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Village of Veteran
Unsightly Premises Bylaw #555-23
Page 1
VILLAGE OF VETERAN
BYLAW 555-23
UNSIGHTLY PREMISES BYLAW
________________________________________________________________________
BEING A BYLAW OF THE VILLAGE OF VETERAN IN THE PROVINCE OF
ALBERATA, TO REGULATE NUISANCES, UNTIDY AND UNSIGHTLY
PREMISES.
WHEREAS, under section 7 (c) of the Municipal Government Act of Alberta being
Chapter M-26 of the Revised Statutes of Alberta 2000 and amendments thereto, the
Council of the Village of Veteran may pass a bylaw for municipal purposes preventing
nuisances, including unsightly property and the safety, health and welfare of people and
the protection of people and property.
NOW THEREFORE, THE COUNCIL OF THE VILLAGE OF VETERAN DULY
ASSEMBLED ENACTS AS FOLLOWS:
1.
TITLE:
1.1
This Bylaw may be cited as the "Unsightly Premises" Bylaw
2.
DEFINITIONS:
1) "Abandoned and/or Derelict Vehicle" means the whole or any part of any
Motor Vehicle or farm equipment that is unregistered or in a rusted, wrecked,
partly wrecked, dismantled, partly dismantled, or missing equipment necessary
for its operation, making it inoperable.
2) "Bylaw Enforcement Officer" means to carry out the powers, duties and
functions under the Municipal Government Act, Weed and Pest Control Act or
any other Act and those powers, duties and functions assigned by the Chief
Administrative Officer and appointed by the Village of Veteran Council.
3) "Municipal Tag" means a tag or similar document issued by the Village
pursuant to the Municipal Government Act that alleges a bylaw offence and
provided a person with the opportunity to pay an amount to the Village in lieu
of prosecution for the offence.
4) "Occupant" means any person residing on or to be in apparent possession or
control of property or a structure, including but not limited to a lessee.
5) "Order" means an Order as described in Section 545 or 546 of the Municipal
Government Act, as applicable.
6) "Owner" means in the case of land, to be the registered owner under Land Titles
Act as the owner of the fee simple estate in a parcel of land or in the case of
personal property, to be in lawful possession or have the right to exercise control
over it or to be the registered owner of it.
7) "Recreation Vehicle" includes, but not limited to any trailer, watercraft, off-road
vehicle, motor home, travel trailer, tent trailer, fifth wheel, camper when not
mounted on a truck but placed on the ground or stand, or any similar vehicle,
regardless of whether it is capable of being transported, driver or drawn on a
highway.
8) "Reasonable State of Repair" means structurally sound, and free from damage,
rot or other deterioration and safe for its intended use.
9) "Violation Ticket" means a ticket issued pursuant to the Provincial Offences
Procedures Act, RSA 2000.
10) "Nuisance" for the purpose of this bylaw includes any use of or activity upon
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Village of Veteran
Unsightly Premises Bylaw #555-23
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any property which is offensive to any person, or destructive or harmful or has
or may have a detrimental impact upon any person or other property in the
neighbourhood, or anything troublesome or bothersome to other people for
which complaints are received, and without limiting the generality of the
foregoing, includes the following:
3.
Grass, Weeds, Trees & Shrubs
1)
The failure to cut grass, dandelions or weeds in excess or 7 inches; and
2)
The failure to maintain shrubs, trees or other vegetation that interferes
with civic works, or any public utilities and shall include the obstruction of
a sidewalk, alley or roadway or any other land owned or maintained by
the Village; and
3)
Failure to maintain the grass on the boulevard adjacent to the property;
and
4)
The failure to destroy restricted weeds, control noxious weeds, or
prevent the spread or scattering of nuisance weeds; and
5)
The use of any pesticide or herbicide which is not available to the
general public and has significant detrimental or environmental
effects on surrounding areas.
4.
Control of Litter, Debris, Trash & Garbage
1)
The failure to remove from the property the accumulation of any material
that creates unpleasant odours, or any material that attracts or harbours
vermin or pests; and
2)
The storage or accumulation of or failure to dispose of discarded furniture
and fixtures, including but not limited to tables, mattresses, water heating
tanks, stoves, furnaces, fences, gates, broken household dishes and utensils
and other discarded fixtures, household appliances, loose garbage,
rubbish, ashes, all forms of grass, tree, shrub and hedge clippings, empty
or partly empty tins, bottles, containers, boxes, cartons, packaging
material, discarded paper and fabric, scrap metals, scrap lumber,
construction related garbage, large boxes and crates, oil drums and similar
unwieldly materials, discarded tires, parts of disassembled machinery,
equipment or appliances and motor vehicle parts.
5.
Animal Debris/Pests
1)
No person shall allow their pet (cat/dog) to defecate on public or private
property that is not their own. A person who has allowed their cat or dog
to defecate on property other than their own shall forthwith remove it; and
2)
No person shall allow an accumulation of animal or human excrement,
sewage, whole or a part of an animal carcass or any animal remains; and
3)
The failure to control or eliminate insect pests harmful to the growth and
development of trees and shrubs or any vegetable or plant life.
6.
Structures/Abandoned Buildings
1)
The failure to keep a property in a reasonable state of repair, including but
not limited to broken or missing windows, doors, stairs, landings,
balconies, patios, fences, siding, shingles or other building materials; and
2)
Any structure, erection of a structure that is unsightly or has become
ruinous or dilapidated; and
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Village of Veteran
Unsightly Premises Bylaw #555-23
Page 3
3)
Any structure, excavation or hole that is unsafe, unprotected or dangerous
to public health or a safety hazard; and
4)
Any materials or other hazard or condition that poses a danger to public
health or a safety hazard.
7.
Accessory Buildings & Fences
1)
The failure to maintain an accessory building, structure or fence such that
it deteriorates, becomes unsightly or becomes a safety hazard.
8.
Motor Vehicles including Recreational Vehicles
1)
Residential properties may only have one (1) unregistered or
dilapidated vehicle on the property; and
2)
No person shall park any recreational vehicle, attached or unattached
trailer or holiday trailer on any portion of their front yard, except on an
approved driveway or parking pad, or on a roadway except for the purpose
of loading and unloading for a period not exceeding 1 week or 168 hours;
and
3)
No person shall park any recreational vehicle so as to encroach on to a
sidewalk, curb or roadway; and
4)
No person shall park a recreational vehicle on the roadway after
November 1st.
9.
Repair of Motor Vehicles/Salvage Yards
1)
A person may conduct repair work on motor vehicles, including repairs,
auto body work, frame repair, collision repair, auto painting, auto detailing
or modifications to the body or rebuilding of a motor vehicle, on any site
in a residential district provided that;
a)
The activity does not create a nuisance or noise complaints from
neighbourhood;
b)
There is no escape of offensive, annoying or noxious odours,
fumes or smoke from the site;
c)
Vehicle fluids oil, gasoline products or other hazardous materials
are properly stored and disposed of and not swept or washed into lanes,
streets, or down storm sewers;
d)
All discarded vehicle parts and materials are properly stored and
disposed of from the site;
e)
No power washing of motor or power train is performed on the
site;
f)
All building and fire code regulations are met.
2)
All outdoor salvage yards, auto wreckers, or other business which by
their nature appear untidy, shall be obscured by approved screening from
surrounding properties.
3)
The Council, or the CAO, shall have the authority to direct the owner of
any property that is in contravention of this Bylaw to:
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Village of Veteran
Unsightly Premises Bylaw #555-23
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a)
Erect a minimum six foot high fence around the property as set out
in an order directed by Council as per the current Land Use Bylaw
guidelines;
b)
Clear and improve that property as the Council may direct.
10.
Inspections & Enforcement
1) For the purpose of enforcement under this bylaw, a Bylaw Enforcement
Officer is a Designated Officer.
2) Before conducting an inspection or enforcement under Section 9.1, a
designated offer shall provide the owner or occupant of the property with
reasonable notice as require by the Municipal Government Act;
3) A designated officer may enter any property in the Village, in accordance
with Section 542 of the Municipal Government Act, after reasonable
notice has been given, in order to carry out an inspection, enforcement or
other action required or authorized by this Bylaw, the or any other statue.
4) Where contravention of this Bylaw has occurred or is occurring, a Designated
Officer may direct the owner or occupant of the property upon which a
nuisance or unsightly or untidy condition exists as follows:
a)
Issue a verbal or written warning to remedy the problem;
b)
Issue a violation tag specifying a voluntary penalty to be paid;
c) Issue a violation ticket specifying a voluntary penalty to be paid;
d) Issue a violation ticket directing that the owner or occupant appear
before a Provincial Court Judge;
e) Issue and Order under Section 545 or 546 of the MGA to remedy the
nuisance or unsightly property;
f) Any combination of the above.
7) If the person to whom the order is directed does not satisfactory comply with
the directions of the order as specified by the Designated Officer or, in the
event of a review, as sp ecified by Council:
a)
A Designated Officer may enter into a process to enforce the terms
of the order in accordance with provisions to the MGA;
b)
The expenses incurred to process and execute an order constitute a
debt owed to the Village from the person to whom the order is
directed.
c)
The CAO shall send a demand for payment of these expenses by
regular mail to the person to whom the order was directed.
d)
If the person to whom the order was directed fails to pay, the
expenses incurred by the Village will become an amount owing to the
Village and may be added to the tax roll pursuant to the MGA.
11. Violations
1) A municipal tag shall be deemed to be sufficiently served:
a)
If served personally on the accused, or
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Village of Veteran
Unsightly Premises Bylaw #555-23
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b)
If mailed to the address of the registered owner of the vehicle
concerned, or the person concerned, or,
c)
If attached to or left upon the vehicle in respect of which the offence
is alleged to have been committed.
2) A violation ticket will be issued in those cases where a municipal tag has
been issued and the penalties specified on the municipal tag have not been
paid within the prescribed time. Then a Designated Officer is hereby
authorized and empowered to issue a Violation Ticket, pursuant the
Provincial Offense Procedure Act, R.S.A. 2000, c.P-34 as amended.
3) Notwithstanding Section 10.2 of this Bylaw, a Designated Officer is hereby
authorized and empowered to immediately issue a Violation Ticket to any
person whom the Designated Officer has reasonable and probable grounds to
believe has contravened any provision of this Bylaw.
4) The levying and payment of any fines shall not relieve a person from the
necessity of remedying the situation that created the violation of any section
of this bylaw.
12.
Penalties
Any person who contravenes any provision of any section of this Bylaw is guilty
of an offence and is liable, upon summary conviction, to a penalty set out in
"Schedule A".
13.
Severability
The invalidity of any provision of this Bylaw shall not affect the validity of
the remainder.
14.
Repeal
Bylaw #505-11 and any amendments are hereby repealed.
Read a first time this 23rd day of May, 2023.
Read a second time this 23rd day of May, 2023.
Read a third and final time this 23rd day of May, 2023.
______________________________
________________________________
Mayor
CAO
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Village of Veteran
Unsightly Premises Bylaw #555-23
Page 6
Schedule "A"
Fines & Penalties
Any person that breaches a provision of the Village of Veteran Unsightly Premises Bylaw
or an Order made thereunder may be subject to a fine of:
1. First Offence
$100
2. Second Offence
$250
3. Third Offence
$500 for any subsequent offences committed within
twelve (12) months of the first offence.