A bylaw of Camrose County in the Province of Alberta, introduced for the purpose of controlling unsightly premises.

Transcription

1 BYLAW NO A bylaw of Camrose County in the Province of Alberta, introduced for the purpose of controlling unsightly premises. WHEREAS The Municipal Government Act R.S.A. 2000, Chapter M-26 and amendments thereto provides that a council of a municipality may pass bylaws respecting unsightly premises. AND WHEREAS NOW THEREFORE The Council of Camrose County finds it expedient and in the public s interest to pass a bylaw to establish and enforce standards relating to the state of maintenance of property and to regulate, control and abate unsightly premises within Camrose County. The Municipal Council of Camrose County duly assembled, hereby enacts as follows: 1) Title and Application a) This bylaw may be cited as the Unsightly Premises Bylaw. 2) Definitions In this bylaw: a) Abandoned equipment means equipment or machinery, which has been rendered inoperative by reason of its disassembly, age or mechanical condition, and includes any household appliance stored outside of a residence or other building regardless of whether or not it is in an operative condition. b) Abandoned vehicles means the whole or any part of any motor vehicle or farm implement that: i) is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, or inoperative condition, and is not located in a building or located on the property such that it can be concealed from view; or ii) has no current license plate attached to it and in respect of which, no registration certificate has been issued for the current year; or iii) is inoperative by reason of removed parts or equipment, and is not located within a building or located on property such that it can be concealed from view. c) Administrator means the Chief Administrative Officer for Camrose County. d) Bylaw Enforcement Officer shall mean: i) A person appointed under Section 555 and 556 pursuant to the Municipal Government Act, RSA 2000, Chapter M-26, employed or contracted by Camrose County to enforce the County bylaws; ii) A Community Peace Officer as defined under the Peace Officer Act, SA 2006, Chapter P-3.5 or; iii) A member of the Royal Canadian Mounted Police. e) Camrose County Land Use Bylaw refers to the current Land Use Bylaw in effect in Camrose County which may from time to time be amended or replaced. f) Council means the Council of Camrose County. Page 1 of 7

2 g) County means the municipal corporation of Camrose County, and includes the geographical area within the boundaries of Camrose County where the context requires. h) Farming operations means the raising, production and sale of agricultural products and includes: i) horticulture, aviculture, apiculture, and aquaculture, ii) the production of horses, cattle, bison, sheep, swine, goats, fur-bearing animals raised in captivity, domestic cervids within the meaning of the Livestock Industry Diversification Act, and domestic camelids, and iii) the planting, growing and sale of sod. i) Owner means: i) any person registered as the owner of property under the Land Titles Act R.S.A. 2000, c.l-4, as amended or repealed and replaced from time to time; ii) a person who is recorded as the owner of the property on the assessment roll of the County; iii) a person who has purchased or otherwise acquired the property whether they purchased or otherwise acquired directly from the owner or from another purchaser, and has not become the registered owner thereof; iv) a person holding themselves out as the person having the powers and authority of ownership or for whom 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, or otherwise in possession of the property. j) Person includes a corporation, other legal entities and an individual having charge or control of a property. k) Property means any lands, buildings, structures, or premises, or any personal property located thereupon, within the municipal boundaries of the County. l) Reasonable state of repair means the condition of being structurally sound, free from damage that hinders its use, free from rot or other deterioration, and safe for its intended use. m) Refuse means all solid and liquid wastes including but not limited to, broken dishes, cans, glass, rags, cast-off clothing, waste paper, cardboard, containers, organic and inorganic yard and garden waste, garbage, household furniture or other household goods, fuels, chemicals, hazardous materials, abandoned vehicles, abandoned equipment, tires, manure, or any other form of waste or litter. n) Remedial order means an order written pursuant to Section 545 of the Municipal Government Act. o) Unsightly premise means any property whether land, buildings, improvements to lands or buildings, personal property, or any other combination of the above, located on land within the County that, in the opinion of a Bylaw Enforcement Officer, the Administrator, or the Council, is unsightly to such an extent as to detrimentally affect the repose, amenities, use, safety, environmental health, value or enjoyment of the surrounding lands in reasonable proximity to the unsightly premise, or is otherwise detrimental to the surrounding area or in an unsightly condition as defined by the Municipal Government Act. Page 2 of 7

3 3) General a) The standards, requirements, and prohibitions contained in this bylaw shall apply to all property within Camrose County except those used for farming operations and any land designated by the County as a sanitary landfill site, recycling centre, or other waste management facility. b) No owner of property shall cause or allow their property to be an unsightly premise. 4) Accumulation of Materials a) No owner of a property shall allow on the property the accumulation of: i) any material that creates unpleasant odors; ii) any material likely to attract pests; or iii) animal remains, parts of animal remains, or animal feces. b) No owner of a property shall allow the open or exposed storage on the property of any industrial fluid, including engine oil, brake fluid, or antifreeze. c) No owner of a property shall allow the following to accumulate on the property such that the accumulation is visible to a person viewing from outside the property: i) refuse ii) any other accumulation on the property in contravention of the Camrose County Land Use Bylaw. 5) Appliances a) No owner of a property shall allow a refrigerator or freezer to remain on the property without first ensuring that the hinges and latches, and lid or doors of the unit have been removed. b) No owner of a property shall allow any appliance to remain on the property such that the appliance is visible to a person viewing from outside the property. c) Notwithstanding paragraphs 5) a) and 5) b), it shall not be an offence for an owner of a property to allow a refrigerator on a property if the refrigerator: i) is not visible to a person viewing from outside the property; and ii) remains locked at all times with a padlock and key or similar device. 6) Outdoor Storage of Building Materials a) No owner of property shall allow accumulation of building materials on the property, whether new or used, unless that owner can establish that a construction or renovation undertaking is being carried out on the property and that: i) the project has begun or the beginning of work is imminent; ii) the materials found on the property relate to the project taking place on the property in a quantity reasonable to complete the project; iii) the work on the project has not been suspended for a period in excess of sixty (60) days; and iv) the project has a finite completion date. Page 3 of 7

4 b) An owner of a property shall ensure that all building materials stored on the property, that are not in contravention of paragraph 6) a) are stacked or stored in an orderly manner. 7) Building Maintenance a) An owner of a property shall keep all buildings and structures on that property in a reasonable state of repair. b) An unreasonable state of repair includes but is not limited to: i) significant deterioration of buildings, structures or improvements, or portions of buildings, structures, or improvements; ii) significant broken or missing windows, siding, shingles, shutters, eaves or other building materials; or iii) significant fading, chipping, or peeling of painted areas of buildings, structures or improvements on property. 8) Enforcement a) A Bylaw Enforcement Officer may, for the purpose of discharging their duties under this bylaw, enter any property, except a private dwelling house, without a warrant and will give the owner of the property reasonable notice when exercising this authority. b) An owner who contravenes this bylaw may be issued a remedial order by a Bylaw Enforcement Officer to remedy the contravention in any manner deemed necessary. c) Every remedial order written with respect to this bylaw must: i) indicate the person to whom it is directed; ii) identify the property to which the remedial order relates by municipal address or legal description; iii) identify the date that it is issued; iv) identify how the property fails to comply with this and/or another bylaw; v) identify the specific provisions of the bylaws the property contravenes; vi) identify the nature of the remedial action required to be taken to bring the property into compliance; vii) identify the time within which the remedial action must be completed; viii) indicate that if the required remedial action is not completed within the time specified, the County may take whatever action or measures are necessary to remedy the contravention; ix) 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; x) 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; xi) indicate that an appeal lies from the remedial order to the Council if a notice of appeal is filed in writing, with reasons for the appeal, to the Administrator within fourteen (14) days of receipt of the remedial order. Page 4 of 7

5 d) A remedial order under this bylaw may be served on an owner and is deemed to have been served on the owner when the remedial order has been: i) personally delivered to the owner; ii) left for the owner at their residence with a person on the premises who appears to be at least eighteen (18) years of age; iii) sent via registered mail addressed to the last known postal address of the owner; or iv) posted in a conspicuous place on the property referred to on the remedial order, when the Bylaw Enforcement Officer has reason to believe the owner is evading service or no other means of service are available. e) Every person who fails to comply with a remedial order issued pursuant to this bylaw within the time set out in the remedial order commits an offence. 9) Remedy Options a) If the County sells all or part of a building, structure or improvement that has been removed under this bylaw, the proceeds of sale must be used to pay the expenses and costs of the removal and any excess proceeds must be paid to the owner. b) The County may register a caveat under the Land Titles Act, in respect of a remedial order issued under this bylaw, against the Certificate of Title for the property that is the subject of the remedial order. The caveat will be discharged when the remedial order has been complied with or the County has performed the actions or measures referred to in the remedial order. 10) Offences and Penalties a) Notwithstanding whether a remedial order has been issued under this bylaw, where a Bylaw Enforcement Officer believes that a person has contravened any provision of this bylaw, the Bylaw Enforcement Officer may commence proceedings against the person by issuing a violation ticket pursuant to the Provincial Offences Procedures Act R.S.A c. P-24. b) Fines for violation tickets are specified in Schedule A. c) For any fines not specified in Schedule A, a person convicted of an offence pursuant to this bylaw is liable on summary conviction to a fine not exceeding ten thousand dollars ($10,000) and in default of payment of any fine imposed, to a period of imprisonment not exceeding six (6) months. Page 5 of 7

6 11) Severability Provision a) Should any provision of this bylaw be invalid then such invalid provision shall be severed and the remaining bylaw shall be maintained and deemed valid. 12) Miscellaneous a) Schedule A attached hereto forms part of this bylaw. b) Bylaw No is hereby repealed. RECEIVED FIRST READING THIS * 10 th DAY OF April, A.D *REEVE IN THE CITY OF CAMROSE, IN THE * PROVINCE OF ALBERTA * *COUNTY ADMINISTRATOR RECEIVED SECOND READING THIS * 10 th DAY OF April, AD 2012 *REEVE PROVINCE OF ALBERTA * IN THE CITY OF CAMROSE, IN THE * PROVINCE OF ALBERTA * *COUNTY ADMINISTRATOR RECEIVED THIRD AND FINAL * READING THIS DAY OF *REEVE A.D. 2012, IN THE CITY OF CAMROSE,* IN THE PROVINCE OF ALBERTA * *COUNTY ADMINISTRATOR Page 6 of 7

7 Schedule A Penalties Any owner that contravenes this Unsightly Premises Bylaw may be subject to a fine of: 1. $300 for the first offence 2. $500 for the second offence 3. Court appearance for the third offence The penalties outlined above shall not prevent a Bylaw Enforcement Officer at any time from issuing a violation ticket requiring a court appearance of the defendant. Page 7 of 7