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BYLAW NO. 2009-533
BEING A BYLAW OF THE VILLAGE OF MUNSON IN THE
amended, provides that Council may pass bylaws for municipal purposes respecting the safety, health and welfare of people; the protection of people and property; nuisances; services provided by or on behalf of the municipality; public utilities; and the enforcement of bylaws AND WHEREAS, no Owner or Occupant in control of property, land, premises or
## PROVINCE OF ALBERTA TO REGULATE UNSIGHTLY PROPERTY WHEREAS, the Municipal Government Act RSA 2000, c M-26 and regulations as
building shall permit, suffer, continue or allow to be continued an unsightly condition on that property, land, premises or building; AND WHEREAS, Section 546 of the Municipal Government Act RSA 2000 c M-26 and regulations as amended, authorizes Council to require the owner of the property that is in
hereby enacts as follows:
an unsightly condition to improve the appearance of the property. NOW, THEREFORE, the Council of the Village of Munson, in the Province of Alberta,
TITLE
1. This Bylaw may be referred to as the "Unsightly Property Bylaw"
DEFINITIONS
## 2. In this Bylaw, unless the content requires:
- a) "Act" means the Municipal Government Act RSA 2000 c-M-26 and regulations made under the Municipal Government Act as amended;
- b) "Adjacent" means land that is contiguous to the land that is the subject of a complaint and includes land or portion of land that would be contiguous
3. or hospitals, kennels or feed lots; d) "Bylaw" means the Village of Munson Bylaw 2009-530 as may be
4. if not or a public road, railway, right-of-way, public utility lot or reserve c) "Animal Material" means any animal excrement and includes all material accumulated on premises from pet pens, yards, stables, veterinary clinics
amended from time to time;
- e) "Bylaw Enforcement Officer" means a person appointed to enforce the provisions of this Bylaw, and includes a member of the Royal Canadian
2. Munson and includes any Person that the Chief Administrative Officer may appoint as the designate for purposes of carrying out his responsibilities under this Bylaw and further includes any person that maybe appointed to act in the absence of the Chief Administrative Officer; g) "Council" means the Municipal Council of the Village of Munson;
3. Mounted Police and, when authorized, a Special Constable. "Chief Administrative Officer" means the Person appointed to the position of Chief Administrative Officer by the Council of the Village of
- h) "Designated Officer" is defined under Section 210 of the Municipal
Government Act
- i) "Improvement" means a structure or anything attached or secured to a
structure that would be transferred without special mention by a transfer or sale of the structure, including but not limited to a manufactured home or mobile home, or machinery and equipment.
j) "Occupant" means any person other than the Registered Owner who is in possession of the Property, including, but not restricted to, a lessee,
- action necessary to remedy the contravention of this Bylaw or the Act. I) "Owner" includes the person shown as the owner on the Land Title for a property, the occupant of a premises, the lessee or tenant of a premises or
- tenant or agent of the Owner. k) "Order" means a document issued by a Designated Officer pursuant to s.6 of the Bylaw or s.545 or s.546 of the Act requiring any Person to take any
m) "Person"
company or organization of any kind.
- the owner or operator of a commercial operation, as the case may require; means any person, firm, partnership, association, corporation,
- n) "Premises" means and includes land, buildings, excavations, stockpiles,
- within the municipal boundaries of the Village; o) "Property" means a parcel of land; and improvement, or; a parcel of land
structures and appurtenances, or any personal property located thereupon,
and the improvements to it.
- p) "Structure" means a building or other thing erected or placed in, on, over
or under land, whether or not it is so affixed to the land as to become
- transferred without special mention by a transfer or sale of the land. q) "Village" means the Village of Munson, a Municipal Corporation in the
- boundaries of the Village of Munson, as the context may require r) "Unsightly Property" property described in Section 3 of this Bylaw
Province of Alberta, or the geographical area contained within the
- s) "Violation Tag" means a tag or similar document issued by the Village
pursuant to the Act;
- t) "Violation Ticket" means a ticket issued pursuant to Part 11 of the
2. repealed and replaced from time to time, and any Regulations thereto
Provincial Offences Procedures Act, RSA 2000, c P-34, as amended or
UNSIGHTLY PROPERTY
## 3. Unsightly Property is Property that, in the opinion of the Designated Officer, is
in s.546 of the Act
detrimental to the surrounding area because of its unsightly condition as defined
- Some factors which may be considered by a Designated Officer in determining
whether property is Unsightly Property include the following:
- a) the presence of uncut grass or weeds
- b) the presence of wrecked or dismantled vehicles, including vehicles that
are inoperable and unregistered
- c) the storage or accumulation of waste, litter, refuse (including but not
2. dilapidated furniture or appliances, machinery, parts or other similar materials or items, human excrement, sewage, the whole or a part of an animal carcass, petroleum products, hazardous materials d) the whole or part of any motor vehicle as defined under the Traffic Safety
limited to building materials, tires, boxes, scrap material), equipment,
Act, R.S.A. 2000c T-6 as amended, as well as any tractor or implement
of husbandry which has no current license plate attached to it and in respect of which, no registration certificate has been issued for the current
- 2) which in operative by reason of disassembly, age or mechanical
condition
- 3) equipment or machinery which has been rendered inoperative by
reason of its disassembly, age or mechanical condition includes
- any household appliances which is rusted, wrecked, partially wrecked, dismantied, partly dismantled, or inoperative condition, and is not located within a
occupant of any land or premises within the Village of Munson
- structure or located on Premises such that it can be concealed No person being the owner, lessee, tenant, agent, manager, or
- shall allow a dilapidated or derelict vehicle to remain on the aforementioned land or premises for a period of more than
fourteen (14) days.
e) Notwithstanding Section 4(d) a person being the owner, lessee, tenant,
- Munson, may allow a dilapidated or derelict vehicle to remain on the aforementioned land or premises provided that: The vehicle is contained within a structure, authorized under the Land Use Bylaw for the Village which it
agent, manager, or occupant of any land or premises within the Village of
ii)
- neighboring property or public area. The tarpaulin cannot be in a ripped or torn state. The tarpaulin can be requested to be replaced as needed. specific or general lack of repair or maintenance including but not limited
to:
- prevents it from being viewed from any neighboring property or public area The vehicle is covered by a tarpaulin or other device which prevents it from being viewed from any
f)
1. significant deterioration of Improvements or portions of Improvements;
2. bruter, even ringer buding siding, shingles,
3. significant fading, chipping or pealing of painted
areas of improvements;
g) the location, zoning, use and visibility of property
- h) that the owner, lessee, tenant or agent of the owner be required to cut
grass including that on boulevards, alleys and ditches which abuts or
1)
to prevent seeding and the cutting of grass on public or private property
- flanks a property occupied by him or her; weed, prune trees or shrubs which interfere with lines, poles or conduits or other works of the Village; providing for the eradication of dandelions and noxious weeds or plants
- j) the flow of water from a hose, eaves trough, or downspout or similar
- from the hose, eaves trough, downspout or similar device will enter the Adjacent Premises or property k) the accumulation of building materials, whether new or used unless the
device on the premises positioned such as that it is likely that the water
Owner or Occupant can
- undertaking is being carried out on the Premises and that the undertaking
establish that a construction or renovation k) the accumulation of building materials, whether new or used unless the
1)
- undertaking is being carried out on the Premises and that the undertaking has begun or the beginning of the work is imminent; and that the material is stacked or stored in an orderly manner No person being the owner, lessee, tenant, agent, manager, or occupant of any land or premises within the Village of Munson, shall allow:
Owner or Occupant can establish that a construction or renovation
- i. A commercial vehicle with a gross vehicle weight (GVW) rating in excess of 9000 pounds to remain on site or street
2. in a residential or mobile home district for longer than is reasonably necessary to load or unload the vehicle and not being more than 24 hours ii. Any vehicle to be parked within the Village of Munson that contains dangerous goods.
INSPECTION
A Designated Officer may inspect Property in accordance with Section 542
of the Act for the purposes of determining whether:
- a) Property is Unsightly Property under this Bylaw because its unsightly condition is detrimental to the surrounding area in accordance with s. 546 of
the Act
- b) there has been compliance with an Order issued under s.7 of this Bylaw;
- c) there has been compliance with an Order issued in accordance with
subsection 546(1)(c) of the Act
- m) The Village may apply to the Court of Queen's Bench to authorize inspection and enforcement in accordance with s.543 of the Act if a
2. person refuses to allow or interferes with entry for inspection.
ORDER
n) If, in the opinion of a Designated Officer, Property is detrimental to the
- Officer may issue a written Order in accordance with subsection 546 (1) (c) of the Act to the owner or occupant of the property to improve the appearance of the property in the manner specified within a period of ten REMEDY UNSIGHTLY CONDITION OF PROPERTY
surrounding area because of its unsightly condition, the Designated
## o) If an Order has been issued under s.7 of this Bylaw and not complied within the time period set out in that Order, the Village may take
- whatever actions or measures are necessary to: a. deal with the unsightly condition of the Property in accordance with s.550 of the Act; and,
- b. collect any unpaid costs or expenses incurred by the Village in
accordance with the Act
- The costs and expenses of the actions or measures taken by the Village are
charged in addition to any penalty imposed under this Bylaw.
REVIEW OF ORDERS
## p) A Person who receives an Order may by written notice, within seven (7)
days after the order is received, request Council to review the Order in
- accordance with subsection 547 (1) (b) of the Act
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REPEAL OF BYLAW
## 18. That Bylaw #96-442 and amendments thereto are hereby repealed
EFFECTIVE DATE
## 19. This Bylaw shall take effect at the date of final passing thereof.
Read a first time this 22 day of July 2009
Read a second time this
Read a third time this
22 - day of July
\_ 2009.
22 day of July
\_2009.
Mayer David Panderkolk
Administrator Lyle Cariezel
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SCHEDULE A
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Specified Penalties
Offence SCHEDULE A
Specified Penalty
Contravention of any Provision of this Bylaw
Second Offence within one year
Third or subsequent Offence within one year
| $700.00 |
|-----------|