Bylaw 2003 Hamlet Nuisance Abatement Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 174e5afa1ffd · verified 2026-06-08 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## BYLAW 2003 OF STARLAND COUNTY IN THE PROVINCE OF ALBERTA, CANADA Being a Bylaw of Starland County, in the Province of Alberta, to regulate, control and abate nuisances, including dangerous and unsightly premises within the hamlets of Starland County, otherwise known as "Nuisance Abatement Bylaw" IND WHEREAS, the Council of Starland County deems it expedient and in the publi nterest to pass a bylaw to establish and enforce minimum standards relating to th state of repair and maintenance of property and to regulate, control and abate Colances, including unsightly premises, within the municipal boundaries of Starland NOW THEREFORE the Council of Starland County, in the Province of Alberta, duly assembled, hereby enacts as follows: ## Part 1 - Citations - 1.1 The Bylaw may be cited as the Starland County "Nuisance Abatement Bylaw". - 1.2 Bylaw 2003 repeals Bylaw 1184 in its entirety upon Bylaw 2003 coming into affect. ## Part 2 - Definitions ## 2.1 In this Bylaw - (a) "Ac"" shall mean the Municipal Government Act, R.S.A. 2000, c. M-26, as amended or repealed and replaced from time to time; - (c) "Abandoned Equipment" means equipment or machinery, which has been rendered inoperative by reason of its disassembly, damage, age or mechanical condition, or any household appliance stored outside of a residence or other structure regardless of whether or not it is in an inoperative condition; - (d) "Abandoned Vehicle" means the whole or any part of any motor vehicle or farm implement that is either: - (i) in a rusted, wrecked, partially wrecked, dismantled, partly dismantled, or inoperative condition, and is not located within a structure or located on Premises such that it can be concealed from view; or - (ii) includes all of the following: - I. no current license plate attached to the vehicle; - Il. no registration certificate issued for the current year - Ill. is inoperative by reason of missing or disassembled parts o equipment; and - IV. is not located within a structure or located on Premises such that it can be concealed from view. 2. (e) "County" means Starland County, in the Province of Alberta; 3. (f) "CAO" means the Chief Administrative Officer of Starland County. 4. (g) "Council" means the municipal council of Starland County; 5. (h) "Designated Officer" means a person appointed to a positior established under Section 210(10) of the Municipal Government Act anc may include but is not limited to a Bylaw Enforcement Officer, Peace Officer, or any other person so authorized to act on behalf of the County. 6. (i) "Loud Noise" means a noise which annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other persons. - i) "Nuisance" means a condition, or the use of, or an emission from property which, in the opinion of a Designated Officer, constitutes an unreasonable interference with the use and enjoyment of other private or public property, and includes, without limiting the foregoing, loud noise, dangerous to public health and safety, a fire hazard, offensive, or an unsightly premises; 8. (k) "Occupant" means any Person other than the Owner who is in possession of the Premises, including, but not limited to, a licensee, tenant or agent of the Owner; - (1) "Owner" means: 10. (i) any Person registered as the Owner of Premises under the Land Titles Act; 11. (ili) a Person who has become the beneficial Owner of the Premises, including by entering into a Purchase and Sale Agreement, whether they have purchased or otherwise acquired directly from the Owner or from another Purchasers, and who has not yet become the registered Owner thereof; 12. (ii) a Person who is recorded as the Owner of Premises on the Assessment Roll of the County; 13. (iv) a Person holding himself 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; 14. (vi) a Person who is the Occupant of the Premises under a lease, license or Permit. 15. (v) a Person in control of Premises under construction; or 16. (m) "Person" means a corporation, partnership, or individual, and the heirs, executors, administrators or other legal representative of an individual; 17. (n) "Premises" means and includes land, buildings, excavations, stockpiles, structures and appurtenances, or any personal property located thereupon, within the municipal boundaries of the County; 18. (o) "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; 19. (p) "Refuse" means 20. all solid and liquid waste, and debris, junk or effluent belonging to or associated with a house or household or any industry, trade or business; - ili. furniture, appliances, machinery or parts thereof; - ii. vehicle parts or accessories; - iv. animal excrement; and - V. any unused or unusable material that by reason of its state, condition Cosinated ricessive accumulation, in the opinion of a 2. (lI) appears to be useless or of no particular value; o 3. appears to have been discarded or abandoned; o 4. '' appears to be used up or worn out in whole or in 5. (a) "Unsightly Condition" means any Premises, whether land, buildings, improvements to lands and buildings, or any other combination of the above, located within the County that, in the opinion of a Designated Officer, is unsightly to such an extent as to detrimentally affect the in reasonable pro use, vathe Unsigny Preof thes uruing premises defied bal to Municipal Governme of ica, Unsightly condition as 6. 2000, c. M-26, as amended. 7. (s) "Violation Ticket" means a ticket issued pursuant to Part 2 of the Provincial Offences Procedure Act. ## Part 3 - General Prohibitions - 3.1 The use of that Premises to Consisue a Nuisa cause or allow that Premises or - 3.2 n Owner or Occupant of Premises shall not cause or allow that Premises come a danger to public safety or an Unsightly Premis - 3.3 No Person shall cause, permit, or allow Refuse, Abandoned Equipment or Abandoned Vehicles to collect, accumulate or to be stored upon Premises owned or occupied by him. - 3.4 No Person shall cause, permit or allow Refuse, Abandoned Equipment or Abandoned Vehicles accumulate in any building or structure within the County, except in appropriate containers provided for the 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. - 3.5 Conditions constituting a Nuisance or Unsightly Condition may include, but are not be limited to: - a) the accumulation of Refuse or other waste products on the Premises; - b) the dingumalation of animal material, yard material, ashes or scrap - ) the presence or accumulation of an Abandoned Vehicle or Vehicle bandoned Equipment or household appliances - d) the presence or accumulation of animal carcasses, hazardous materials, noxious fumes, manure or sewage; - e) the presence of shrubs, trees, weeds or other vegetation which, as a result of its location on the Premises has caused or is causing damage to adjacent properties, or which is obstructing a sidewalk, highway or public place, including the obstruction of sight lines desirable for the safe operation of motor vehicles on a highway within the County; - f) the flow of water from a hose, eaves trough, or downspout or similar device on the Premises positioned such that it is likely that the water from the hose, eaves trough, downspout or similar device will enter the Adjacent Premises or property; - g) the open or exposed storage on the Premises of any industrial fluid, including, but not limited to, engine oil, brake fluid, or antifreeze; 2. being carried out on the Premises and that the ndertaking has begun or the beginning of the work is imminent; an hat the material is stacked or stored in an orderly manner 3. atmosphere - j) the failure to dispose of Refuse or other waste products accumulating in temporary containers upon the Premises; 5. i Improvemens, or prains of buidings, structures or improvements; 6. , broken or missing windows aves or other building materia siding, shingles, shutters, - ili. significant fading, chipping, peeling or absence of painted areas of buildings, structures or improvements on the Premises; or - iv. conditions that may create a danger to public health and safety, including a fire hazard, in the opinion of a Designated Officer. - 1) any form of scrap, litter, trash, or waste of any kind; - m) uncut grass or the presence of weeds, which in the opinion of the Designated Officer, are excessive or which demonstrate neglect by the Owner or Occupant of the Premises, which Premises is to include the land at the front of the Premises to the center of the roadway and that land at the back of the Premises to the center of the alley, if applicable; - n) No person shall allow property or a thing under their control or owned by that person to be used so that there originates from that property or hing any loud noise or continuous noise which disturbs the peace comfort, or repose of other persons 12. In determinina whether Premises are a Nuisance or constitute an Unsigh ondition a Desianated Officer may have regard to the use and location of tl Premises. ## Part 4 - Enforcement - For the purposes of inspection and enforcement under this Bylaw, a Peace Officer is a Designated Officer for the County. - 4.2 A Designated Officer may, for the purposes of ensuring that the provisions of his Bylaw are being complied with, enter upon any Premises 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. ## STARLAND COUNTY BYLAW 2003 NUISANCE ABATEMENT BYLAW required by the Act · For the purposes of this Bylaw, FORTY EIGHT (48) HOURS is deemed to be reasonable notice. - 4.4 Where a 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. - An Order issued by a Designated Officer under section 4.4 may, in the case of a Nuisance or Unsightly Premises: - (a) direct the Person to whom the Order is issued to stop doing something, or change the way in which the Person is doing that thing; - (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 trees, shrubs and foliage, 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 within 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 County may take any action or measure reasonable, with such expenses being recoverable against the Person responsible, in accordance with the provisions of the - (e) notify the Person responsible of the right to apply by written notice for a review of the Order by the CAO, and any fee required for such an application, as set out in Schedule "A" - 4.6 Any expenses or costs of any action or measure taken by the County pursuant to this Bylaw are an amount owing to the County by the Owner, Occupant or any other Person responsible for the contravention, or any or all of them. - 4.7 If the County 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 expenses and costs incurred by the County 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. - 4.8 The expenses and costs incurred by the County in the enforcement of this Bylaw may be collected as a civil debt or added to the tax roll for the Premises pursuant to the Act. - 4.9 The County 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 Premises that is the subject of the Order. - 4.10 If a caveat is registered pursuant to section 4.9 of this Bylaw, the County mus! discharge the caveat when 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 - 4.11 An Order issued pursuant to this Bylaw is deemed to have served on the Person 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 i addressed by registered mail; o ## STARLAND COUNTY BYLAW 2003 NUISANCE ABATEMENT BYLAW - (c) inethe case ofither the registered oratic or eisters addresses the either the registered office or business address of the partnership or corporation; or - 1) in the event that the County is unsuccesstul in its attempts to serve t rder pursuant to subsections (a), (b), or (c) above, a Designated Offic ## Part 5 - Nuisance Complaint Process - 5.1 Designated Officer may investigate any compliant received in relation to al visance or Unsiahtly Premises. Such investigation may include but is n mited to a drive by inspection of the Premises or an inspection of the Premise ursuant to section 542 of the Ao - 5.2 A Designated Officer, upon determining that a Premise is in a Nuisance or Unsightly Premises, may issue a warning or an Order to the Owner, Occupant, Person responsible for the contravention or any or all of them. ## Part 6 - Review - 3.1 A Person to whom an Order is issued pursuant to section 4.4 may request review of the Order by written notice to the CAO within FOURTEEN (14) day: of the date on which the Order is received by that Person. Upon review of the order, the CAO may confirm, vary, substitute or cancel the Order. - 6.2 If an Order is to be reviewed by the CAO under section 6.1, the CAO shall: - (a) set a time and place to hear the review; and - (b) notify the Person to whom the Order was issued of the time and place of the review. - 6.3 The CAO hearing an appeal under section 6.1 is not required to hear from any Person other than a Person notified pursuant to section 6.2. - 6.4 Any Order confirmed, varied or substituted by the CAO under this part shal require the Person to whom the Order is issued to remedy the contraventior within a specified period of time. ## Part 7 - Appeal to the Court of Queen's Bench - 7.1 Any Person affected by the decision of the CAO under section 6.1 may appeal to the Court of Queen's Bench of Alberta pursuant to section 548 of the Act. ## Part 8 - Offences - 8.1 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. - 8.2 Notwithstanding section 8.1 of this Bylaw, any Person who commits a second, third or subsequent offence under this Bylaw within one (1) year of committing the first offence, is liable to an increased penalty as set out in Schedule "A" herein. - 8.3 Under no circumstances shall any Person contravening any provision of this Bylaw be subject to a penalty of imprisonment. ## Part 9 - Violation Tags - 9.1 A Designated Officer is hereby authorized and empowered to issue a Violation Tag or by another name bylaw ticket, to any person who the Designated Officer has reasonable and probable grounds to believe has contravened any provision in this Bylaw. - 9.2 A Violation Tag may be issued to such person: - (a) either personally; or - (b) by mailing a copy to such person at their last known address; - 9.3 The Violation Tag shall be in a form approved by the County and shall state - (a) the name of the Property Owner; the offense; - (c) that the penalty shall be paid within thirty (30) days of the issuance of the Violation Tag; and - (b) the appropriate penalty for the offence as specified in Schedule "A" of this Bylaw; - (d) any other information as may be required by the County. - 9.4 Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be issued by the Designated Officer, provided however, that no more than one Violation Tag shall be issued for each day that the Contravention continues. - 9.5 Nothing in this Bylaw shall prevent a Designated Officer from immediately issuing a Violation Ticket. ## Part 10 - Violation Tickets - 10.1 A Designated Officer is hereby authorized and empowered to issue a Violation Ticket to any Person to whom the Designated Officer has reasonable grounds to believe has contravened any provision of this Bylaw; - 10.2 In those cases where a Violation Tag has been issued and if the penalty specified on a Violation Tag has not been paid within the prescribed time, then a Designated Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part 2 of the Provincial Offences Procedure Act R.S.A 2000, c. P-34, as amended. - 10.3 Notwithstanding Section 8.2 of this Bylaw, a Designated Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to Part 2 of the Provincial Offences Procedure Act R.S.A 2000, c-P-34, as amended, to any person who the Designated Officer has reasonable grounds to believe has contravened any provision of this Bylaw, and the Designated Officer need not first issue a Violation Tag for a contravention of any provision of this Bylaw. - .4 A Violation Ticket issued with respect to a violation of this Bylaw may be serv on the Person responsible for the contravention in accordance with t Provincial Offences Procedure Act. - 0.6 Where a Clerk of the Court records in the court records the receipt of oluntary payment pursuant to this Bylaw and the Provincial Offence specified penalty ## Part 11 - Severability and Coming into Force ## STARLAND COUNTY BYLAW 2003 NUISANCE ABATEMENT BYLAW - 1.1 Should any provision of this Bylaw be invalid, then the invalid provision shall b severed, and the remainder of the Bylaw shall be maintainec - 11.2 The Bylaw shall come into force upon receipt of its third and final reading. First Reading on motion of Deputy Reeve Sangent his Q'day of October, A.D., 2024. Second Reading on motion of Councillor Landry, this Git, day of October, A.D., 2024. Third and final reading on motion of Reve Wonastrop this Gthday of October, A.D., 2024 Done and finally passed in Council, duly assembled, this 9'hday of October, A.D., 2024.   She letion Reeve: Steven Wannstrom Chief Administrative Officer: Christopher Robblee  Starland County ## STARLAND COUNTY BYLAW 2003 NUISANCE ABATEMENT BYLAW ## FEE SCHEDULE Any appeal made pursuant to section 6.1 shall be accompanied by a fee of $300.00, which shall be refunded if the applicant's appeal is successful. ## SPECIFIED PENALTIES | OFFENCE: | SPECIFIED PENALTY | |----------------------------------------------|---------------------| | Contravention of any Provision of this Bylaw | $500.00 | | Second Offence within one year | $1,000.00 | | Third or subsequent Offence within one year | $1,500.00 | All Costs and Expenses incurred by Starland County or contractors acting on behalf of Starland County to remedy the conditions will be added to the tax roll for the premises or as otherwise stated in this Bylaw. ## Bylaw 2003 ## "Schedule A"