WESTLOCK COUNTY
PROVINCE OF ALBERTA
BY LAW NO. 17-2012
UNSIGHTLY PREMISES BYLAW
BEING A BYLAW of Westlock County, in the Province of Alberta, preventing
and regulating untidy and unsightly premises.
WHEREAS the Municipal Government Act, R.S.A. 2000, c. M-26, as amended
authorizes a Council to pass bylaws respecting nuisances, including unsightly
property
AND WHEREAS it is deemed expedient by the Council of Westlock County to
pass a bylaw which will regulate and control Unsightly Premises within Westlock
County.
NOW THEREFORE, the Council for Westlock County, in the Province of
Alberta, duly assembled, enacts as follows:
1. TITLE:
This Bylaw may be cited as “The Unsightly Premises Bylaw”.
2. DEFINITIONS:
(a) “Council” means the Council for Westlock County;
(b)
“Designated Officer” shall mean a Bylaw Enforcement Officer, Peace
Officer, or any other person so authorized to act on behalf of the
Council of the Municipality;
(c) “Litter” means any debris, rubbish, refuse, garbage, waste materials,
paper, packages, containers, bottles, cans and/or parts and products
thereof;
(d) “Municipality” shall mean Westlock County.
(e) “Unsightly Premises” shall mean, when in the opinion of the
Designated Officer, any lands, building or premises in the
Municipality, including a boulevard or ditch which abuts or flanks a
property:
(1) Upon which there is:
i)
ii)
Litter;
Tall and unkempt grass, trees and/or shrubs that are
unkempt, or that may in any way interfere with or endanger
lines, poles, conduits, pipes, sewers or other works of a
Municipality or other public utility,
iii) Any whole or parts of machinery, motor vehicle(s) or other
manufactured goods which are dumped, discarded, stored,
abandoned or otherwise disposed of or situated on or near
any lands, building or premises;
iv) No more than two unregistered vehicles in any rural
subdivision or hamlet,
(2) That is not in keeping with the surrounding properties or
community standards;
(3) That is not neat in appearance, being caused by carelessness,
causing visual or sensory pollution to another person
-23.
BYLAW NO. 17-2012
GENERAL PROHIBITIONS
No owner, agent, lessee or occupier of lands, buildings or premises within
the Municipality shall cause, allow or permit such lands, buildings or
premises to become or continue to be an Unsightly Premise.
4.
EXCEPTIONS & EXEMPTIONS
(a) The provisions in this Bylaw shall not be interpreted to prevent bona
fide work diligently carried out in accordance with a development
permit issued by the Development Authority such as; commercial,
industrial, agricultural, construction, demolition, renovation,
landscaping, clean-up, storage or other related activities from being
carried out on, or in relation to a Property.
(b) The Owner of a Property that carries on or permits the carrying on
of any activities referred to in Section 4(a) of this Bylaw shall ensure
that all reasonable steps are taken to minimize the duration and
visual impact of any resulting untidiness or unsightliness of the
Property.
(c) Whether or not an Owner has taken all reasonable steps to minimize
the duration and visual impact of any resulting untidiness or
unsightliness of the Premise, as referred to in Section 4(b) of this
Bylaw, is a question of fact to be determined by the Court hearing a
prosecution of an offence pursuant to the provisions of this Bylaw.
(d) A maximum of 3 garage sales per calendar year may be held from
one location and for no longer than 4 consecutive days
5.
AUTHORITY TO ENTER LANDS
(a) Subject to s. 543 of the Municipal Government Act, a Designated
Officer of the municipality may, after giving Reasonable Notice to
the owner or occupier of the land, enter the land to carry out the
inspection, remedy, enforcement or action and may;
(i) Request anything be produced to assist in the inspection,
remedy, enforcement or action, and/or;
(ii) Make copies of anything related to the inspection, remedy,
enforcement or action.
(b) The Designated Officer must, on request, display or produce
identification showing that the person is authorized to make the
entry.
6.
ENFORCEMENT
(a) Where a Designated Officer reasonable grounds to believe that a
person has violated any provision of this bylaw, the Designated
Officer may issue a Remedial Notice giving a specified amount of
time to:
(i)
Remedy in such manner any condition on the land, buildings
or premises that contravenes the provisions of this Bylaw,
and/or;
(ii) Construct a fence, wall, screen or similar structure to prevent
any untidy or unsightly condition which exists on the lands,
buildings or premises from being viewed from any highway or
other public place, and/or;
(iii) Remove from such lands, building or premises anything which
causes or contributes to an unsightly condition on the lands,
building or buildings.
-3(b)
BYLAW NO. 17-2012
Where after having been required or directed by Designated Officer
to take the action referred to in Sections 6 (a), the owner, agent,
lessee or occupier fails to take the required or directed action, the
Designated Officer may, upon the expiry of the Remedial Notice,
the Designated Officer may commence additional enforcement
against such person by:
(ii)
Issuing the owner, agent, lessee or occupier a Violation Ticket
pursuant to the provision of Part 2 of the Provincial Offences
Procedure Act requiring that person to pay the specified
penalty as prescribed in Section 9 and/or
(iii) Arranging for contracts and agents to carry out the
recommendations stipulated on the Remedial Notice and
(iv) Enter onto such land, with Contractors or Agents for the
Municipality at any reasonable time, to carry out such
enforcement or action authorized or required by this Bylaw;
(c) No provision of this Bylaw or any action taken pursuant to any
provision of this Bylaw shall restrict, limit, prevent or preclude the
County from pursuing any other remedy in relation to a Property
provided by the Municipal Government Act, or any other law of the
Province of Alberta.
(d) Notwithstanding whether a Violation Ticket has been issued under
Section 5 (b) (ii) of this Bylaw, any Owner or Occupant who
contravenes this Bylaw may be issued an Order by a Designated
Officer to remedy the contravention in any manner deemed
necessary in the circumstances pursuant to Section 545 or Section
546 of the Municipal Government Act.
(e) Where, after having been required or directed by Designated Officer
to take the action referred to in Sections 6 (a), the Designated
Officer or agent on behalf of the Municipality arranged and carried
out the action, the Municipality may;
(i)
Charge all costs incurred as a result of the action to the
owner, agent, lessee or occupier, and in default may;
(ii) Charge all costs incurred as a result of the action against the
land concerned as taxes due and owing in respect of that land
and recover the cost as such in accordance with the
provisions of the Municipal Government Act.
7.
SEVERABILITY
If at any time, any provisions of this Bylaw is declared or held to be
illegal, invalid, or ultra vires, in whole or in part, then the provision
shall not apply and the remainder of this Bylaw shall continue in full
force and effect and be construed as if it had been enacted without the
illegal, invalid or ultra vires provision.
8.
APPEAL
(a) A person who receives a Remedial Notice under this Bylaw may
request Council to review the Order by written notice, delivered to
the Municipal Administrator, within seven (7) days of the date the
Order is received. After receiving the Order, the Council may
confirm, vary, substitute or cancel the Order.
-49.
BYLAW NO. 17-2012
PENALTY
Any person who contravenes any provision of this Bylaw is guilty of an
offense and liable, on summary conviction, to a penalty of:
(a)
First Offence:
A minimum fine of $500.00 or in
default of payment, to a term of not
more
than
six
(6)
months
imprisonment.
(b)
Second Offence:
A minimum fine of $1000.00 or in
default of payment, to a term of not
more
than
six
(6)
months
imprisonment.
(c)
Subsequent Offences:
A minimum fine of $2,500.00 or in
default of payment, to a term of not
more
than
six
(6)
months
imprisonment.
(d)
In addition to the fines stipulated herein, the Court may order a
minimum daily fine of not less than $100.00 no more than $2,500.00
for every day that the offense continues after conviction.
10. Bylaw No. 07-2010 is hereby rescinded.
11.
EFFECTIVE DATE
This Bylaw shall come into force upon the final passing and proper
signature thereof.
READ A FIRST TIME this Tenth (10TH) day of April, A.D. 2012.
READ A SECOND TIME this Tenth (10TH) day of April, A.D. 2012
and by unanimous vote and consent of Councillors present:
READ A THIRD AND FINAL TIME this Tenth (10TH) day of April,
A.D., 2012.
_________________________
Date
____________________________
Reeve
_________________________
Date
____________________________
Administrator