual, and their
heirs, executors, administrators or other legal representative of an
individual;
(x) "Pest" means an animal, bird, reptile, or insect that may, in the opinion
of a Designated Officer, cause annoyance, or harm to a person,
animal, or plant and includes any organism declared as a pest or
nuisance pursuant to the Agricultural Pest Act R.S.A. 2000, c. A-8, as
amended or repealed and replaced from time to time;
(y) "Property" means any lands, external surfaces of all buildings,
structures or premises, or any personal Property located thereupon,
within the municipal boundaries of the Town;
(z) "Provincial Offences Procedure Act" means the Provincial Offences
Procedure Act, R.S.A. 2000, c. P-34, as amended or repealed and
replaced from time to time;
(aa) "Reasonable State of Repair" means the condition of being:
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i. structurally sound;
ii. free from significant physical or aesthetic damage;
iii. free from rot or other deterioration; and
iv. safe for its intended use; and
v. so as not to present an unsightly condition or appearance.
(bb) "Refuse" means articles including but not limited to, the following;
i. all solid and liquid waste, loose litter, debris, junk, or effluent
belonging to or associated with a house or household or any
industry, trade or business;
ii. abandoned vehicles, vehicle parts or accessories, or tires;
iii. furniture, appliances, machinery or parts thereof;
iv. construction materials;
v. animal feces, or animal carcasses
vi. any unused or unusable material that by reason of its state,
condition or excessive accumulation, in the opinion of Designated
Officer, appears to have been discarded or derelict or to be
useless or of no particular value or to be used up or worn out in
whole or part.
vii. materials derived from the nature of the business including but not
limited to by-products or shipping materials
(cc) "Restricted Weed" means a restricted weed as prescribed in the
Weed Control Act and Alberta Regulation 171/2001, as amended or
repealed and replaced from time to time;
(dd) "Screening" means a fence, berm or hedge used to visually
separate areas, uses and functions from a public road, highway or
neighbouring land uses.
(ee) "Sidewalk" means that part of the highway especially adapted to the
use of or ordinarily used by pedestrians and includes that part of a
Hgihway between the curb line or where there is no curb line, the edge
of the roadway, and the adjacent property line whether or not it is
paved or unpaved;
(ff) "Town" means the Town of McLennan, in the Province of Alberta
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(gg) "Unsightly Premises" means any property or part of it which is
characterized by visual evidence of a lack of a reasonable state of
repair and upkeep by the accumulation on the premises of:
(i)
any refuse, non-degradable or degradable materials,
garbage, papers, packages, containers, bottles, cans,
manure, human excrement or sewage or the whole or a part
of an animal carcass, dirt, soil, gravel, rocks, sod, petroleum
products, hazardous materials, disassembled equipment or
machinery, broken household dishes and utensils, boxes,
cartons and discarded fabrics, furniture and carpet;
(ii)
the whole or part of any motor vehicle or derelict vehicles or
trailers; which has no current license plate attached to it and
in respect of which, no registration certificate has been
issued for the current year, and which is inoperative by
reason of removed parts, or equipment;
(iii)
equipment or machinery which has been rendered
inoperative by reason its disassembly, age or mechanical
condition and includes any household appliances;
(iv)
animal material, yard material, ashes, building material and
refuse as defined in this Bylaw;
(v)
grass, dandelions or noxious weeds
(hh) "Violation Tag" means a tag or similar document issued by the
Town pursuant to the Act for the purpose of notifying a Person that
an offence has been committed for which a prosecution may follow;
(ii) "Violation Ticket" means a ticket issued pursuant to Part 2 of the
Provincial Offences Procedure Act;
(jj) "Weed Control Act" means the Weed Control Act, R.S.A. 2000, c. W-
5, as amended or repealed and replaced from time to time;
(kk) "Weeds" means any Noxious, Nuisance or Restricted Weed as
prescribed in the Weed Control Act, and Alberta Regulation
171/2001, as amended or repealed and replaced from time to time.
(ll) "Yard Materials" means materials consisting of dirt, grass, gravel,
leaves, vines, twigs, shrubbery trimmings, branches, and limb or
decorative non decomposing yard items.
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Nuisance
3.1
An Owner or Occupant of any Property within the Town shall not cause,
permit or allow that Property or a use of that Property to constitute a
Nuisance.
3.2 An Owner or Occupant who has permitted or allowed a Nuisance to exist
on an Adjacent Boulevard shall be deemed to have permitted or allowed a
Nuisance on their Property.
3.3
Conditions constituting a Nuisance which no Person shall cause, permit or
allow include, but are not limited to:
(a) the accumulation of Refuse on the Property;
(b) the failure to dispose of Refuse or other waste products
accumulating in storage containers on the property;
(c) the accumulation of yard material, ashes or scrap building material;
(d) the accumulation of Abandoned Vehicles or Abandoned
Equipment;
(e) the presence or accumulation of animal material, hazardous
materials, noxious fumes, manure or sewage;
(f) the presence of shrubs, trees, weeds or other vegetation which ,as
a result of its location on the Property has caused or is causing
damage to adjacent properties, public property, or which is
obstructing a sidewalk, highway or public place, including the
obstruction of sight lines necessary for the safe operation of motor
vehicles on a highway within the Town;
(g) grass in excess of fifteen (15) centimeters in length, or the
presence of Weeds, or the presence of other vegetation on the
boulevard, lane or alleys that abuts or flanks the Property which in
the opinion of a Bylaw Enforcement Officer or Designated Officer,
are excessive or which demonstrate neglect by the Owner;
(h) the presence or failure to destroy Restricted Weeds, control
Noxious Weeds or prevent the spread or scattering of Nuisance
Weeds pursuant to the terms and conditions of the Weed Control
Act;
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(i) the failure to control and eliminate insect pests harmful to the
growth and development of trees and shrubs or any vegetable or
plant life;
(j) the failure to keep Property in a Reasonable State of Repair,
including a lack of repair or maintenance of buildings, structures or
Property, which includes but is not limited to:
(i). the significant deterioration of buildings, structures, fences or
improvements, or portions of buildings, structures, or
improvements, including but not limited to foundation, exterior
walls, the roof doors, steps and sidewalk, fences, exterior stairs,
porches, decks, patios, landings, balconies and other similar
structures;
(ii). broken or missing windows, doors, doorframes, siding, stairs,
steps, landings, balconies, patios, awnings, fences, shingles,
shutters or any other Building Material;
(iii). significant fading, chipping, peeling, rotting or absence of paint
on areas of buildings, structures, fences or improvements on
Property; and
(iv). conditions that may create a danger to public safety in the
opinion of a Designated Officer.
(k) The presence of graffiti on a Property.
Unsightly & Dangerous
Premises
4.1
An Owner or Occupant of a Property shall not cause, permit or allow that
Property to become a danger to public safety or an Unsightly Premises.
4.2 No Person shall cause, permit or allow Refuse, Abandoned Equipment or
Abandoned Vehicles to collect, accumulate or to be stored upon Property
owned or occupied by him or her.
4.3 No Person shall cause, permit or allow Refuse, Abandoned Equipment or
Abandoned Vehicles to accumulate in any building or structure within the
Town, except in appropriate containers for temporary storage of Refuse or
other waste materials for pick-up and disposal at a sanitary landfill,
recycling centre or other waste management facility, or except as
otherwise permitted pursuant to a statute or this or another bylaw.
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4.4 No Person shall cause, permit or allow an Abandoned Vehicle to be
parked, stored or left in any driveway or yard.
4.5
No Person shall cause, permit or allow a vehicle to be used for the storage
of Refuse.
4.6
An Owner or Occupant of a Property may cause, permit or allow for the
temporary storage of materials or Refuse resulting from the construction,
demolition or alteration of a Property to be stored on the Property provided
that:
(a) it is removed in its entirety from the Property on a regular basis;
(b) It will not pose a fire risk or a risk to the health or safety of the
public; and
(c) It is not stored in an unsightly manner;
as determined by the Chief Administrative Officer.
4.7 An owner or Occupant may store firewood, building materials, and garden
equipment in the rear or side yard provided that such storage does not
exceed ten (10) percent of the yard area in which it is stored and is, in the
opinion of a Bylaw Enforcement Officer or Peace Officer or Designated
Officer, neatly piled and does not constitute an unreasonable fire hazard.
Composting
4.8
No Owner or Occupant of a Property shall place or allow to be placed
domestic animal feces, animal parts or animal meat on a Composting pile
or in a Composting container on his Property.
4.9 No Owner or Occupant of a Property shall place or establish an open
composting pile on his Property within ten (10) metres of an adjacent
Property, measured from the nearest part of the Composting pile the
nearest part of the adjacent property line.
4.10 An Owner or Occupant who places or allows a Composting container or
Composting pile to remain on his property shall take all reasonable steps
to ensure that it does not become a Nuisance or attract Pests.
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Refuse
4.11 An Owner or Occupant of a Property shall not cause, permit or allow
Refuse to accumulate on that property.
4.12 No Person shall place Refuse on Property other than their own, including
public property, except in a waste receptacle provided for depositing
Refuse.
4.13 No Person shall place Refuse on Town Property without first obtaining
written approval from the Town.
4.14 A Person who places Refuse on Town Property shall remove that Refuse
and reclaim the Property to its original condition.
4.15 Subject to Section 4.6, Refuse resulting from the construction, demolition
or alteration of a Property, may be placed on the Property on a temporary
basis, in a manner that will not constitute a nuisance.
Smoke, Particulate &
Light Pollution
4.16 No Owner or Occupant of a Property shall engage in an activity likely to
allow smoke, dust, gas or any similar airborne particulates or gases to
escape from the Property which in the opinion of a Designated Officer, is
likely to disturb another Person.
4.17 No Owner or Occupant of a Property shall allow an outdoor light to shine
directly into the living areas of an adjacent Property in a manner which, in
the opinion of a Designated Officer, is likely to disturb an Owner or
Occupant of an adjacent property.
4.18 No Owner or Occupant of a Property shall allow an outdoor light on that
Property to shine in a manner which, in the opinion of a Designated
Officer, is likely to interfere with public safety.
Fencing
4.19 Failure to keep screening in a reasonable state of repair.
4.20 All fencing must be made of approved fencing material.
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Enforcement of a Nuisance or
Unsightly Property
5.1
The Owner of any Property shall be responsible for all activities on the
Property and for ensuring that the Property is not or does not become a
Nuisance or Unsightly Property, and for remedying any contravention of
this Bylaw.
5.2
A Designated Officer may, for the purpose of ensuring that the provisions
of this Bylaw are being complied with, enter upon any Property or into any
structure, in accordance with section 542 of the Act, in order to carry out
an inspection, enforcement or other action required or authorized by this
Bylaw, the Act, or any other statute.
5.3
Where contravention of this Bylaw has occurred or is occurring, a
Designated Officer may issue an Order to the Owner, Occupant, or Person
responsible for the contravention, or any or all of them, pursuant to section
545 of the Act in the case of a Nuisance or Unsightly Premises or pursuant
to section 546 of the Act in the case of a danger to public safety.
5.4
An Order issued by a Designated Officer under section 5.5 of this Bylaw
may, in the case of a Nuisance or Unsightly Premises:
(a) direct the Person to whom the Order is issued to stop or alter the
way in which the Person is conducting a certain activity;
(b) direct the Person to take any action or measure necessary to
remedy the contravention of this Bylaw, including but not limited to
the cessation of an activity, the cutting or removal of vegetation, and
the removal or demolition of the structure or improvement that is in
contravention of this Bylaw and, if necessary, to prevent the
reoccurrence of the contravention;
(c) state a time period which shall not be more than thirty (30) days
from the date of the making of the Order, but not less than ten (10)
days in which the Person responsible must comply with directions
stated in the Order.
(d) state that if the Person does not comply with the directions provided
within the Order within the time period specified, that the Town may
take any action or measure reasonable necessary to remedy the
contravention at the expense of the Person responsible, with such
expenses being recoverable against the Person responsible, in
accordance with the provisions of the Act; and
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(e) notify the Person responsible of the right to apply by written notice
for a review of the Order by Town Council, and any fee required for
such an application, as set out in Schedule "B".
Enforcement of a
Dangerous Condition
5.5
An Order issued by a Designated Officer in the case of a dangerous
condition:
(a) require the Owner of the structure to eliminate the danger to public
safety in a manner specified or to remove or demolish the structure
and level the site;
(b) in the case of an excavation or hole, require the Owner of the
Property upon which the excavation or hole is located to eliminate
the danger to public safety in any manner specified, including filling
in the excavation or hole and leveling the site;
(c) state a time period which shall not be more than ten (10) days from
the date of the making of the Order, but not less than two (2) days
in which the Person responsible must comply with directions stated
in the Order,
(d) state that if the Owner does not comply with the Order within the
time frame specified, the Town may take any action or measure
reasonably necessary to remedy the condition of the lands,
structure or improvement, at the expense of the Owner with such
expenses being recoverable in accordance with the provisions of
this Bylaw and the Act; and
(e) shall notify the Owner of the right to apply by written notice for a
review of the Order by Council, and the required fee for such an
application as set out in Schedule "B".
Appealing
an Order
5.6
A Person to whom an Order is issued may request a review of the Order
by written notice to Council within fourteen (14) days of the date on which
the Order is received by that Person in the case of a Nuisance or Unsightly
Premises within seven (7) days of the date on which the Order is received
by that Person in the case of a dangerous condition.
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5.7
A Person requesting a review of an Order by Council shall, in conjunction
with the written request for review, submit a fee in the amount specified in
Schedule "B" of this Bylaw.
5.8
Upon a review of an Order of Council may confirm, vary, substitute or
cancel the Order.
Administrative
Duties
6.1
When in the opinion of the officer a condition exists which contravenes any
of the provisions of this by-law the Officer shall:
i)
issue a written warning to the owner, agent, lessee and /or occupier
of the land or premises in question advising them of the condition
and directing them that the condition be rectified within seven (7)
days from the date entered on the said notice.
ii)
Upon non compliance to a written notice issue a Violation Tag to
the owner, agent, lessee and/or occupier of the land or premises in
question.
6.2
Any costs or expenses of any action or measure taken by the Town
pursuant to this Bylaw are an amount owing to the Town by the Owner,
Occupant or any other Person responsible for the contravention, to whom
an Order was issued, or any or all of them.
6.3 If the Town sells all or a part of a structure or improvement, or the
contents of a structure or improvement, that have been removed pursuant
to this Bylaw, the proceeds of the sale must be used to pay the costs and
expenses incurred by the Town in the enforcement of the Order issued,
and any excess proceeds must be paid to the Owner, Occupant or Person
responsible for the contravention, if entitled to them.
6.4 The expenses and costs incurred by the Town in the enforcement of this
Bylaw may be collected as a civil debt or added to the tax roll for the
Property pursuant to the Act.
6.5 The Town may register a caveat pursuant to the Land Titles Act and the
Act in respect to any Order issued under this Bylaw, against the Certificate
of Title for the Property that is the subject of the Order.
6.6 If a caveat is registered pursuant to section 8.13 of this Bylaw, the Town
must discharge the caveat when the Order has been complied with, or
when the Town has performed the actions or measures necessary to
remedy the contravention as stated in the Order.
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6.7 An Order issued pursuant to this Bylaw is deemed to have been served on
the Person to whom it is addressed when the Order has been:
(a) in the case of an individual, delivered Personally to the individual,
or left for the individual at his or her residence with a Person on the
Premises who appears to be at least eighteen (18) years of age; or
(b) upon confirmation of receipt of the Order by the Person to whom it
is addressed by registered mail;
(c) in the case of a partnership or corporation, by registered mail or
Personal delivery to either the registered officer or business address of
the partnership or corporation;
(d) in the event that the Town is unsuccessful in its attempts to serve
the Order pursuant to subsections 8.15(a), (b) or (c) above, a
Designated Officer may post a copy of the Order in a conspicuous
place on the Property referred to in the Order, when the Designated
Officer has reason to believe that the Person to whom the Order is
addressed is evading service, and that there is no other reasonable
means of service available.
Offences and Penalties
7.1 Regardless of whether an Order has been issued pursuant to this Bylaw,
any Person who contravenes any provision of this Bylaw is guilty of an
offence and is liable, upon summary conviction, to a penalty as set out in
Schedule "A" herein.
7.2
Any person who fails to comply with an Order issued pursuant to Part 11
of this Bylaw is guilty of an offence.
7.3 Under no circumstances shall any Person contravening any provision of
this Bylaw be subject to a penalty of imprisonment.
7.4 Any Person who commits a second or subsequent offence under this
Bylaw within (1) year of committing a first offence under this Bylaw, is
liable, upon summary conviction to double the fine set out in Schedule "A"
of this Bylaw, for that offence.
Violation Tags
8.1 A Bylaw Enforcement Officer or CAO is hereby authorized and empowered
to issue a Violation Tag to any Person, whom the Bylaw Enforcement
Officer or CAO has reasonable grounds to believe has contravened any
provision of this Bylaw.
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8.2 A Violation Tag shall be served:
(a) upon the Person personally, or by leaving it with the Person on the
Premises who has the appearance of being at least eighteen (18)
years of age; or
(b) in the case of a corporation or partnership, by serving the Violation Tag
personally upon the Manager, Corporate Secretary or other Officer, or
Person apparently in charge of a branch office, or by mailing a copy to
such Person by Registered Mail.
8.3 A Violation Tag shall be in a form approved by the CAO, and shall state:
(a) the name of the Person to whom the Violation Tag is issued;
(b) a description of the Property upon which the offence has been
committed, if applicable;
(c) a description of the offence and the applicable bylaw section;
(d) the appropriate penalty for the offence as specified in Schedule "A" of
this Bylaw;
(e) that the penalty shall be paid within thirty (30) days of the issuance of
the Violation Tag in order to avoid prosecution; and
(f) any other information as may be required by the CAO.
8.4 Where a Violation Tag has been issued pursuant to section 6.1, the
Person to whom the Violation Tag has been issued may, in lieu of being
prosecuted for the offence, pay to the Town Office, the penalty specified
on the Violation Tag.
Violation Tickets
9.1 In the event that a Violation Tag has been issued and the penalty
specified on the Violation Tag has not been paid within the prescribed
time, a Bylaw Enforcement Officer is hereby authorized and empowered
to issue a Violation Ticket pursuant to Part 2 of the Provincial Offences
Procedure Act to a person to whom the Violation Tag was issued.
9.2 A Bylaw Enforcement Officer is hereby authorized and empowered to
immediately issue a Violation Ticket to any Person to whom the Bylaw
Enforcement Officer has reasonable grounds to believe has contravened
any provision of this Bylaw.
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9.3 The person to whom the Violation Ticket has been issued may plead guilty
by making a voluntary payment in respect of the Summons by delivering
to the Provincial Court, on or before the initial appearance date, the
Violation Ticket together with an amount equal to the specified penalty for
the offence as provided for in Schedule "A" of this Bylaw.
9.4 When a Clerk of the Provincial Court records the receipt of a voluntary
payment pursuant to this Bylaw and the Provincial Offences Procedure
Act, the act of recording constitutes acceptance of the guilty plea and
also constitutes a conviction and imposition of a fine in the amount of the
specified penalty.
Severability
10.1 If any section or parts of this Bylaw is declared invalid by a court of
competent jurisdiction, then the invalid portion must be severed and the
remainder of the bylaw is deemed valid.
Repeal
11.1 That Bylaw 2005-06 Untidy and Unsightly Bylaw is now repealed
Effective Date
This Bylaw shall come into full force and effect upon third and final reading.
Read a first time this 14th day of April, 2014.
Read a second time this 12th day of May, 2014.
Read a third and finally passed this 12th day of May, 2014.
__________________________
MAYOR
__________________________
Chief Administrative Officer
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FEE SCHEDULE "A"
PENALTIES
DANGEROUS BUILDINGS AND STRUCTURES
Direction Order Non-compliance Administrative Fee
$50.00
and total cost for
doing the required
work
OFFENCES
1st non-compliance offence
$100.00
2nd non-compliance offence
$200.00
3rd non-compliance offence
$400.00
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SCHEDULE "B"
COUNCIL REVIEW APPLICATION FEES
A written notice requesting review of an Order by Council pursuant to Part 11 shall be
accompanied by a fee of $75.00 that shall only be returned to the applicant in the event
that the whole of the Order is revoked by Council.