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VULCAN COUNTY
Vulcan - Alberta
BYLAW 2019-022
Being a Bylaw of Vulcan County, in the Province
of Alberta, to enhance the livability of residential
areas within the County's borders by regulating,
controlling, and abating nuisances and remedying
unsafe and unsightly premises.
WHEREAS pursuant to Section 7 of the Municipal Government Act, the
council of a municipality may pass bylaws for municipal purposes
respecting the safety, health, and welfare of people and the protection
of people and property; nuisances, including unsightly property; and the
enforcement of bylaws made under the Municipal Government Act or
any other enactment;
AND WHEREAS the Council of Vulcan County deems it to be in the
public interest to pass a bylaw to establish and enforce minimum
standards relating to the state of maintenance of premises and to
regulate, control and abate nuisances and unsightly premises within the
Residential Areas of Vulcan County;
AND WHEREAS Council recognizes that Vulcan County is large and
diverse, and includes multiple land uses and districts with distinct and
unique needs;
NOW THEREFORE the Council of Vulcan County, in the Province
of Alberta, duly assembled enacts as follows:
1. This Bylaw may be called the "Nuisance and Unsightly Premises
Bylaw".
2. Scope and Applicability
2.1. This Bylaw applies only to lands designated Hamlet Residential,
Hamlet Commercial, Rural Recreational, or Grouped Country
Residential as defined in the Vulcan County Land Use Bylaw.
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2.2. This Bylaw is not intended to negatively affect the regular
operation of any permitted use including agriculture and its
subsidiaries.
2.3. Nothing in this Bylaw relieves a Person from complying with any
Federal or Provincial Law or Regulation, other bylaw, or any
requirements of any lawful permit, order, or license
3. Definitions
3.1. In this Bylaw, unless the context otherwise requires:
a. "Animal Material" means any animal carcass, animal
excrement (manure or other form of waste litter) and
includes all material accumulated on premises from pet pens
or pet yards;
b. "Building Material" means all construction and demolition
material accumulated on a property while storing,
constructing, altering, repairing, or demolishing any
structure and includes, but is not limited to new or used
metal, steel, aluminum, tin, or earth;
c. "CAO" means the individual appointed as Vulcan County's
Chief Administrative Officer in accordance with the MGA;
d. "Construction" means the building or maintenance of roads,
earthworks, or the temporary process of demolishing or
building any structure, or repairing or improving a building
that already exists, including landscaping, home repair,
property improvement, and any work in connection with that
process;
e. "Council" means the Council of Vulcan County;
f. "County" means the municipal corporation of Vulcan County
and the area within its jurisdictional boundaries, as the
context requires;
g. "Court" means the Provincial Court of Alberta and/or the
Alberta Court of Queen's Bench;
h. "Derelict Vehicle" means a Motor Vehicle, Trailer, or
Recreational Vehicle that is inoperative by reason of
disrepair, age, or mechanical condition;
i. "Land Use Bylaw" means Vulcan County's Land Use Bylaw.
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j. "MGA" means the Municipal Government Act, R.S.A. 2000
c.M-26, as amended or replaced from time to time.
k. "Motor Vehicle" means a vehicle propelled by any power
other than muscular power, or a moped, but does not
include a bicycle, a power bicycle, an aircraft, or a motor
vehicle that runs only by rails.
l. "Nuisance" means any condition or use of Premises which, in
the opinion of an Officer, constitutes an unreasonable
interference with the use and enjoyment of other Premises,
and includes, without limiting the foregoing, those
circumstances listed in Section 5 of this Bylaw;
m. "Occupant" means any Person, including the Owner of the
Premises, who is in possession or control of the Premises,
including but not limited to, a lessee, licensee, tenant,
contractor, or agent of the Owner;
n. "Officer" means Vulcan County's Director of Protective
Services, a Vulcan County Development Officer, or a Vulcan
County Community Peace Officer who is authorized to
enforce Bylaws;
o. "Owner" means a person registered under the Land Titles
Act, R.S.A. 2000, c. L-4 as being the Owner of Property; a
Person who is recorded as the owner of Property on the
County's assessment roll for the Property; a Person who has
purchased and has yet to become the registered Owner of
Property; a Person controlling Property under construction;
and/or a Person who is the lawful Occupant of Property;
p. "Person" means any individual, firm, partnership,
association, corporation, company, society or other legally
constituted organization;
q. "Premise" includes the lands, Buildings, and other structures
located on any property situated in whole or in part within
the County
r. "Remedial Order" means an order written pursuant to
Section 545 or 546, of the Municipal Government Act; RSA
2000, c. M-26, as amended or repealed and replaced from
time to time;
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s. "Recreational Vehicle" means a vehicle or trailer that is
designed, constructed and equipped, either temporarily or
permanently, as a dwelling place, living abode or sleeping
place;
t. "Residential Area" means any land designated in the Land
Use Bylaw as Hamlet Residential, Hamlet Commercial, Rural
Recreational, or Grouped Country Residential;
u. "Trailer" means a vehicle so designed that it may be
attached to or drawn by a Motor Vehicle or tractor, and is
intended to transport property or persons;
v. "Unlicensed Vehicle" means a Vehicle that is not displaying a
proper, current proof of licensing;
w. "Unsafe Condition" means Property that poses or constitutes
an undue or unreasonable hazard or risk to the safety,
health or welfare of any Person or other Property including,
but not limited to, a structurally unsound condition, fire
hazard, or explosive hazard;
x. "Unsightly Premises" means any Premises whether land,
buildings, improvements to land or buildings, personal
property or any combination of the above, located on lands
within the County, which, in the opinion of an Officer, is
unsightly to such a degree as to detrimentally affect the
repose, amenities, use, value or enjoyment of the
surrounding lands in reasonable proximity to the Unsightly
Premises, or is otherwise detrimental to the surrounding
area or in an unsightly condition as defined in the MGA, and
includes, without limiting the foregoing, those circumstances
listed in Section 5 of this Bylaw;
y. "Violation Ticket" means a ticket issued pursuant to Part 2 of
the Provincial Offences Procedure Act;
4. General Prohibitions
4.1. No Person, including an Owner or Occupant of a Premises, shall
cause or permit the Premises or use of that Premises to be in
Unsafe Condition.
4.2. No Person, including an Owner or Occupant of a Premises, shall
cause or permit the Premises or use of that Premises to constitute
a Nuisance or Unsightly Premises.
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4.3. Conditions constituting a Nuisance or Unsightly Premises may
include, but shall not be limited to:
(a) The unreasonable accumulation of rubbish, refuse, garbage,
papers, packages, containers, bottles, cans, Animal Material,
human excrement, sewage, dirt, soil, gravel, rocks, sod, yard
material, ashes, petroleum products, hazardous materials,
dissembled equipment or machinery, broken household
furniture, chattels or goods, boxes, cartons, discarded fabrics
and the like;
(b) Outdoor lighting that is not directed toward the ground or that
creates glare and light pollution;
(c) Unreasonable accumulation of vegetation, including weeds,
which, in the opinion of the Officer, are excessive, or
demonstrate neglect by the Owner or Occupant; with the
exception of natural woodland or brush, provided it does not
constitute a fire hazard;
(d) The presence of more than one (1) visible Derelict Vehicle or
Unlicensed Vehicle on any parcel of land smaller than three (3)
acres, or the presence of more than two (2) visible Derelict
Vehicles or Unlicensed Vehicles on any parcel of land larger
than three (3) acres;
(e) Vehicle parts, equipment or machinery that has been rendered
inoperative by reason of disassembly, age, or mechanical
condition, including household appliances;
(f) Flow of water, which is reasonably within the control of the
Owner or Occupant of the Premises, that is directed toward
adjacent Premises and is likely to enter the adjacent Premises;
(g) The open or exposed storage on the Premises of any industrial
fluid, including but not limited to, engine oil, brake fluid, or
antifreeze;
(h) The accumulation of Building Material, whether new or used,
unless the Owner or Occupant can establish that a Construction
or renovation undertaking is being carried out and that the
project has begun or the beginning of the work is imminent,
and that the material is stacked or stored in an orderly manner;
or
(i) Any form of scrap, litter, trash, or waste of any kind.
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(j) Vegetation which, in the opinion of the Officer, constitutes a fire
hazard
(k) Any building, structure, or other improvement that exhibits
significant physical deterioration, including buildings and
structures that suffer from:
a. Broken or missing windows, siding, shingles, shutters,
eaves, roofing, or finishing materials; or
b. Clearly visible exterior or structural deterioration,
damage, or decay, including significant fading, chipping,
or pealing of painted surfaces
5. Exclusions and Exemptions
5.1. The provisions of section 4 of this Bylaw shall not apply to the
following situations or activities:
(a) Bona fide and permitted commercial, industrial, agricultural,
Construction, renovation, clean-up, storage, and other related
activities; for which any applicable municipal, provincial, or
federal permits have been granted, if required, from being
carried out on, or in relation to a Premises
(b) County activities;
(c) Landfills and transfer stations within the County;
(d) Any operation or activity operating under valid development
approval conditions of the County outlined within.
5.2. The Owner or Occupant of a Premises that carries on or permits
the carrying on of any of these activities as set out in section 5.1.
of this Bylaw, shall ensure that all reasonable steps are taken to
minimize the duration and visual impact of any resulting
unsightliness of the Premises
6. Enforcement
6.1. When making the determination of whether a Premises is a
Nuisance, Unsightly Premises, or in an Unsafe Condition, an Officer
may consider:
(a) The general condition and state of upkeep and tidiness of other
Premises located in the vicinity;
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(b) The nature, size, location and permitted use of the Premise, and
the degree of effect of the alleged nuisance to the surrounding
area;
(c) The nature of the Unsightly Premises, Unsafe Condition or
Nuisance complained of, and the length of time such condition
has persisted;
(d) Whether the Premises is undergoing Construction or renovation,
and the length of time such activity has been ongoing;
(e) Whether the Owner and/or Occupant of the Premises has
previously been notified of non-compliance with the provisions
of this Bylaw; and
(f) Any other circumstances or factors relating to the Premises
which the Officer considers relevant.
6.2. Where an Officer believes a Person has contravened any provision
of this Bylaw, they may:
(a) Issue a Remedial Order; and/or
(b) Issue a Violation Ticket.
6.3. If, at the discretion of an Officer, the Nuisance or Unsightly
Premises would be effectively remedied by other means before
issuing a Remedial Order or Violation Ticket, the Officer is
permitted to do so.
6.4. Every Remedial Order issued under this Bylaw must:
(a) Indicate the Person to whom it is directed;
(b) Identify the Premises to which the Remedial Order related by
municipal address or legal description;
(c) Identify the date that it is issued;
(d) Identify how the Premises fails to comply with this or another
bylaw;
(e) Identify the specific provisions of the Bylaw the Premises
contravenes;
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(f) Identify the remedial action required to be taken to bring the
Premises into compliance;
(g) Identify the time within which the remedial action must be
completed, which shall be a minimum of thirty (30) days;
(h) Indicate that if the Remedial Action is not completed within the
time specified, the County may take whatever action or
measures necessary to remedy the contravention;
(i) Indicate that the expenses and costs of any action or measures
taken by the County under this section are an amount owing to
the County by the Person to whom the order is directed;
(j) Indicate that the expenses and costs referred to in this section
may be attached to the tax roll of the property if such costs are
not paid by a specified time;
(k) Indicate that an appeal from the Remedial Order lies to the
Nuisance Appeal Committee if a notice of appeal is filed in
writing with the CAO within thirty (30) days of the Remedial
Order being issued.
6.5. If, in the opinion of an Officer, the Remedial Order cannot be
reasonably served, or if the Officer believes that the Person to
whom it is directed is evading service, the Officer may post the
Remedial Order in a noticeable place on the Premises to which the
Remedial Order relates, or on the private dwelling place of the
Owner of the Premises, as registered at the Land Titles Office or
on the municipal tax roll for the Premises, and the Remedial Order
will be deemed to be served three (3) days after the Remedial
Order has been posted.
7. Appeal of Remedial Order
7.1. A Person may appeal a Remedial Order issued pursuant to Section
6 of this Bylaw by filing a Notice of Appeal to the CAO
7.2. A Notice of Appeal shall be a fully completed copy of the form in
Appendix B, signed by the appellant or by an agent on behalf of
the appellant.
7.3. A notice of appeal shall be delivered within 30 days of receiving
the Remedial Order to the CAO.
7.4. The Nuisance Appeal Committee shall hear the appeal within 14
days from the day of receipt of the notice of appeal.
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7.5. The Nuisance Appeal Committee may confirm, rescind, or modify
the Remedial Order that was issued.
7.6. A Person affected by the decision of the Nuisance Appeal
Committee under this section may appeal to the Court of Queen's
Bench within 30 days of the date of the Nuisance Appeal
Committee's decision as per Section 548 of the Municipal
Government Act if:
(a) The procedure required to be followed by the Municipal
Government Act is not followed; or
(b) The decision is patently unreasonable.
7.7. The Court may:
(a) Confirm the decision; or
(b) Declare the decision invalid and send the matter back to the
Nuisance Appeal Committee with directions.
8. Violation Tickets
8.1. A Person who contravenes any provision of this Bylaw is guilty of
an offense and is liable, upon summary conviction, to a fine in an
amount not less than established in this Bylaw, and not exceeding
$10,000. Without restricting the generality of this section, the
following fine amounts are established for use on Violation Tickets
if a voluntary payment option is offered:
(a) The specified penalty for the offence as set out in Schedule "A";
8.2. An Officer is hereby authorized and empowered to issue a
Violation Ticket to any Person whom the Officer has reasonable
grounds to believe has contravened any provision of this Bylaw. 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. If a
Violation Ticket is issued in respect to an offence, the Violation
Ticket may specify the fine amount established by this Bylaw for
the offence, or require a Person to appear in court without the
alternative of making a voluntary payment.
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8.3. A Person who commits an offence may: if a Violation Ticket is
issued in respect of the offense; and if the Violation Ticket
specifies the fine amount established by this Bylaw for the offence:
(a) Make a voluntary payment to a Clerk of the Provincial Court, on
or before the initial appearance date indicated in the Violation
Ticket, the specified penalty set out in the Violation Ticket.
8.4. Where a Clerk of the Provincial Court records in the court records
the receipt of a voluntary payment pursuant to this Bylaw and the
Provincial Offences Procedure Act, the act of recording constitutes
acceptance of the guilty plea and also constitutes a conviction and
the imposition of a fine in the amount of the specified penalty.
8.5. Nothing in this Bylaw shall be construed to limit or hinder the
ability of the County to enforce this Bylaw by way of an order
issued pursuant to Section 545 or 546 of the Municipal
Government Act.
9. Severability
9.1. Every provision of this Bylaw is independent of all other provisions.
If any provision of this Bylaw is declared invalid for any reason by
a Court of competent jurisdiction, all other provisions of this Bylaw
shall remain valid and enforceable.
10.
Effective Date
10.1. This Bylaw shall come into force when it has received third and
final reading.
Received first reading this 7th day of August, 2019
Received second reading this 18th day of September, 2019
Received third reading and finally passed this 2nd day of October, 2019
[original signed]
_______________________________
Jason Schneider, Reeve
[original signed]
___________________________
Nels Petersen, CAO
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Schedule "A"
Specified Penalties
Section
Offense
Specified Penalty
4.2
Initial Nuisance and
Unsightly Premises
Offense
$250
8.1(b)
Second Nuisance and
Unsightly Premises
Offense Within Sixty
(60) Days of the First
Offense
$500
8.1(b)
All Subsequent
Nuisance and Unsightly
Premises Offenses
Within Sixty (60) of the
First Offense
$1000