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TOWN OF WEMBLEY
BY-LAW NO. 695
A By-law of the Town of Wembley, in the Province of Alberta, to regulate unsightly
premises.
WHEREAS under Section 7 of the Municipal Government Act, R.S.A. 2000,
Chapter M-26 Council may pass bylaws regulating unsightly premises;
AND WHEREAS unsightly premises are a detriment to surrounding properties
and the immediate neighborhood generally;
AND WHEREAS Council deems it advisable to pass a bylaw to regulate
unsightly premises;
AND WHEREAS the purpose of this Bylaw is to prevent the existence and
proliferation of unsightly premises and to provide a mechanism for the remediation of a
property which has become an unsightly premises;
NOW THEREFORE, THE COUNCIL OF THE TOWN OF WEMBLEY ENACTS
AS FOLLOWS:
1.
This Bylaw shall be cited as the Unsightly Premises Bylaw.
2.
In this Bylaw, unless the context otherwise requires, the term:
a)
"Animal material" means any animal excrement and includes all material
accumulated on a premises from pet pens and yards;
b)
"Ashes" means the powdery residue accumulated on a premises left after
the combustion of any substance and includes any partially burnt wood,
charcoal or coal;
c)
"Board" means the Unsightly Premises Appeal Board.
d)
"Boulevard" means that portion of a street which lies between the roadway
and property line of the land abutting the street or alley;
e)
"Building material" means all construction and demolition material
accumulated on a premises while constructing, altering, repairing or
demolishing any structure and includes, but is not limited to, earth,
vegetation or rock displaced during such construction, alteration or repair;
f)
"Council" means the Council of the Town of Wembley;
g)
"Town Administrator" means the person designated by Council as its Chief
Administrative Officer or his/her designate;
h)
"Town" means the municipal corporation of the Town of Wembley or the
area contained within the Town boundaries as the context requires;
i)
"Clean Up Order" means an Order issued under this bylaw by the Town
Administrator with respect to an unsightly premises within the Town;
j)
"Garbage" means material composed of organic matter which is or may
become decomposed, including the by-products from the preparation,
consumption or storage of food;
k)
"Owner" means:
PAGE 2
i)
a person who is registered under the Land Titles Act as the owner
of the land;
ii)
the person who is recorded as the owner of the property on the
assessment roll of the Town;
iii)
a person who has purchased or otherwise acquired the land,
whether he has purchased or otherwise acquired the land directly
from the owner or from another purchaser, and has not become the
registered owner thereof;
iv)
a person holding himself out as the person having the powers and
authority of ownership or who for the time being exercises the
powers and authority of ownership;
v)
a person controlling the property under construction, or;
vi)
a person who is the occupant of the property under a lease, license
or permit;
l)
"Peace Officer" means a member of the Royal Canadian Mounted Police,
a Peace Officer appointed pursuant to the Alberta Peace Officer Act, or a
Bylaw Enforcement Officer appointed by the Town of Wembley.
m)
"Premises" means the external surfaces of all buildings and the whole or
part of any land, including land immediately adjacent to any building or
buildings, situated in whole or in part in the Town and includes any land or
buildings owned or leased by the Town,
n)
"Right of access" means the right of the Town Administrator or
Enforcement Officer to enter onto a property to inspect the property to
determine whether to issue a Clean Up Order, or to allow work forces
access to the property for the purposes of enforcing a Clean Up Order;
o)
"Unsightly premises" means any property or part of it including any
boulevard which abuts flanks or adjoins such property which is
characterized by visual evidence of a lack of general maintenance and
upkeep by the excessive accumulation on the premises of:
i)
any rubbish, refuse, garbage, papers, packages, containers,
bottles, cans, manure, human excrement or sewage or the whole or
a part of an animal carcass, dirt, soil, gravel, rocks, sod, petroleum
products, hazardous materials, disassembled equipment or
machinery, broken household dishes and utensils, boxes, cartons,
discarded fabrics, overgrown grasses, overgrown weeds or other
vegetation;
ii)
the whole or part of any motor vehicle or vehicles:
A)
which has no current license plate attached to it and in
respect of which, no registration certificate has been issued
for the current year, and
B)
which is inoperative by reason of removed parts, or
equipment;
iii)
equipment or machinery which has been rendered inoperative by
reason of its disassembly, age or mechanical condition and
includes any household appliances;
PAGE 3
iv)
animal, material, yard material, ashes, building material and
garbage as defined in this Bylaw;
v)
building structure or erection of any kind whatsoever (i.e. loose
siding, loose shingles, broken windows or unsightly fences), or any
exaction, depression, drain or ditch, watercourse, pond, surface
water or other matter or thing to remain a nuisance and/or
dangerous to the public safety or health;
p)
"Unsightly Premises Appeal Board" means the Council of the Town of
Wembley;
q)
"Weeds" means any plants designated as restricted, noxious or nuisance
weeds in accordance to The Weed Control Act, being a Statute of Alberta.
r)
"Work forces" means Town employees or contract workers engaged by
the Town for the purposes of enforcing a Clean Up Order;
s)
"Yard material" means organic matter formed as a result of gardening or
horticultural pursuits and includes grass, tree and hedge cuttings and
clippings.
3.
No owner of a premises shall allow his or her premises to become an unsightly
premises as defined in this Bylaw.
4.
In determining whether a premises is an unsightly premises as defined in this
Bylaw the Town Administrator shall have regard to the use and location of the
property. (ie. residential, commercial, industrial, acreage, or farm)
5.
If the Town Administrator has reason to believe that any property is an unsightly
premises he/she may exercise a right of access to the property in order to
inspect the premises to determine whether the property contravenes the
provisions of this Bylaw.
6.
(1)
If the Town Administrator considers any property to be an unsightly
premises, Town Administrator may issue a Clean Up Order.
(2)
Each Order:
a) shall describe the property by
i)
name, if any, and
ii)
the municipal address or legal description
b) shall state that the property contravenes the provisions of this Bylaw.
c) shall give reasonable particulars of the extent of the clean up, removal,
clearing or other actions required to be made.
d) shall state the time within which the clean up, removal, clearing or
other actions are to be done.
e) shall state that if the required actions are not done within the time
specified, the Town may carry out the actions required and charge the
cost thereof against the person to whom the Order is directed and if
such person does not pay the costs, the costs shall be charged against
the property concerned as taxes due and owing in respect of that
property, and recovered as such.
PAGE 4
f) shall state that an appeal lies from the issuance of this Order to the
Unsightly Premises Appeal Board if an appeal is lodged in writing with
the Town Administrator within fourteen (14) days.
7.
(1)
A copy of the Order shall be served upon the owner of the property and
may be served on any person shown by the records of the Land Titles
Office to have an interest in the property.
(2)
An Order referred to in subsection (1) may be served on the owner
a)
by being delivered personally to the person who is intended to be
served,
b)
by being left with a person apparently over the age of eighteen (18)
years at the dwelling place or place of business of the person who
is intended to be served, or
c)
by being sent by double registered mail or certified mail to the last
known address of the person who is intended to be served as
shown on the assessment roll of the Town and the Order shall be
deemed to be served upon the expiry of three (3) days after the
mailing of the Order.
(3)
If, in the opinion of the Town Administrator, service under subsection (2)
cannot reasonably be effected, the Town Administrator may post the
Clean Up Order or a copy of the Order in a conspicuous place on the land
or property to which the Order relates, or on the private dwelling place of
the person who is intended to be served and such Order is deemed to be
served upon the expiry of three (3) days after such Clean Up Order is
posted.
8.
The Clean Up Order may require the person to whom it is addressed, within a
period of time which shall not be more than thirty (30) days from the date of the
making of the Order, but not less than fourteen (14) days
a)
to remedy the condition of the property in a manner and to the extent
directed in the Order,
b)
to remove any material causing or contributing to the unsightliness of the
property,
c)
to place in waste receptacles any material causing or contributing to the
unsightliness of the property, or
d)
to do all or any of the matters specified in Clauses (a) to (c).
9.
The Town Administrator may extend the time for doing anything which is required
to be done by the terms of the Order.
10.
(1)
Where a Clean Up Order is issued pursuant to Section 6 such Clean Up
Order may be appealed within fourteen (14) days to the Unsightly
Premises Appeal Board.
(2)
Where a Clean Up Order is appealed pursuant to subsection (1) the Order
is stayed pending a final decision on the merits of the appeal by the
Board.
11.
PAGE 5
(1)
The Board that hears an appeal may confirm, vary, or revoke the Clean
Up Order or may substitute its decision in place of the Clean Up Order
which was issued.
(2)
The Board may extend the time within which anything required to be done
by the Clean Up Order is to be performed.
(3)
The Board may direct anything to be done that an Enforcement Officer
can direct to be done either in addition to or in substitution for the direction
in the Order appealed form.
12.
(1)
Appellants must submit notice of their appeal in writing to the Town
Administrator within fourteen (14) days of the date of the issuance of the
Clean Up Order.
(2)
Each Notice of Appeal shall:
a)
state with reasonable exactness the grounds of appeal;
b)
state the name, address, and interest of the appellant in the
property; and
c)
be dated, and signed by the appellant or on his behalf by his agent
and, if signed by an agent, shall state the name and address of the
agent.
13.
The Board shall be composed of the members of Council of the Town of
Wembley.
14.
The Town Administrator shall, upon receipt of the Notice of Appeal, set a date for
the hearing of the appeal which shall be held within thirty (30) days of the receipt
of the Town Administrator of the Notice of Appeal.
15.
Any four members of the Board shall constitute a quorum and as such shall have
jurisdiction to hear appeals before the Board.
16.
The Board shall adopt the rules of procedure for hearing appeals presently in use
by the Subdivision and Development Appeal Board.
17.
The Board shall consider each appeal having regard to the circumstances and
merits of the case and the applicable provisions of this Bylaw.
18.
When hearing an appeal the Board:
a)
shall not be bound by the technical rules of evidence; and
b)
shall afford to every person concerned the opportunity to be heard, to
submit evidence and to hear the evidence of others.
19.
The person to whom an Order is directed shall comply with the directions of the
Order as set out in the Order of the Enforcement Officer or the requirements or
directions set out in any decision of the Unsightly Premises Appeal Board.
20.
(1)
If a person to whom an Order is directed under this Bylaw fails to carry out
the Order within the time stated in such Order, in the case of an Order that
is not appealed, or within the time limited by the Board in the case of an
Order that is appealed, an Town Administrator may exercise a right of
access to the unsightly premises and may, with whatever work forces as
are necessary, enter the premises against which the Order has been
issued and carry out the Order.
PAGE 6
(2)
The Town or persons appointed by it may remove any fencing or other
obstructions in carrying out the Order and shall replace or repair any
fencing or other obstructions removed or damaged in the course of
carrying out the Order.
(3)
The expenses incurred by the Town in carrying out an Order under this
section constitutes a debt owing to the Town from the person to whom the
Order is directed.
(4)
Within thirty (30) days of ascertaining the amount of the expenses incurred
by the Town in carrying out the Order, Town Administrator shall send a
demand for payment of these expenses to the person to whom the Order
was directed.
(5)
Where the Town carries out an Order under this section and the person to
whom the Order is directed fails, within thirty (30) days after a demand for
payment, to pay the expenses incurred by the Town Administrator may
transmit to the tax clerk of the Town a statement setting out
(a)
the amount of the expenses,
(b)
the name of the assessed owner of the land to which the Order
relates, and
(c)
the location of the land to which the Order relates.
(6)
On receipt of a statement under subsection (5), the tax clerk shall place
the amount of the expenses incurred in carrying out the Order on the tax
roll as an additional tax against the land concerned and that amount
(a)
forms a lien on the land in favour of the Town, and
(b)
shall, for all purposes, be deemed to be taxes imposed and
assessed on the land and delinquent under the Municipal
Government Act from the date the expenses were incurred, and
that Act apply to the enforcement, collection and recovery of the
amount.
(7)
Where the Town carries out an Order under this Section the work forces
shall deposit any material removed from an unsightly premises at a
location designated by the Town Administrator.
(8)
Notwithstanding subsection (7) where the Town Administrator is of the
opinion that the material removed under subsection (7) has no value he
may direct that the material be disposed of.
(9)
When material removed from an unsightly premises under subsection (7)
is removed to a location specified by the Town Administrator, the Town
Administrator may direct that the property be disposed of if the person to
whom an Order has been issued does not remove the property within
fourteen (14) days of being requested in writing to do so by the Town
Administrator.
21.
A person who contravenes Section 3 is guilty of an offence and liable
a)
for a first offence, to a fine of TWO HUNDRED AND FIFTY DOLLARS
($250.00) and in default of payment to imprisonment for a term of not
more than five (5) days,
PAGE 7
b)
for a second offence, to a fine of FIVE HUNDRED DOLLARS ($500.00)
and in default of payment to imprisonment for a term of not more than
twenty (20) days, and
c)
for a third offence, to a fine of ONE THOUSAND DOLLARS ($1,000.00)
and in default of payment to imprisonment for a term of not more than
thirty (30) days, and
d)
for a fourth or subsequent offence to a fine of a maximum amount of TWO
THOUSAND FIVE HUNDRED DOLLARS ($2, 500.00) or for a term of
imprisonment not exceeding six (6) months.
22.
A person who contravenes Section 19 is guilty of an offence and liable
a)
for a first offence, to a fine of ONE THOUSAND DOLLARS ($1,000.00)
and in default of payment to imprisonment for a term of not more than
fifteen (15) days,
b)
for a second offence, to a fine of ONE THOUSAND FIVE HUNDRED
DOLLARS ($1,500.00) and in default of payment to imprisonment for a
term of not more than thirty (30) days,
c)
for a third offence, to a fine of TWO THOUSAND DOLLARS ($2,000.00)
and in default of payment to imprisonment for a term of not more than
ninety (90) days, and
d)
for a fourth or subsequent offence to a fine of a maximum amount of TWO
THOUSAND FIVE HUNDRED DOLLARS ($2,500.00) or for a term of
imprisonment not exceeding six (6) months.
23.
This Bylaw shall come into force and effect upon receiving third reading.
24.
Bylaw No. 643 is hereby rescinded effective August 22, 2016.
READ A FIRST, SECOND AND BY UNANIMOUS CONSENT OF ALL
COUNCILLORS PRESENT, A THIRD AND FINAL TIME AND FINALLY PASSED
THIS ___22__ DAY OF ____AUGUST__, A.D. 2016
__________________________
Mayor - Chris Turnmire
__________________________
CAO - Lori Parker
(SIGNED)
(SIGNED)