Unsightly Property By-law
TOWN OF WEMBLEY
BY-LAW 643
BEING A BY-LAW OF THE TOWN OF WEMBLEY, IN THE PROVINCE OF ALBERTA, TO REGULATE UNTIDY AND UNSIGHTLY PROPERTY.
Whereas, under the authority of the Municipal Government Act RSA 2000, M-26, provides that Council may pass By-laws or municipal purposes respecting nuisances, including unsightly property.
And Whereas, Section 546 of the Municipal Government Act RSA 2000, M-26, authorizes Council to require the owner of the land that is in an unsightly condition to improve the appearance of the property.
Now Therefore, the Council of the Town of Wembley, in the Province of Alberta, hereby enacts as follows:
1. This By-law may be referred to as the "Unsightly Property By-law".
2. In this By-law, the following definitions will apply:
A. "Boulevard" means that portion of a street which lies between the roadway and the property line of the land abutting the said street.
B. "Council" means the Council of the Town of Wembley.
C. "By-Law Enforcement Officer" means a person authorized by Council to carry out the provisions of this By-law, or the Chief Administrative Officer of the Town of Wembley, or a member of the Royal Canadian Mounted Police.
D. "Chief Administrative Officer" means a person appointed as such under the Municipal Government Act by the Town of Wembley Council.
E. "Derelict Vehicle" means any vehicle that has parts missing and appears un-drivable.
F. "Occupant" means any person occupying or having control over the condition of any property and the activities conducted on any property, be such person the owner, lessee, tenant or agent of the owner or whether such person resides thereon or conducts a business thereon.
G. "Owner" means a person having title to or legal possession of any property or who possesses property under a purchase agreement.
H. "Rubbish" means and includes any paper product, or fabric, or wood, or plastic, or glass, or metal and/or any matter or substances of any kind which has been discarded, or abandoned, or in any way disposed of.
I. "Town" means Town of Wembley.
J. "Untidy" or "Unsightly" means any property or part of it on which there is litter or rubbish or overgrown weeds, grasses or other vegetation which causes the property or any part of it to look untidy or unsightly.
K. "Weeds" means any plants designated as restricted, noxious or nuisance weeds in accordance to The Weed Control Act, being a Statute of Alberta.
3. Regulations
Every occupant or owner of any property within the Town of Wembley shall:
i. not permit the land or premises of such property to be or remain to be a nuisance, untidy or unsightly.
ii. not permit any building structure or erection of any kind whatsoever (i.e. loose siding, loose shingles or unsightly fences), or any excavation, 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.
iii. cut the grass on property they own or occupy and to cut the grass on any boulevard which abuts, flanks or adjoins such property and this shall include lanes or alleys at the rear or side of such property so as not to be in an unsightly condition.
iv. control weeds on property they own or occupy and to control weeds on any boulevard which abuts flanks or adjoins such property and this shall include lanes or alleys at the rear or side of such property.
v. prune, remove or otherwise maintain trees and shrubs that interfere with or endanger traffic control devices, lines, poles, pipes, sewers, sidewalks, streets and alleyways or other works of the Town or Public Utility within or on such property.
vi. not permit wrecked or dismantled vehicles, or those that are unsightly, and unregistered or uninsured.
vii. not permit the accumulation of dirt, stones, old implements, trailers and campers, scrap iron, lumber, building materials or any other rubbish so as to cause any untidy or unsightly condition or hazard or nuisance within or on such property.
viii. shall not permit smelly compost heaps or grass clippings.
ix. shall not permit the accumulation of animal feces within or on the property.
x. remove from such property any dead grass or brush or other rubbish which may be untidy or unsightly or that may harbor pests.
xi. when requested to do so by written notice from the Town, clean up an untidy or unsightly property within the time period set out in the notice.
4. Enforcement
A. Upon forty-eight (48) hours notice given to the owner or occupant of any land, the By-law Enforcement Officer or duly authorized officer of Council is authorized to enter any land to inspect for an untidy or unsightly condition or any other condition that may contravene the provisions of this By-Law.
B. When, in the opinion of the By-Law Enforcement Officer or duly authorized officer of Council, a condition exists which contravenes any of the provisions of this By-law, the By-Law Enforcement Officer may issue a written clean up order to the owner and/or occupier of the property directing that the condition be rectified within a specific length of time. Except in extraordinary situations, the maximum time allowed to rectify the condition will be fourteen (14) days from the date of the warning notice.
C. An order issued shall be served on the owner and/or occupier personally or by registered mail sent to the person's last known address as shown on the tax roll of the Town.
D. Should any property owner and/or occupier fail, neglect or refuse to remedy the conditions as directed in the said Order, the Town may cause the work to be performed to remedy the condition and charge the cost of such work done to the owner and/or occupier and in default of payment,
i. recover the cost as a debt due to the Town by service of a statement of expenses and demand of payment for work carried out on land specified in the notice to the owner of the land.
ii. if the owner of the property fails to pay the amount of the statement within thirty (30) days of the mailing of such statement, the Chief Administrative Officer shall cause the amount owing to be placed on the tax roll as an additional tax against the land concerned and it shall be collected in the same manner as taxes.
E. Any person who enters property to remedy a condition as directed by the Town shall be deemed to have the authorization of the Town and shall not incur any liability thereof.
5. Penalties
A. Any person who breaches a provision of the By-law shall be guilty of an offence and shall be liable upon summary conviction to a fine of not less than Two Hundred ($200.00) Dollars and not more than One Thousand ($1,000.00) Dollars.
B. Notwithstanding Subsection 5. A., a person charged with an offence pursuant to this By-Law, may make a voluntary payment at the Town of Wembley Municipal Office at any time up to seven (7) days after the date of the offence ticket is issued and in such case, prosecution for this offence will not proceed.
C. The voluntary payment, pursuant to Subsection 5. B., shall be One Hundred ($100.00) Dollars.
D. If an alleged offender does not voluntarily pay the penalty amount as set out in Section 5. C., then such person may, by summons, be required to appear in court and shall be liable on summary conviction to pay a fine, pursuant to Subsection 5. A., plus court costs.
6. Severability
Should any section or part of this By-Law is found to have been improperly enacted or ultra vires, for any reason, then such section or part shall be regarded as being severable from the By-law and the By-Law remaining after such severance shall be effective and enforceable as is the section found to be improperly enacted has not been enacted as part of this By-Law.
7. This By-Law rescinds By-Law No. 514.
8. This By-Law shall come into force and effect on the final date of passing thereof.
READ A FIRST, SECOND AND BY UNANIMOUS CONSENT OF ALL THE COUNCILLORS PRESENT, A THIRD AND FINAL READING AND FINALLY PASSED THIS 16TH DAY OF JULY, 2007.
Mayor - Owen Smith
CAO - Lori Parker