This is the exact embedded text of the captured official document.
Snapshot 6ddd78407239 · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
MOUNTAIN VIEW COUNTY
BYLAW NO. 11/23
UNSIGHTLY PROPERTY
Bylaw No. 11/23
Unsightly Property
Page 1
Mountain View County
Province of Alberta
Bylaw No. 11/23
A BYLAW OF MOUNTAIN VIEW COUNTY IN THE PROVINCE OF ALBERTA TO PROVIDE FOR THE
ABATEMENT AND CONTROL OF UNSIGHTLY PROPERTY WITHIN MOUNTAIN VIEW COUNTY.
SECTION 1 - AUTHORITY
1.01
The Municipal Government Act provides that a Council of a Municipality may pass bylaws for
municipal purposes respecting nuisances, including unsightly properties; and
1.02
The Council of Mountain View County wishes to establish regulations and penalties for the
maintenance and upkeep of private property within the County; and
1.03
The Council of Mountain View County wishes to establish penalties and procedures for the
abatement of unsightly conditions that affect the safety, health and welfare of persons and
the surrounding neighborhood;
1.04
Now, Therefore, the Council of Mountain View County, duly assembled, enacts as follows:
1.05
This bylaw may be cited as the "Unsightly Property Bylaw".
SECTION 2 - DEFINITIONS
2.01
In this Bylaw, unless the context otherwise requires:
a.
"Adjacent" means land that is contiguous to the land that is the subject of a complaint
and includes land or a portion of land that would be contiguous if not for a public road,
railway, river or stream;
b.
"Animal Material" means any animal excrement, offal, carcasses or parts thereof,
including all material accumulated on a Property from pet pens, yards, stables, veterinary
clinics, hospitals, kennels or feed lots;
c.
"Building Material" means materials from a construction or demolition site that are or
include reinforced concrete, asphalt, lumber, timber, metal framing materials, reinforcing
steel, glass, ductwork, plaster, drywall, or similar materials, or earth, vegetation, or rock
displaced during such construction, alteration, or repair;
d.
"Compliance Order" means an Order described in Section 545 or Section 546 of the
Municipal Government Act;
e.
"Council" means the duly elected Council of Mountain View County;
f.
"County" means Mountain View County duly established pursuant to the laws of Alberta.
g.
"Court" means a Court of competent jurisdiction in the Province of Alberta;
h.
"Dangerous Property" means any condition on a Property which, in the opinion of a
Designated Officer, may create or constitute a danger to public safety;
Bylaw No. 11/23
Unsightly Property
Page 2
i.
"Derelict Equipment" means equipment or machinery that is inoperative by reason of its
disassembly, age, or mechanical condition, including any household appliance stored
outside of a building regardless of whether it is in an inoperative condition;
j.
"Derelict Vehicle" means the whole or any part of a motor vehicle or farm equipment that:
i.
is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, or
inoperative condition and is not located in a building or on a Property such that it
can be concealed from view;
ii.
has no current license plate attached to it and has not been issued a registration
certificate for the current year; or
iii.
is inoperative by reason of removed parts or equipment and is not located within
a building or on a Property such that it can be concealed from view;
k.
"Designated Officer" means a Development Officer, Bylaw Enforcement Officer, Peace
Officer, or any other official appointed by Council to enforce the provisions of this Bylaw
or as established by the Approving Authorities Bylaw of Mountain View County.
l.
"Enforcement Officer" means a member of the Royal Canadian Mounted Police
(R.C.M.P), a Community Peace Officer appointed by the Solicitor General of Alberta in
accordance with the Peace Officers Act, SA 2006, c P-3.5, as amended from time to time,
or a Bylaw Enforcement Officer employed by Mountain View County in accordance with
the Municipal Government Act;
m. "Mountain View County" means Mountain View County as a municipal corporation
established pursuant to the laws of the Province of Alberta and the area within the
jurisdictional boundaries of Mountain View County, as the context of this Bylaw so
requires;
n.
"Municipal Government Act" means the Municipal Government Act, RSA 2000, Chapter
M-26 and the respective regulations thereafter and as amended from time to time;
o.
"Nuisance" means the physical condition of, use of, or an emission from a Property
which, in the opinion of a Designated Officer, constitutes an unreasonable interference
with the use and enjoyment of other private or public Property, including, without limiting
the foregoing, Unsightly Property and Dangerous Property;
p.
"Occupant" means any Person, including the Owner of the Premises, who is in
possession or control of the Premises, including but not limited to, a lessee, licensee,
tenant, contractor or agent of the Owner;
q.
"Owner" means the person as registered on title at the Land Titles Office RSA 2000, c L-
4, as amended from time to time;
r.
"Person" means an individual or any business entity including a firm, partnership,
association, corporation, company, or society.
s.
"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, plant, or other Property, including
but not limited to an organism declared as a Pest or a Nuisance pursuant to the
Agricultural Pests Act, RSA 2000, c A-8 as amended from time to time;
Bylaw No. 11/23
Unsightly Property
Page 3
t.
"Premises or Property" means any lands, buildings, structures, or premises, or any
personal property located thereupon, within the jurisdictional boundaries of Mountain
View County;
u.
"Provincial Offences Procedure Act" means the Provincial Offences Procedure Act, RSA
2000, c P-34, as amended from time to time;
v.
"Reasonable State of Repair" means buildings and structures that are:
i)
structurally sound;
ii)
free from damage or deterioration;
iii)
free from graffiti visible to public view;
iv)
safe for their intended use; and
v)
so as not to present as a Nuisance;
w. "Secretary" means the Secretary of the Unsightly Property Abatement Committee.
x.
"Unoccupied Building" means buildings or structures normally intended for human
occupancy but are currently vacant;
y.
"Unsightly Property Abatement Committee" means the Council committee established in
accordance with the Municipal Government Act having the delegated authority of Council
to conduct a review of the Order under Section 547 of the Municipal Government Act.;
z.
"Unsightly Property" or "Unsightly Condition" means any Premises whether land,
Buildings, improvements to land or Buildings, Personal property or any combination of
the above, located on lands within Mountain View County, which, in the opinion of a
Designated Officer, is unsightly to such a degree as to detrimentally affect the repose,
amenities, use, value or enjoyment of the surrounding lands in reasonable proximity to
the Unsightly Premises, or is otherwise detrimental to the surrounding area or in an
unsightly condition as defined in the Municipal Government Act, and includes, without
limiting the foregoing, may include but are not limited to the following:
i)
the failure to cut or control grass and vegetation on the premises; including the
growth of trees or shrubs in such a manner that they interfere with or endanger
visibility to street signage or roadway clearance;
ii)
the failure to keep buildings or structures in a Reasonable State of Repair;
permitting a building or structure to deteriorate, become damaged or exist in a
ruinous or derelict state;
iii)
accumulation of Animal Material, Building Material or Yard Material on the
premises;
iv)
failure to remove dead or hazardous trees or vegetation which is dangerous to the
public safety and affecting public lands;
vi)
the storage or accumulation of derelict vehicles or derelict equipment on the
premises.
vii)
the storage, stockpile or accumulation of rubbish, garbage, refuse, waste or other
article or material including, but not restricted to, discarded or derelict furniture or
household appliances, scrap metals, scrap lumber, tires, motor vehicle parts and
other like objects whether of any apparent value or not and whether located in a
storage area or elsewhere upon the premises;
ix)
allowing a hole, excavation or accumulation of material that may be dangerous to
public safety or health, to exist on premises;
x)
allowing conditions that result in an infestation of pests on the premises;
xi)
presence of graffiti that is visible from any surrounding Property;
Bylaw No. 11/23
Unsightly Property
Page 4
aa.
"Violation Ticket" means a ticket issued pursuant to the Provincial Offences Procedure
Act;
bb. "Yard Material" means organic matter formed as a result of gardening or horticultural
activities, including grass, tree, and hedge cuttings and clippings.
2.02
The Owner of property is ultimately responsible for all activities on the property which may
constitute prohibitions of this Bylaw.
2.03
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, order or license.
SECTION 3 - GENERAL PROHIBITIONS
3.01
An Owner shall not cause or allow their Property to be a Nuisance, Unsightly Property, or
Dangerous Property.
3.02
In determining whether a Property is Unsightly as defined in this Bylaw, an Enforcement
Officer shall regard the normal use and location, as well as the Agricultural identity and
operations, of the Property.
3.03
Notwithstanding Section 2.01(c) of this Bylaw, the accumulation of Building Material or
equipment on a Property where valid Permits exist shall not constitute an Unsightly Property
so long as:
a.
the Building Material and equipment are related to the work authorized under a
Building Permit; and
b.
in the opinion of a Designated Officer, the work is currently in progress, the
accumulation is not excessive, and all reasonable steps are being taken to minimize
the Nuisance, Unsightly, or Dangerous nature of the Property.
3.04
The accumulation of Animal Material on Property designated or permitted for use as
agricultural lands shall not constitute a Nuisance or Unsightly Property under this Bylaw so
long as, in the opinion of a Designated Officer, the accumulation is not considered excessive
given the scope and scale of the agricultural activity.
SECTION 4 - PROPERTY STANDARDS AND MAINTENANCE
4.01
Every Owner or Occupant shall ensure that the Premises is maintained in a Reasonable
State of Repair, including but not limited to the repair or maintenance of:
a.
significant deterioration of any buildings, structures, or improvements, or portions
thereof;
b.
broken or missing windows, siding, shingles, shutters, eaves troughs, or other related
improvements;
c.
every Owner or Occupant of a Premises shall ensure that Graffiti placed on the
Premises is removed, painted over, or otherwise blocked from public view.
4.02
Every Owner of an Unoccupied Building shall ensure that any door or window is secured
Bylaw No. 11/23
Unsightly Property
Page 5
in such a manner that:
a.
complies with Section 4.01 of this Bylaw; and
b.
does not contribute to the Property becoming Unsightly.
4.03
Every Owner shall take reasonable steps to prevent attracting, sustaining, or the breeding
of Pests on their Property.
SECTION 5 - COMPLAINT PROCESS - ISSUANCE OF A NOTICE OR COMPLIANCE ORDER
5.01 Unsightly premises complaints shall be referred to a Designated Officer.
5.02
If the Designated Officer determines a complaint to be valid, the Designated Officer shall
attempt to have the unsightly condition remedied by serving a notice as set out in Schedule
"A" of this bylaw to the Owner or other Person responsible for the property or both. The
Notice may include but is not restricted to providing the following directions to the Owner or
occupant of the property:
a.
cease the activity which causes the unsightly condition;
b.
change the way in which such person is carrying out any activity;
c.
direct any person to take any action or measure necessary to compel the elimination
or abatement of the unsightly condition, including:
i)
the removal of any thing or matter from the property, which constitutes the
unsightly condition;
ii)
the construction, installation or repair of a screen or enclosure; and
iii)
enter into an agreement in a form for the abatement of the unsightly
condition.
d.
specify the time within which such person must comply with the directions contained
in the notice;
e.
offer the owner or occupant of the property an opportunity to enter into any other
voluntary agreement with the County to keep the premises clean, tidy and free of
unsightly conditions; and
f.
specify the time limits within which the actions must be completed.
5.03
Notwithstanding Section 5.02, if the Designated Officer determines a complaint to be valid,
they may at their unfettered discretion, proceed with the immediate issuance of an
Compliance Order under Section 5.05 of this Bylaw.
5.04
If the Designated Officer determines a complaint to not be valid, the complainant shall be
notified in writing of this finding. The complainant may appeal this finding, by way of written
request to the Secretary of the Unsightly Property Abatement Committee not more than
Fourteen (14) Days from the date the Designated Officer's report is mailed to the
complainant and by paying a fee prescribed in Schedule "C".
Bylaw No. 11/23
Unsightly Property
Page 6
5.05
If the unsightly condition is not remedied through issuance of a Notice, the Designated
Officer shall issue an Compliance Order under Section 545 or 546 of the Municipal
Government Act and register that Compliance Order to the subject Property's Land Title.
5.06
An owner or occupier of property may appeal an Compliance Order to the Unsightly Property
Abatement Committee by way of a written request to the Committee with applicable fee
prescribed in Schedule "C", received by the Secretary of the Committee not more than
Fourteen (14) Days for a 545 Order and Seven (7) Days for a 546 Order from the date the
Compliance Order was served.
SECTION 6 - APPEAL PROCESS
6.01
If an appeal is brought to the Unsightly Property Abatement Committee under Section 5.04
or 5.06 of this bylaw, the Committee shall:
a.
set a time and place, within 30 days of receipt of the appeal notice, to hear the
results of the investigation.
b.
notify the complainant, the owner, and occupier of the property in question, and the
owner of land that is adjacent to land that is subject of the complaint, of the time and
place set to hear the results of the investigation; at which time the complainant, the
owner, and occupier of the property in question, and the owner of land that is
adjacent to the land that is subject of the complaint, or a person acting on behalf of
that person, and the Designated Officer may appear before the Committee to give
information regarding the complaint.
6.02
The Committee hearing a complaint under 6.01 is not required to hear from any persons
other than the persons notified pursuant to 6.01 (b).
6.03
The Committee shall provide its decision in writing together with reasons for the decision
within 15 days after concluding the hearing.
6.04
If the Unsightly Property Abatement Committee determines the order to be valid and that an
unsightly condition exists on the property, the Committee shall notify the owner, or occupant
of the subject property in writing and require the owner, or occupant of the subject property
to remedy, in such manner as the Committee may direct, any condition that constitutes the
unsightly condition.
6.05
The order shall remain registered to the subject Property's Land Title until such time the
order has been complied with or when the County has performed the actions or measures
necessary to remedy the contravention as stated in the order. At such time, the caveat shall
be discharged from the Land Title by the County.
6.06
Any order made by the Unsightly Property Abatement Committee under this part shall require
the owner to remedy the condition constituting the unsightly condition within a period of 30
days, or such other time period that the Committee determines, from the date on which the
order made by the Unsightly Property Abatement Committee is served upon the person.
SECTION 7 - SERVICE OF NOTICE OR COMPLIANCE ORDER
7.01
An order issued for a contravention of this Bylaw may be served:
a.
in the case of an individual:
Bylaw No. 11/23
Unsightly Property
Page 7
i)
by delivering it personally to the individual;
ii)
by leaving it for the individual at their apparent place of residence with
someone who appears to be at least 18 years of age; or
iii)
by registered mail addressed to the individual at their apparent place of
residence or to any address for the individual listed on the tax roll of the
County; or
b.
in the case of a corporation or partnership:
i)
by delivering it personally to any director or officer of the corporation or partner
of a partnership;
ii)
by delivering it personally to a Person apparently in charge of an office of the
corporation or partnership at an address held out by the corporation or
partnership to be its head-office; or
iii)
by registered mail addressed to the registered office of the corporation or
partnership.
7.02
In the event that the methods of service listed in Section 6 of this Bylaw prove, in the opinion
of the Designated Officer, to be impractical or not likely to be successful, service can be
effected by any other means that the Designated Officer determines to be appropriate,
including but not limited to:
a.
posting to the Property;
b.
issuance by regular mail; or
c.
advertising in a local newspaper or similar publication.
SECTION 8 - OFFENCE
8.01
Regardless of whether a Notice or Compliance 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 specified penalty as set out in Schedule "B" herein.
8.02
Any Person who fails to comply with an Notice or Compliance Order issued pursuant to this
Bylaw is guilty of an offence and is liable, upon summary conviction, to a minimum and
specified penalty as set out in Schedule "B" herein.
8.03
In the case of an offence that is of a continuing nature, a contravention constitutes a
separate offence in respect of 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 an amount not less than that established by this
Bylaw for each such day.
SECTION 9 - ENFORCEMENT
9.01
Where an Enforcement Officer has reasonable and probable grounds to believe that a
Person has violated any provision of this Bylaw, the Enforcement Officer may commence
Court proceedings against such Person by:
Bylaw No. 11/23
Unsightly Property
Page 8
a.
issuing the Person a Violation Ticket pursuant to the Provincial Offences Procedure
Act;
b.
or swearing out an information and complaint against the Person.
9.02 Where an Enforcement Officer issues a Person a Violation Ticket in accordance with
Section 9.01 of this Bylaw, the Enforcement Officer may either:
a.
allow the Person to pay the minimum and specified penalty established in "Schedule
B" for the offence by including the penalty in the Violation Ticket; or
b.
require a Court appearance of the Person when the Enforcement Officer believes that
it is in the public interest pursuant to the Provincial Offences Procedure Act.
9.03
No provision of this Bylaw nor any action taken pursuant to any provision of this Bylaw shall
in any way restrict, limit, prevent, or preclude the County from pursuing any other remedy in
relation to an offence as may be provided by the Municipal Government Act or any other law
of the Province of Alberta.
SECTION 10 - FAILURE TO COMPLY WITH COMPLIANCE ORDER
10.01 If a Person to whom an order is issued fails to remedy the Property:
a.
as directed in the order;
b.
as required by the Unsightly Property Abatement Committee ; or
c.
within the time specified, as determined by the County in its sole discretion acting
reasonably;
the County may, through its Designated Officers, employees, agents, or contractors, enter
onto the Property in accordance with the Municipal Government Act in order to remedy the
Property as specified under the order or to otherwise prevent the continuing contravention of
this Bylaw.
10.02 Notwithstanding Section 10.01 of this Bylaw, the County may commence with an application
for a permanent injunction or other orders pursuant to the Municipal Government Act
instead of, or before proceeding to, entering onto the Property to remedy the contraventions
on the Property.
10.03 The County shall not be responsible for any incidental damage that may occur to a Property
subject to an order as a reasonable consequence of the County exercising its rights under
this Bylaw.
10.04 In the event that the County comes into possession of any items as a consequence of
exercising its rights under this Bylaw:
a.
the County shall store those items for a period of 30 days and shall not be required
to return any items stored in accordance with this Section until the Person to whom
an order was issued pays any removal and storage costs incurred by the County;
Bylaw No. 11/23
Unsightly Property
Page 9
b.
After 30 days, any unclaimed items may be disposed of by the County in accordance
with the Municipal Government Act and, if sold, the County may apply any monies
realized from the sale to the expenses and costs incurred by it in accordance with
Section 8 of this Bylaw;
c.
Notwithstanding Section 10.04 (i), if, in the opinion of a Designated Officer, the items
are unsafe, unsanitary, and/or perishable, the items may be disposed of at any time.
SECTION 11 - COUNTY COSTS
11.01 Any expenses or costs incurred through any enforcement action or measure taken by the
County under this Bylaw, including the receipt of legal advice, are amounts owing to the
County by the Owner or any other Person responsible for the contravention of this Bylaw and
may be collected as a civil debt or added to the tax roll for the Property pursuant to the
Municipal Government Act.
SECTION 12 - AUTHORITY TO ENTER PREMISES
12.01 A Designated Officer of the municipality may, as per the Municipal Government Act,
a.
enter such land or structure (other than a residence) at any reasonable time, and
carry out the inspection, enforcement or action authorized or required by this bylaw,
b.
request anything be produced to assist in the inspection, remedy, enforcement or
action, and,
c.
make copies of anything related to the inspection, remedy, enforcement or action.
12.02 Prior to exercising their authority to enter onto a Property to conduct an inspection, the
Designated Officer shall provide the Owner with reasonable notice unless, in the opinion of
the Designated Officer, an emergency or extraordinary circumstance exists pursuant to the
Municipal Government Act.
SECTION 13 - OBSTRUCTION
13.01 No Person shall obstruct, hinder, or impede any Enforcement Officer, Designated Officer,
or County employee, contractor, or agent in the exercise of any of their powers or duties
under this Bylaw or make frivolous or vexatious complaints.
SECTION 14 - GENERAL PENALTIES
14.01 A person convicted of an offence against this bylaw is liable to a fine of not less than One
Hundred Dollars ($100.00) and not more than Ten Thousand Dollars ($10,000.00) or to
imprisonment of not more than 12 months, or to both fine and imprisonment.
SECTION 15 - SEVERABILITY
15.01 Each provision of this Bylaw is independent of all other provisions. If any such provision is
declared invalid by a Court of competent jurisdiction, all other provisions of this Bylaw will
remain valid and enforceable.
Bylaw No. 11/23
Unsightly Property
Page 10
SECTION 16 - REPEAL OF BYLAW
16.01 Bylaw 04/19 is hereby repealed.
SECTION 17 - EFFECTIVE DATE
17.01. This Bylaw shall come into effect at such time as it has received third (3rd) reading and has
been signed in accordance with the Municipal Government Act.
Read the first time this 12th day of April 2023.
Read the second time this 12th day of April 2023.
Read the third time this 26th day of April 2023.
Reeve
Chief Administrative Officer
May 3, 2023
Date of Signing
Bylaw No. 11/23
Unsightly Property
Page 11
Bylaw No. 11/23
Unsightly Property Bylaw
SCHEDULE "A"
MOUNTAIN VIEW COUNTY
UNSIGHTLY PROPERTY ABATEMENT NOTICE
Dated:
To:
And to:
With respect to those premises located at:
Pursuant to the Unsightly Property Bylaw of Mountain View County, the Municipal Government Act
and the Provincial Offences Procedure Act, the above referenced persons as owner, agent, lessee or
occupier of land or premises within Mountain View County shall remedy the following condition(s) on
the above-said land or premises on or before
.
In the event the above conditions are not remedied within the deadline set out above, the County
may thereafter immediately cause to be done any work necessary to remedy the condition, and the
cost will be charged to you and other fines and penalties may result as permitted by the Unsightly
Property Bylaw.
If you feel yourself aggrieved by this Notice, you may appeal the notice by delivering an appeal in
person or sending an appeal by mail to the Secretary of the Unsightly Property Abatement Committee
at Postal Bag 100, Didsbury, AB T0M 0W0, within fourteen (14) days of the date of service of this
Notice on you.
Thank you for your cooperation.
Community Peace Officer
(403) 335-3311
Bylaw No. 11/23
Unsightly Property
Page 12
Bylaw No. 11/23
Unsightly Property Bylaw
SCHEDULE "B"
MINIMUM AND SPECIFIED PENALTIES
SECTION
OFFENCE
MINIMUM
SPECIFIED
PENALTY
SECOND
OFFENCE
THIRD
OFFENCE
3.01
No Person, including the Owner or
Occupant of a Premises, shall cause or
permit the Premises or use of the
Premises to be a Nuisance, Unsightly
Property, or Dangerous Property.
$500.00
$1,000.00
$2,000.00
4.01
Fails to maintain Premises in a
Reasonable State of Repair
$500.00
$1,000.00
$2,000.00
4.02
Fails to secure Unoccupied Building
$500.00
$1,000.00
$2,000.00
4.03
Fails to take steps to prevent pests
$500.00
$1,000.00
$2,000.00
8.02
Failure to comply with Notice or
Compliance Order
$1,000.00
$2,000.00
$3,000.00
13.01
Obstruction
$500.00
$1,000.00
$2,000.00
Bylaw No. 11/23
Unsightly Property
Page 13
Bylaw No. 11/23
Unsightly Property Bylaw
SCHEDULE "C"
FEE SCHEDULE
No fee shall be payable by Mountain View County.
Any appeal made pursuant to Section 5.04 or Section 5.06 shall be accompanied by a fee of
$425.00, which shall be refunded if the applicant's appeal is successful.