Community Standards Bylaw #492-12

Vilna, Alberta · adopted 2012-11-19

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November 19, 2012 Page 1 of 13 BYLAW No. 492-12 A BYLAW OF THE VILLAGE OF VILNA, IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF REGULATING COMMUNITY STANDARDS AND CONTROLLING AND REDUCING NUISANCES AND UNSIGHTLY CONDITIONS WITHIN THE VILLAGE OF VILNA. WHEREAS, under the authority of the Municipal Government Act, being Chapter M-26 the Revised Statutes of Alberta and amendments thereto, a Council may pass bylaws respecting the following matters: a) the safety, health and welfare of people and the protection of people and property; b) nuisances, including noise and unsightly properties; and c) clearing of all snow, ice, dirt and other obstructions from the sidewalks situated on land adjoining the property owned or occupied by them. AND WHEREAS, under the authority of the Safety Codes Act, being Chapter S-1 of the Revised Statutes of Alberta and amendments thereto, a Council may pass bylaws regarding maintenance standards for buildings and other structures; NOW THEREFORE, the Council of the Village of Vilna, in the Province of Alberta, duly assembled enacts as follows: 1. NAME 1.1. This Bylaw shall be cited as the "Community Standards Bylaw". 2. ENFORCEMENT 2.1. The Village of Vilna is not required to enforce this Bylaw or parts of this Bylaw. In deciding whether to enforce this Bylaw or parts of this Bylaw the Village may take into account any practical concerns, including available municipal budget and personnel resources. 3. DEFINITIONS 3.1. "Boulevard" means that part of a Highway that: 3.1.1. is not a roadway, and 3.1.2. is that part of the Sidewalk that is not especially adapted to the use of or ordinarily used by pedestrians. 3.2. "Building" means anything constructed or placed on, in, over or under land but does not include a Highway. 3.3. "Bylaw Enforcement Officer" means a Person authorized by Council to carry out the provision of the Bylaw, or the Chief Administrative Officer of the Village of Vilna or designate. 3.4. "Chief Administrative Officer" means the individual appointed as such under the Municipal Government Act R.S.A. 2000, c. M-26 as amended or repealed and replaced from time to time and regulation there under, by Council, also known as the "Village Manager" or "CAO". 3.5. "Council" means the Council of the Village of Vilna. 3.6. "Designated Officer" means any person assigned or delegated by the CAO to perform specific duties. 3.7. "Fire" means any combustible material in a state of combustion. 3.8. "Fire Chief" means a Manager of Vilna Fire Department who performs the duties and responsibilities of a Fire Chief. 3.9. "Fire Department" means that Village department duly appointed as the Fire Department by Council or the Fire Chief. 3.10. "Highway" means any thoroughfare, street, road, trail, avenue, parkway, driveway, viaduct, lane, alley, square, bridge, causeway, trestle way or other place or any part of them, whether public or privately owned, that the public is ordinarily entitled or permitted to use for the passage or parking of vehicles. 3.11. "Land Use Bylaw" means the Village's Land Use Bylaw, as amended. 3.12. "Motor Vehicle" means a vehicle propelled by any power other than muscular power, excluding mobility aids, i.e. mobility scooters and motorized wheelchairs. 3.13. "Nuisance" or" Unsightly Condition" in respect of Property means Property that shows serious disregard for general maintenance and upkeep, whether or not it is detrimental to the surrounding area as further described in Section 5.3 of this bylaw. November 19, 2012 Page 2 of 13 3.14. "Occupier" means a Person occupying Property, including a lessee or licensee, who has actual use, possession or control of the Property. 3.15. "Owner" means the registered Owner of Property shown as the Owner of a parcel of land on the Village assessment roll prepared by the Village pursuant to the Municipal Government Act. 3.16. "Person" means any individual (referred to as "he", whether male or female), firm, partnership, association, corporation, trustee, executor, administrator or other legal representative. 3.17. Property" means real Property and any Building, and improvements thereon. 3.18. "Sidewalk" means that part of a Highway especially adapted to the user or ordinarily used by pedestrians and includes that part of a Highway between the curb line, or where there is no curb line, the edge of the Highway and the adjacent Property line whether or not it is paved or improved. 3.19. "Village" means the Municipal Corporation of the Village of Vilna, as represented by either Council or the CAO or designate. 3.20. "Violation Notice" means a written or verbal communication issued by the Village pursuant to the Municipal Government Act, indicating that a property or situation is in violation of some part of the Community Standards Bylaw and gives a timeline for compliance. 3.21. "Violation Tag" means a tag or similar document issued by the Village pursuant to the Municipal Government Act R.S.A. 2000, c. M-26 as amended or repealed and replaced from time to time and regulations there under, indicating that the offence identified in the "Violation Notice" has not been rectified, and that the Village will now arrange to have the offence rectified at a cost to the offender including cost to rectify, plus administration costs, plus a penalty for not addressing the issue when first notified . 3.22. "Weed" means any plant designated as either a noxious weed or prohibited noxious weed in accordance with the Weed Control Act, R.S.A, c. W-5.1 as amended or repealed and replaced from time to time and regulations there under. 4. INTERPRETATIONS 4.1. An Owner is ultimately responsible for all activities on their Property which may constitute an infraction of this bylaw. 4.2. Nothing in this bylaw relieves a Person from complying with any Federal or Provincial statute or regulation. 4.3. Marginal notes and headings in this bylaw are for reference purposes only. 5. PROPERTY MAINTENANCE/LAND AND BUILDINGS 5.1. For the purpose of this part, a Person who is the Owner or Occupier shall be considered to occupy the Boulevard and Sidewalks immediately adjacent to their Property. 5.2. A Person shall not cause or permit a nuisance or unsightly condition to exist on Property they own or occupy. 5.3. A Nuisance or Unsightly Condition in respect of Property means Property that shows serious disregard for general maintenance and upkeep, whether or not it is detrimental to the surrounding area, including but not limited to: 5.3.1. excessive accumulation of material including Building materials, appliances, household goods, boxes, tires and vehicle parts whether of apparent value or not; 5.3.2. loose litter, garbage, garden or lawn waste, refuse or animal feces, whether located in a storage area, collection area or elsewhere on the Property; 5.3.3. unkempt grass or Weeds; 5.3.4. any excavation, depression, drain or ditch, watercourse, pond, surface water or other matter or thing that may be dangerous to the public safety or health; 5.3.5. production of any generally offensive odor originating from the Property; 5.3.6. any tree, shrub, other type of vegetation or any structure that: 5.3.6.1. interferes or could interfere with any public work or utility; 5.3.6.2. obstructs any Sidewalk or Highway adjacent to the Property; or November 19, 2012 Page 3 of 13 5.3.6.3. impairs visibility required for safe traffic flow at any intersection adjacent to the Property; 5.3.7. the failure to keep Property in a reasonable state of repair, which includes, but is not limited to: 5.3.7.1. the significant deterioration of buildings, structures, fences or improvements, or portions of buildings, structures or improvements; 5.3.7.2. broken or missing windows, doors, doorframes, siding, stairs, steps, hand railings, landings, balconies, patios, fences, shingles, shutters, eaves, or any other building material; 5.3.7.3. significant fading, chipping, peeling, rotting or absence of paint on areas of buildings, structures, fences, or improvements on the Property; or 5.3.7.4. conditions that may create a danger to public safety in the opinion of a Bylaw Enforcement Officer. 5.4. In the case of salvage yards, auto wreckers or other businesses which by their nature appear to be untidy or unsightly, the Property shall be obscured from view by approved screening from surrounding Properties. 5.5. In the case of private or general contractors during the construction, renovation or demolition of a Building, the Property shall be kept in a reasonable condition so as not to constitute a nuisance and shall secure all manner of debris so as to prevent it from blowing onto any other private or public Property. 5.6. No more than two (2) dilapidated, derelict or inoperable Motor Vehicles, whether or not insured or registered, may be allowed on any Property. Such Motor Vehicles shall be covered by a tarpaulin or placed in an approved structure in accordance with the Land Use Bylaw. 5.7. Notwithstanding Section 5.6, Motor Vehicles that may be considered dilapidated or derelict due to an incident or accident, may be stored on a Property but for no more than 14 days. 5.8. At no time shall Motor Vehicles referred to in Sections 5.6 and 5.7 be stored in any front yard other than in a parking area where Motor Vehicles are intended to be parked. 6. UNOCCUPIED BUILDINGS 6.1. If a Building is unoccupied, any and all doors and window openings in the Building shall be secured in a manner sufficient to prevent unauthorized entry into the Building while at the same time not detracting from the appearance of the Building. 7. WATER, EAVES TROUGHS, DOWNSPOUTS 7.1. No Owner or Occupier of a Property shall allow a flow of water from a hose or similar device on the Property to be directed toward an adjacent Property 7.2. An Owner or Occupier of a Property shall direct any rainwater, sump pump emissions, downspout or eaves trough on the Property towards the: 7.2.1. Front of the Property; 7.2.2. Rear of the Property; 7.2.3. Side yard which does not abut another Property; or 7.2.4. A side yard which abuts another Property only if there is a minimum of 6 (six) metres of permeable ground between the outfall of the downspout or eaves trough and the adjacent Property. 8. OBSTRUCTION ON ROADWAY 8.1. No person shall park a vehicle in such a manner to block or impede Pedestrians on a sidewalk or a crosswalk. 8.2. No person shall park a vehicle on any street or alley in such a manner as to impede through traffic, except: 8.2.1. for the specific purpose of loading and unloading, and for a duration not to exceed 30 minutes. 8.3. No Person shall place any goods, wares, merchandise or any other article upon a Sidewalk or Highway outside any shop, warehouse or other Building so as to obstruct or cause a hazard to pedestrian or vehicular traffic. November 19, 2012 Page 4 of 13 8.4. Any sign, notice or other object placed on or beside a Highway or other public lands, shall be removed without notice or warning to the Person or Persons erecting it unless placement of the object is authorized pursuant to the Land Use Bylaw. 8.4.1. Permitted signs, notices, or other objects placed on or beside a highway or other public lands, shall have reflective tape or paint sufficient as to be visible from a moving vehicle. 9. SNOW, ICE, DEBRIS OR OBSTRUCTION 9.1. The Owner or Occupier of any Property adjacent to a Sidewalk is responsible for the removal of all ice and snow from that portion of the Sidewalk within Forty Eight (48) hours of a snow fall or rain fall. 9.2. Where an Owner or Occupier anticipates being absent, the Owner or Occupier must make arrangements to ensure the Sidewalks are maintained in accordance with this bylaw. 9.3. No Person shall remove snow, ice, dirt, debris or other materials from any Sidewalk or Property and place such items: 9.3.1. onto any portion of a Highway; 9.3.2. onto any other public place adjacent to such Property; or 9.3.3. onto any Property other than their own unless permission is obtained. 9.4. Notwithstanding section 9.3., an Owner or Occupier of a Property indicated in Schedule "B" of this bylaw may remove snow from the Sidewalk abutting their Property onto the roadway of the Highway abutting their Property, and only if: 9.4.1. the snow can be moved into a storm water ditch and not obstruct the natural flow of traffic or snow removal equipment. 9.5. An Owner or Occupier of a Building abutting or within three (3) meters of any Highway or public place, shall remove snow or ice that has accumulated on the roof, eaves or awning to the extent that a danger or risk is created to the public passing or the Property of others. The corrective action shall be undertaken immediately with due care for the warning and safety of public passing or the Property of others. 9.6. If water drips from a Building or awning upon a Sidewalk or Highway, the Owner or Occupier of the Property shall clean the Sidewalk or Highway portion thereof to prevent ice from forming thereon. 9.6.1. It is the Owner or Occupier's responsibility to ensure that proper eavestroughing is in place and in good repair so as to prohibit water from draining onto a sidewalk or other pedestrian walk way. 9.7. Where an Owner or Occupier fails to comply with section 9.1, the Village may cause the Sidewalk to be cleared of any snow or ice at the expense of the Owner or Occupant, in accordance with the provisions of Section 16 (Enforcement) of this Bylaw. In default of payment the amount owed may be added to the tax roll for the Property and shall form a special lien against the Property and shall be collected in like manner as Property taxes. 10. OUTDOOR FIRES 10.1. In this part a fire hazard means a possible source of danger or risk of injury or harm by fire to a Person or Property. 10.2. Where the Fire Chief or a Bylaw Enforcement Officer determines a fire hazard to exist, they may order the Owner or Occupier to reduce or remove the hazard within a fixed time. 10.3. Under any circumstance, if a fire is deemed to be out of control, such as to warrant the actions of the Fire Department, the Owner/Occupier of the property shall be liable for all firefighting costs. 11. FIRE PIT STANDARDS 11.1. In this part a fire pit means an outdoor receptacle used for recreational fire that meets the following specifications: 11.1.1. The location is at least 4.5 meters (14.8) feet from any Building, Property line or combustible material; 11.1.2. The opening does not exceed 82 cm (32 inches) in width or in diameter; November 19, 2012 Page 5 of 13 11.1.3. The installation has enclosed sides made of non-combustible material; 11.1.4. It has spark arrester mesh screen cover with an opening no larger than 1.25 cm (1/2 inches); 11.1.5. Is not located over any underground utilities or under any above ground wires. 11.1.6. Existing Fire receptacles shall be grandfathered with the understanding that in the event of an incident, the property owner shall be liable for all costs. 11.2. When using a fire pit there shall be no burning of grass, weeds, leaves, tree limbs, garden refuse, garbage or other material and not anything contrary to federal, provincial or municipal legislation or regulations. 11.3. Every Owner or Occupier who builds, ignites or allows a fire in an approved fire pit must ensure that: 11.3.1. Only dry or seasoned wood intended for recreational purposes is used; 11.3.2. A means of extinguishing the fire is kept on hand at all times while the fire is burning; 11.3.3. The flames from the fire do not exceed 1 meter in height at any time; 11.3.4. The fire is supervised at all times by a responsible person; 11.3.5. Prior to leaving the fire, the fire is extinguished completely, leaving only cold ashes. 11.4. Any Community organization wishing to host a public event with a bonfire shall first apply to the Vilna Fire Department for a Permit. 12. FIRE BAN 12.1. Notwithstanding any provision of this or any other bylaw the Council or Fire Chief or their designate may declare a partial or complete ban on burning of any kind within the Village Limits. 12.2. No Person shall build, ignite or allow any kind of Fire contrary to a fire ban declared by the Fire Chief or their designate. 13. FIREWORKS 13.1. Prior to storing or discharging fireworks within the Village of Vilna, a permit must first be obtained from the Vilna Fire Department. 14. NOISE 14.1. Except to the extent it is allowed by this bylaw, no Person shall make, continue, cause or allow to be made or continued any loud, unnecessary or unusual noise which annoys, disturbs, injures, endangers or detracts from the comfort, repose, health, peace or safety of other Persons within the limits of the Village. 14.2. Domestic Noise: No Person shall operate motorized yard maintenance equipment in a residential area unless: 14.2.1. It is between the hours of 8:00 a.m. and 10:00 p.m., Monday to Friday; or 14.2.2. It is between the hours of 9:00 a.m. and 10:00 p.m., Saturday, Sunday and statutory holidays. 14.3. Snow clearing device: no Person shall operate a snow clearing device powered by an engine of any type in a residential area except during the hours as described in Section 14.2.1 or 14.2.2. 14.4. Construction Noise 14.4.1. No Person shall carry on construction activities of any type which involves hammering, sawing or the use of any mechanical tools or equipment capable of creating a sound which may be heard beyond the boundaries of the site on which the activity is being carried on in any district other than one designated in the Land Use Bylaw as an Agricultural District or an Industrial District unless it is between the hours of 8:00 a.m. and 10:00 p.m., Monday to Friday or 9:00 a.m. and 9:00 p.m., Saturday, Sunday and statutory holidays. 14.4.2. The provision of the section does not apply to any work of an emergency nature. November 19, 2012 Page 6 of 13 15. MISCELLANEOUS RESTRICTIONS AND PROHIBITIONS 15.1. The Owner or Occupier is responsible for any object or goods disposed of or from the Property onto any portion of a Highway or ditch or boulevard. 15.2. No person shall service vehicles on streets or roadways; 15.3. A Motor Vehicle found to be leaking engine, transmission or brake fluid, antifreeze or any other environmentally harmful fluids of any type shall be deemed to constitute a danger to public safety and may be towed away and the fluids removed from the street at the expense of the registered Owner of the Motor Vehicle. 15.4. No Person shall dispose of anything into a sewer, manhole, or catch basin excepting those Persons authorized by issuance of a permit by the CAO and at those sites so designated by the CAO or as outlined in the Utilities Bylaw for the Village. 15.5. No Person shall tamper with or remove a manhole cover or valve cover from its seat base without authorization from the CAO. 16. ADDRESSING 16.1. The Owner of a Property on which a Building has been erected shall display the civic address number assigned to the Property at a location plainly visible from the Highway in front of Property. 17. ENFORCEMENT 17.1. A Bylaw Enforcement Officer or CAO, or designated officer is hereby authorized to enforce the provisions of this Bylaw. 17.2. Where an Owner or Occupier fails to comply with an order, the Owner shall be liable for all expenses and costs should the Village undertake the required work, including administration costs as defined in Schedule "A" of this Bylaw, and penalty for non-compliance. In default of payment the amount owed shall be a lien against the land and shall be collected in like manner as Property taxes. 18. ORDER TO REMEDY 18.1. Pursuant to the Municipal Government Act, if a designated officer believes, on reasonable grounds, that a Person is contravening this bylaw, the designated officer may, by written or verbal order require any Person responsible for the contravention to remedy it. A verbal order must be followed up with a written notice. 18.2. The order may: 18.2.1. direct a Person to stop doing something, or to change the way in which the Person is doing it; 18.2.2. direct a Person to take any action or measures necessary to remedy the contravention of this bylaw and if necessary to prevent a re-occurrence of the contravention; 18.2.3. state a time within which the Person must comply with the directions; 18.2.4. state that if the Person does not comply with the directions within a specified time, the Village will take the necessary actions or measures required to remedy the contravention, at the expense of the Person including administrative costs and penalty. 18.3. Pursuant to the Municipal Government Act the expenses and cost of an action or measure taken by the Municipality under this section are an amount owing to the Municipality by the Person who contravened the bylaw. 18.4. Pursuant to the Municipal Government Act, a Council may add the following amount to the tax roll of a parcel of land: 18.4.1. Unpaid expenses and costs referred to in the Municipal Government Act, if the Owner of the Property contravened the bylaw and the contravention occurred on all or part of the Property. 18.4.2. Any administrative charges as set in Policy by Council resolution as amended from time to time. 18.5. A Person named in and served with an order issued pursuant to this section shall comply with any action or measure required to be taken within the time specified. 18.6. An order issued pursuant to this section may be served: November 19, 2012 Page 7 of 13 18.6.1. in the case of an individual: 18.6.1.1. by delivering it personally to the individual, 18.6.1.2. by leaving it for the individual at their apparent place of residence with someone who appears to be a least 18 years of age, or 18.6.1.3. by mail addressed to the individual at their apparent place of residence or to any address for the individual on the tax roll or utility roll of the Village (a letter is deemed to have been receive d 5 days after it has been mailed); and 18.6.2. in the case of a corporation: 18.6.2.1. by delivering personally to any director or officer of the corporation, 18.6.2.2. by delivering it personally to a Person apparently in charge of an office of the corporation at an address held out by the corporation to be its address, or 18.6.2.3. by mail addressed to the registered office of the corporation, as indicated on the tax roll, utility roll, or business license (a letter is deemed to have been receive d 5 days after it has been mailed). 19. OBSTRUCTION 19.1. A Person shall not obstruct or hinder any Person in the exercise or performance of the Person's powers pursuant to this bylaw. 20. GENERAL 20.1. Without restricting any other power, duty or function granted by this bylaw, the Chief Administrative Officer or designate, or any Bylaw Enforcement Officer may: 20.1.1. Carry out any inspection to determine compliance with this bylaw, or take any steps or carry out any action required to enforce this bylaw, or 20.1.2. Take any steps or carry out any actions required to remedy a contravention of this bylaw, or 20.1.3. Establish investigation and enforcement procedures with respect to Property and such procedures may differ depending on the type of Property and offence in question. 21. APPEAL PROCEDURE 21.1. A Person who receives a written order under this bylaw may request Council to review the order. 21.2. Prior to requesting an appeal the full amount of the penalty, if applicable le, plus costs shall be paid. 21.3. The request to review the order shall deliver, within ten (10) days of the date the order is mailed, a written appeal request, to the Chief Administrative Officer, that includes an explanation and reason for appeal, along with the appeal fee, as described in Schedule "C". 21.4. The order shall be deemed received within 5 days of mailing. 21.5. After reviewing the compliance order Council may confirm, vary, substitute or cancel the order. 21.6. Should Council chose to cancel the order, the appeal fee along with the full penalty and costs shall be refunded. 22. OFFENCES & PENALTIES 22.1. A Person who contravenes any provision of this bylaw is guilty of an offence. 22.2. A Person who is guilty of an offence is liable, to a specified penalty for that offence as set out in Schedule "A" to this Bylaw. 22.3. Notwithstanding section 20.2 of this bylaw, any person who commits a second or subsequent offence under this bylaw within one (1) year of committing a first offence under this Bylaw, is liable to the fine as set out in Schedule "A" of this Bylaw, for that offence. 23. VIOLATION NOTICE November 19, 2012 Page 8 of 13 23.1. A Bylaw Enforcement Officer is hereby authorized and empowered to issue a Violation Notice to any Person whom the Bylaw Enforcement Officer has reasonable grounds to believe has contravened any provision of this bylaw. 23.2. A Violation Notice may be served: 23.2.1. in the case of an individual: 23.2.1.1. by delivering it personally to the individual; 23.2.1.2. by leaving it for the individual at the apparent place of residence with someone who appears to be a least 18 years of age; or 23.2.1.3. by mail addressed to the individual at the apparent place of residence or to any address for the individual on the tax roll of the Village; and 23.2.2. in the case of a corporation: 23.2.2.1. by delivering personally to any director or officer of the corporation; 23.2.2.2. by delivering it personally to a Person apparently in charge of an office of the corporation at an address held out by the corporation to be its address; or 23.2.2.3. by mail addressed to the registered office of the corporation. 23.3. A Violation Notice issued pursuant to this Bylaw shall state: 23.3.1. the name of the Person to whom the Violation Tag is issued; 23.3.2. a description of the Property upon which the offence has been committed, if applicable; 23.3.3. a description of the offence and the applicable bylaw section; 23.3.4. the time period in which the specified contravention must be rectified; 23.3.5. the consequence if the contravention is not rectified; and 23.3.6. any other information as may be required by the Chief Administrative Officer. 24. VIOLATION TAGS 24.1. 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, has been served a notice to rectify and has not complied. 24.2. A Violation Tag may be served: 24.2.1. in the case of an individual: 24.2.1.1. by delivering it personally to the individual; 24.2.1.2. by leaving it for the individual at the apparent place of residence with someone who appears to be a least 18 years of age; or 24.2.1.3. by mail addressed to the individual at the apparent place of residence or to any address for the individual on the tax roll of the Village; and 24.2.2. in the case of a corporation: 24.2.2.1. by delivering personally to any director or officer of the corporation; 24.2.2.2. by delivering it personally to a Person apparently in charge of an office of the corporation at an address held out by the corporation to be its address; or 24.2.2.3. by mail addressed to the registered office of the corporation. 24.3. A Violation Tag issued pursuant to this Bylaw shall be in a form approved by the Chief Administrative Officer and shall state: November 19, 2012 Page 9 of 13 24.3.1. the name of the Person to whom the Violation Tag is issued; 24.3.2. a description of the Property upon which the offence has been committed, if applicable; 24.3.3. a description of the offence and the applicable bylaw section; 24.3.4. the appropriate penalty for the offence as specified in Schedule "A" of this Bylaw; 24.3.5. the time period in which the specified penalty must be paid in order to avoid prosecution for the alleged offence; and 24.3.6. any other information as may be required by the Chief Administrative Officer. 24.4. Where a Violation Tag has been issued pursuant to this Bylaw, the person to whom the Violation Tag has been issued shall pay to the Village, the applicable costs, administrative fees as well as the penalty specified on the Violation Tag. 24.5. Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a Violation Tag. 25. SEVERABILITY 25.1. It is the intention of Council that each separate provision of this bylaw shall be deemed independent of all other provisions, and it is further the intention of Council that if any provision of this bylaw be declared invalid, that provision shall be deemed to be severed and all other provisions of the bylaw shall remain in force and effect. 26. REPEAL OF BYLAWS 26.1. Bylaw #356 Nuisance Bylaw, Bylaw # as amended, are hereby repealed upon the final passing of this bylaw. 27. COMING INTO FORCE 27.1. This Bylaw shall come into full force and effect upon the day it receives third and final reading by Council READ a first time in Council this 16th day of July, 2012 READ a second time in Council this 19th day of November, 2012 READ a third time in Council this 19th day of November, 2012 _________________________________ Donald Romanko, Mayor . SEAL __________________________________ Loni Leslie, CAO November 19, 2012 Page 10 of 13 Administrative Costs 17.2 Failure to Comply with an Order $75.00 $75.00 Community Standards Bylaw #492-12 Schedule "A" Penalties and Costs PENALTIES Section No. Offence Penalty 1st Offence Penalty 2nd and subsequent Offences 5.2 Unsightly Premises $100.00 $150.00 5.3.1 Excessive accumulation of materials $100.00 $150.00 5.3.2 Loose Litter or Garbage not properly stored $100.00 $150.00 5.3.3 Unkempt yard $100.00 $150.00 5.3.5 Creating odor $50.00 $100.00 5.3.6.1 Tree interferes with Public Works $100.00 $150.00 5.3.6.2 Tree obstructing sidewalk or highway $50.00 $100.00 5.3.6.3 Trees obstructing visibility $50.00 $100.00 5.3.7 Property showing significant deterioration $100.00 $150.00 5.5 Debris during construction or demolition $100.00 $150.00 5.6 More than 2 derelict vehicles $100.00 $150.00 5.7 Derelict vehicles longer than 14 days untarped $100.00 $150.00 5.8 Vehicles in front yard $100.00 $150.00 6.1 Not securing unoccupied building $100.00 $150.00 7 Water flowing onto adjacent property $100.00 $150.00 8.1 Obstructing Sidewalks $50.00 $100.00 8.2 Obstructing Flow of Traffic $50.00 $100.00 8.3 Objects on sidewalk to cause obstruction $50.00 $100.00 8.4 Placing signs on roadways without a permit or reflective tape $50.00 $100.00 9.1 Removal of snow or ice $100.00 $150.00 9.3 Placing of snow off property $50.00 $100.00 9.6 Removal of snow from eaves $50.00 $100.00 10.2 Fire hazard $100.00 $150.00 11.1.1 Fire pit not meeting guidelines $50.00 $100.00 11.1.2 Fire pit opening too large $50.00 $100.00 11.1.3 Non-combustible material $50.00 $100.00 11.1.4 Fire pit with no spark arrester $50.00 $100.00 11.1.5 Fire pit placed over or under utility line $50.00 $100.00 11.2 Burning of refuse $100.00 $150.00 11.3.2 No extinguisher available $50.00 $100.00 11.3.4 Fire unsupervised $50.00 $100.00 11.3.5 Leaving unextinguished fire $50.00 $100.00 11.4 Community Bonfire without permit Letter $ 50.00 12.2 Burning during Fire Ban $100.00 $150.00 13. Storing or Discharging Fireworks $50.00 $100.00 14.1 Noise $100.00 $150.00 14.2 Operation of Power yard equipment $50.00 $100.00 14.3 Operation of Snow Clearing device $50.00 $100.00 14.4 Construction off time limit $50.00 $100.00 15.1 Servicing vehicle on street $100.00 $150.00 15.2 Leaking Vehicle $100.00 $150.00 15.3 Disposing into sewer $500.00 $750.00 15.4 Tampering with manhole cover or water valve $500.00 $750.00 16.1 Display of Property Address Letter $50.00 19.1 Obstructing enforcement $100. $150.00 November 19, 2012 Page 11 of 13 COMMUNITY STANDARDS BYLAW #492-12 SCHEDULE "B" Snow Removal November 19, 2012 Page 12 of 13 SCHEDULE "C" COMMUNITY STANDARDS BYLAW #492-12 VILLAGE OF VILNA VIOLATION NOTICE NAME: ___________________________________________ ADDRESS: _________________________________________ ___________________________________________ PROPERTY OWNER, if different from above: ____ _________ DATE: __________________ BYLAW SECTION: _________ ________________________ TAX ROLL #_______________ BYLAW#________________________SECTION #_________________________________________ VIOLATION: ______________________________________________________________________ ____________________________________________________________________________________________ ____________________________________________________________________ PENALTY FOR NON COMPLIANCE: $____________________ COST TO RECTIFY NON COMPLIANCE: $__________________ ADMINISTRATIVE CHARGES $___________________________ TOTAL COSTS FOR NON COMPLIANCE $___________________________ PENALTY NOT PAID TOTAL COSTS SHALL BE ADDED TO THE PROPERTY TAX ROLL. _________________________________________ _________________________________ Bylaw Enforcement Officer Date NOTICE # _________ November 19, 2012 Page 13 of 13 SCHEDULE "D" COMMUNITY STANDARDS BYLAW #492-12 VILLAGE OF VILNA VIOLATION TAG NAME: ___________________________________________ ADDRESS: _________________________________________ ___________________________________________ PROPERTY OWNER, if different from above: ____ _________ DATE: __________________ BYLAW SECTION: _________ ________________________ TAX ROLL #_______________ NOTICE #________________ DESCRIPTION OF OFFENCE: _________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ ________________________________________________________________ DATE GIVEN TO HAVE VIOLATION RECTIFIED: __________________________________________ PENALTY FOR NON COMPLIANCE: $____________________ COST TO RECTIFY NON COMPLIANCE: $__________________ ADMINISTRATIVE CHARGES $___________________________ TOTAL COSTS FOR NON COMPLIANCE $___________________________ Penalty Due Date: ________________________ Penalties and costs are to be paid to: Village of Vilna, Box 10, Vilna, AB T0A 3L0, 5135 - 50 Street, Vilna Alberta _________________________________________ _________________________________ Bylaw Enforcement Officer Date OFFENCE TAG NUMBER __________