This is the exact embedded text of the captured official document.
Snapshot aa79fb6c505e · verified 2026-06-08 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
BYLAW #1945-07
Current as of:
Amending Bylaw 1985-09 adopted April 7, 2009
Amending Bylaw 2131-20 adopted August 4, 2020
A BYLAW OF THE TOWN OF STETTLER, IN THE PROVINCE OF ALBERTA, TO REGULATE NUISANCES
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26, as amended or repealed and
replaced from time to time, provides the Council of the Town of Stettler with the authority to
pass bylaws respecting Nuisances;
AND WHEREAS the Safety Codes Act, R.S.A. 2000, c. S-1, as amended or repealed and
replaced from time to time provides the Council of the Town of Stettler with the authority to
establish minimum standards for the maintenance of buildings and structures;
NOW THEREFORE the Council of the Town of Stettler, pursuant to the authority conferred
upon it by the laws of the Province of Alberta, hereby enacts as follows:
SECTION 1 - SHORT TITLE
1. This bylaw may be referred to as The Town of Stettler "Nuisance Bylaw".
SECTION 2 - DEFINITIONS
2. The following words shall be defined terms for the purpose of this bylaw:
2.1
"Abandoned Equipment" means equipment or machinery, which has been
rendered inoperative by reason of its disassembly, damage, age or mechanical
condition, and includes, but is not limited to, any household appliance stored
outside of a residence or other Structure regardless of whether or not it is in an
inoperative condition.
2.2
"Abandoned Vehicle" means the whole or any part of any Motor Vehicle or
farm implement that is in a rusted, wrecked, partly wrecked, dismantled, partly
dismantled, or inoperative condition, and is not located in a Structure or
located on Property such that it can be concealed from view.
2.3
"Bylaw Enforcement Officer" means a Bylaw Enforcement Officer appointed by
the Town, pursuant to the Municipal Government Act, for the purpose of enforcing
the Town's bylaws, and includes a member of the Royal Canadian Mounted
Police and, when authorized, a Special Constable.
2.4
"Council" means the Municipal Council of the Town of Stettler.
2.5
"Motor Vehicle" means a vehicle propelled by any power other than muscular
power, or a moped.
2.6
"Municipal Government Act" means the Municipal Government Act, R.S.A. 2000,
c. M-26, as amended or repealed and replaced from time to time.
2.7
"Nuisance" means any condition or use of, or emission from, Property which, in
the opinion of a designated officer, is unsightly, offensive, dangerous to public
health or safety or which interferes with the use or enjoyment of other Property
and includes, without limiting the forgoing, those conditions set out at Section
3.2.
2.8
"Order" means an order issued by a designated officer in accordance with
section 5.4 as described in Section 545 of the Municipal Government Act.
2.9
"Owner" means any Person registered as the owner of Property under the Land
Titles Act, R.S.A. 2000, c. L-4, as amended or repealed and replaced from time
to time;
2.10
"Person" means a corporation, partnership, or individual, and the heirs, executors,
administrators or other legal representatives of an individual.
2.11
"Property" means any lands, or Structures on lands, including any personal property
located thereupon, within the municipal boundaries of the Town.
2.12
"Provincial Offences Procedures Act" means the Provincial Offences Procedures
Act, R.S.A. 2000, c. P-34, as amended or repealed and replaced from time to time.
2.13
"Reasonable State of Repair" means the condition of being:
2.13.1
structurally sound;
2.13.2
free from damage, rot or other deterioration; and
2.13.4
safe for its intended use.
2.14
"Refuse" means all solid and liquid waste including, but not limited to: organic and
inorganic household, yard and garden waste, building materials, tires, boxes or
any other form of waste or garbage.
2.15
"Structure" means a building, improvement or other thing erected or placed in,
on, over or under land.
2.16
"Violation Tag" means a tag or similar document issued by the Town pursuant to
the Municipal Government Act for the purpose of notifying a Person that an
offence has been committed for which a prosecution may follow.
2.17
"Violation Ticket" means a ticket issued pursuant to Part 2 of the Provincial Offences
Procedure Act.
3.
SECTION 3 - NUISANCES
3.1
No Person shall cause or allow Property or his use of Property to constitute a
Nuisance.
3.2
Conditions in, on, or around Property that constitute a Nuisance shall include, but
not be limited to:
3.2.1
the accumulation of Refuse;
3.2.2
the presence of Abandoned Vehicles and Abandoned Equipment;
3.2.3
grass or weeds in excess of twenty (20) centimeters in length;
3.2.4
the presence of animal carcasses, hazardous materials, noxious fumes,
manure or sewage;
3.2.5
the presence of trees, shrubs, or other vegetation that interferes with
civic works or any public utilities and shall include the obstruction of a
sidewalk, highway or public place;
3.2.5.1
Any trees, shrubs or bushes along a public street or alley need
to be trimmed back at least two (2) feet from the edge of
the public street or alley to ensure vehicles can pass by
without touching the branches or leaves.
3.2.5.2
Any trees, shrubs, or bushes along a public street or alley
need to be trimmed up to a minimum height of fifteen (15)
feet to allow the passage of larger vehicles and recreational
vehicles and trailers.
3.2.6
the failure to keep Property in a Reasonable State of Repair; and
3.2.7
the presence of excavations, structures, materials or any other hazard or
condition which poses a danger to public safety.
4.
SECTION 4 - MAINTENANCE STANDARDS
4.1
All Structures on Property shall be maintained so that:
4.1.1
the foundations;
4.1.2
exterior walls;
4.1.3
roof;
4.1.4
windows, including frames, shutters and awnings;
4.1.5
doors, including frames and awnings;
4.1.6
steps and sidewalks; and
4.1.7
fences;
are kept in a Reasonable State of Repair.
4.2
All fixtures, improvements, renovations, or additions to any Structure on Property,
including but not limited to:
4.2.1
exterior stairs;
4.2.2
porches;
4.2.3
decks;
4.2.4
patios;
4.2.5
landings;
4.2.6
balconies; or
4.2.7
other similar structures
shall be maintained in a Reasonable State of Repair.
5.
SECTION 5 - INSPECTION AND ENFORCEMENT
5.1
For the purpose of inspection and enforcement under this bylaw, a Bylaw
Enforcement Officer is a designated officer.
5.2
A designated officer may enter any Property in the Town in order to carry out an
inspection, enforcement or other action required or authorized by this Bylaw, the
Municipal Government Act, or any other statute.
5.3
Before conducting an inspection or enforcement under Section 5.2, a designated
officer shall provide the Owner or occupant of the Property with reasonable
notice as required by the Municipal Government Act.
5.4
Where contravention of this Bylaw has occurred or is occurring, a designated
officer may issue an Order to the Owner of the Property or any other Person
responsible for the contravention, or both of them.
5.5
An Order issued by a Designated Officer under Section 5.4 may:
5.5.1
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;
5.5.2
direct the Person to take any action or measure necessary to remedy
the contravention of this Bylaw, including but not limited to improving
the appearance of the Property or Structure, cutting or removing trees
and shrubs, and removing or demolishing a Structure that is in
contravention of this Bylaw;
5.5.3
state a time period within which the Person must comply with the
directions stated in the Order;
5.5.4
state that if the Person does not comply with the directions provided in
the Order within a specified time the Town may take any action or
measure reasonably necessary to remedy the contravention and may
charge the Person for costs incurred to remedy the contravention.
5.6
An Order issued by a designated officer under Section 5.4 shall notify the Person to
whom the Order is issued of the right to apply by written notice for a review of the
Order by Council, and the required fee for such application as set out in Schedule
"B".
5.7
An Order issued under this Bylaw may be served
5.7.1
in the case of an individual:
5.7.1.1
personally to the individual, or
5.7.1.2
by leaving it for the individual at his residence with a Person
on the premises who appears to be at least eighteen (18)
years of age;
5.7.2
in the case of a partnership or corporation, personally or by registered
mail to either the registered office or business address of the partnership
or corporation.
5.8
Notwithstanding subsection 5.7, a copy of the Order may be posted in a
conspicuous place on the Property referred to in the Order if service cannot
otherwise reasonably be effected.
6.
SECTION 6 - RECOVERY OF COSTS
6.1
The costs of any action or measure taken by the Town under this Bylaw are an
amount owing to the Town by the Owner of the Property or any other Person
responsible for the contravention, or both of them.
6.2
If the Town sells all or part of a Structure that has been removed under this Bylaw,
the proceeds of the sale must be used to pay the costs of the removal and any
excess proceeds must be paid to the Person entitled to them.
6.3
The costs incurred by the Town in the enforcement of this Bylaw may be collected
as a civil debt or, in the case of an Order issued to an Owner where all or a portion
of the contravention occurred on the Owner's Property, added to the tax roll of
the Property that is the subject of the enforcement proceedings under this Bylaw.
6.4
The Town may register a caveat under the Land Titles Act in respect of an Order
issued under this Bylaw against the certificate of title for the Property that is the
subject of the Order.
6.5
If the Town registers a caveat under Section 6.4, the Town must discharge the
caveat when the Order has been complied with or when the Town has performed
the actions or measures referred in the Order.
7.
SECTION 7 - REVIEW OF ORDER
7.1
A Person to whom an Order is issued pursuant to Section 5.4 may request a review
of the Order by written notice to Council and payment of the required application
fee within fourteen (14) days of the day on which the Order is received by that
Person.
7.2
A Notice under Section 7.1 shall state the Person's reasons for disagreement with
the Order and set out the relief sought from Council in the review.
7.3
Upon review of the Order, Council may confirm, vary, substitute or cancel the
Order.
7.4
A Person affected by a decision of Council under Section 7.2 may appeal to the
Court of Queen's Bench, in accordance with Section 548 of the Municipal
Government Act.
8.
SECTION 8 - OFFENCES
8.1
Any Person who fails to comply with an Order issued under Section 5 is guilty of an
offence.
8.2
Notwithstanding whether an Order has been issued under Section 5, 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 and in
default of payment of any fine, to imprisonment for up to six months."
9.
SECTION 9 - VIOLATION TAG
9.1
A Bylaw Enforcement Officer is hereby authorized and empowered to issue a
Violation Tag to any Person, whom the Bylaw Enforcement Officer has reasonable
grounds to believe has contravened any provision of this Bylaw.
9.2
A Violation Tag shall be served in a manner set out in Section 5.7 above.
9.3
The Violation Tag shall be in a form approved by the Chief Administrative Officer
and shall state:
9.3.1
the name of the Person to whom the Violation Tag is issued;
9.3.2
a description of the Property upon which the offence has been
committed, if applicable;
9.3.3
a description of the offence and the applicable Bylaw Section;
9.3.4
the appropriate penalty for the offence as specified in Schedule "A"
of this Bylaw;
9.3.5
that the penalty shall be paid within twenty-two (22) days of the
issuance of the Violation Tag in order to avoid prosecution; and
9.3.6
any other information as may be required by the Chief Administrative
Officer.
9.4
Where a Violation Tag has been issued pursuant to this Bylaw, the Person to whom
a 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.
10.
SECTION 10 - VIOLATION TICKET
10.1
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 may issue a Violation Ticket, pursuant to Part 2 of the Provincial Offences
Procedure Act, to the Person to whom the Violation Tag was issued.
10.2
Notwithstanding Section 10.1, a Bylaw Enforcement Officer may immediately issue
a Violation Ticket to any Person whom the Bylaw Enforcement Officer has
reasonable grounds to believe has contravened any provision of this Bylaw.
10.3
A Violation Ticket issued with respect to a violation of this Bylaw shall be served
upon the Person responsible for the contravention in accordance with the
Provincial Offences Procedure Act.
10.4
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 by this Bylaw.
10.5
When a clerk records in the Court records the receipt of a voluntary payment
pursuant to Section 7.10 and the Provincial Offences Procedure Act, that act of
recording constitutes acceptance of the guilty plea and also constitutes the
conviction and the imposition of a fine in the amount of the specified penalty.
11.
SECTION 11 - SEVERABLITY and COMING INTO FORCE
11.1
Should any provision of this Bylaw be invalid, then the invalid provision shall be
severed and the remainder of this Bylaw shall be maintained.
11.2
Bylaw 1596 and all amendments thereto, are hereby repealed.
11.3
This Bylaw shall come into force upon receipt of its third and final reading.
READ a first time this 17th day of July, 2007
READ a second time this 17th day of July, 2007.
READ a third time and passed this 17th day of July, 2007.
_______________________________________
Mayor
________________________________________
Director of Finance and Administration
Schedule "A"
Penalties
Any Person that breaches a provision of the Town of Stettler Nuisance and Unsightly Premises
Bylaw or an Order made thereunder may be subject to a fine of:
a.
$300.00 for the first offence; and
b.
$500.00 for any subsequent offences committed within twelve (12) months of the first
offence.
Schedule "B"
Fees
A written notice requesting review of an Order by Council pursuant to Section 7 shall be
accompanied by a fee of $50.00 that shall only be returned to the applicant in the event
that the whole of the Order is revoked by Council.