HomeMy WebLinkAbout2017-21 Unauthorized Use of County Property COUNTY OF NEWELL
IN THE PROVINCE OF ALBERTA
BYLAW NO. 2017-21
A BYLAW OF THE COUNTY OF NEWELL IN THE PROVINCE OF ALBERTA, FOR THE
PURPOSES OF REGULATING UNAUTHORIZED USE OF PROPERTY.
WHEREAS pursuant to the Municipal Government Act, RSA 2000 c M-26, as amended or
repealed and replaced from time to time (hereinafter referred to"the MGA"), a Council of a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; �
AND WHEREAS pursuant to the MGA, a Council may pass bylaws for municipal purposes
respecting people, activities and things in, on or near a public place or place that is open to the
public;
AND WHEREAS pursuant to the MGA, a Council may pass bylaws for municipal purposes
respecting the enforcement of bylaws made under the MGA or any other enactment including
any or all of the matters listed therein;
AND WHEREAS pursuant to the MGA, a Municipality may grant rights, exclusive or otherwise,
with respect to its land, including land under the direction, control and management of the
Municipality;
NOW THEREFORE the Council of the County of Newell, pursuant to the authority conferred
upon it by the MGA and the laws of the Province of Alberta, enacts as follows:
SECTION 1 —SHORT NOTICE
1.1 This Bylaw may be cited as the County of Newell "Unauthorized Use of County Property
Bylaw".
SECTION 2 -PURPOSE
2.1 The purpose of this Bylaw is to, among other things, regulate the Unauthorized Use of
County Property, to promote the safe, enjoyable and reasonable use of such land, and
to protect and conserve natural ecosystems for the benefit of all citizens and the County.
SECTION 3— DEFINITIONS
3.1 "MGA" means the Municipal Government Act, RSA 2000, c M-26 and its regulations, as
amended or repealed and replaced from time to time.
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3.2 "Bylaw Enforcement Officer" means a Bylaw Enforcement Officer appointed by the
County pursuant to the MGA for the purpose of enforcing County bylaws.
3.3 "CAO" means the Chief Administrative Officer of the County or his or her delegate.
3.4 "Council" means the council of the County.
3.5 "County" means the County of Newell.
3.6 "County Property" means:
a. Any land/Property developed or used by the County as public park, sports field,
playground, and recreational area;
b. Reserve land pursuant to the County of Newell Land Use[ylaw No. 1892-1� as
amended or repealed and replaced from time to time, and/or the MGA;
c. Municipal rights-of-way including highways, roads, roadways, boulevards,
sidewalks, walkways, road allowances, streets, lanes, road diversions, bridges,
titled rights-of-way, undeveloped road rights-of-way, public space, water bodies,
public utility lots, and storm water management facilities and dry ponds;
d. Any land/Property owned and or titled to the County, including those lands which
have been developed with a building, structure or parking �ot; and
e. Any land/Property under the direction, control and management of the County.
3.7 "Order" means a written Order issued under this Bylaw in accordance with the MGA.
3.8 "Person" includes one or more individuals, partnerships, bodies corporate,
unincorporated organizations, governments, government agencies, trustees, executors,
administrators or other legal representatives, other than the County or its legal
representatives.
3.9 "Private Property" means land owned by a person, group, corporation or other entity, not
a governmental body.
3.10 "Property" means any lands, buildings, structures or premises, or any personal property
located thereupon, within the municipal boundaries of the County.
3.11 "Provincial Offences Procedures Act", means the Provincial Offenses Procedures Act,
RSA 2000, c P-34 and its regulations, as amended or repealed and replaced from time
to time.
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3.12 "Unauthorized Use" means use of County Property, through the construction, storing,
landscaping, erecting, placing or removal of anything on, in, under or over any County
Property, without the written approval of the County. Examples of Unauthorized Use
include but are not limited to:
a. The placement of a driveway, parking area, utilities, telecommunication facilities,
walkway, patio, deck, retaining wall, fence, shed, residence, steps, firepit,
firewood, composter, vehicles or other structures and chattels;
b. Landscaping, including the addition and/or removal of vegetation, or any use that
interferes with vegetation growth;
c. Drainage facilities such as pipes, catch basins, ditches, sumps, swales, on-site
sewage disposal, detention ponds, or ancillary structures;
d. Irrigating, cultivating, haying or livestock grazing;
e. Building materials, stockpiles, debris, refuse or other chattels; and
f. Digging, cutting, excavating or filling.
3.13 "Violation Tag" means a tag or similar document issued by the County pursuant to the
MGA.
3.14 "Violation Ticket" means a ticket issued pursuant to Part 2 of the Provincial Offences
Procedure Act.
SECTION 4— PROHIBITION
4.1 No Person shall create or allow an Unauthorized Use of County Property or any other
Property under the direction, control or management of the County.
SECTION 5— ENFORCEMENT
5.1 For the purposes of this Bylaw and the applicable sections of the MGA, a Bylaw
Enforcement Officer is hereby deemed a designated officer of the County;
5.2 A Bylaw Enforcement Officer may, for the purpose of ensuring that the provisions of this
Bylaw are being complied with, enter in or upon any Property in accordance with Section
542 of the MGA to carry out an inspection, remedy, enforcement or other action required
or authorized by this Bylaw, the MGA or other statute.
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5.3 When exercising their authority to enter onto Private Property for inspection or
enforcement under Section 5.2, a Bylaw Enforcement Officer shaii provide the owner or
occupier of the Private Property with reasonable notice as required by the MGA.
5.4 Any Person who contravenes this Bylaw may be issued an Order by a Bylaw
Enforcement Officer to remedy the contravention in any manner deemed necessary in
the circumstances pursuant to Section 545 of the MGA
5.5 The Order issued by the Bylaw Enforcement Officer under Section 5.4 shall:
a. Identify the Unauthorized Use;
b. Direct the Person to take any action or measures necessary to remedy the
Unauthorized Use including, but not limited to, the restoration of the County
Property to a natural state; and
c. State the time within which the Person must comply with the Order;
d. State that if the Person does not comply with the Order in the specified time, the
County may take the actions or measures at the expense of the Person; and
e. Shall notify the Owner of the right to apply by written notice for a review of the
Order pursuant to Section 547 of the MGA.
5.6 An Order under this Bylaw shall be served on a Person, and is deemed to have been
served on the Person when the Order has been:
a. Personally delivered to the Person;
b. Left for the Person at his residence with a person on the premises who appears
to be at least eighteen (18) years of age;
c. Sent via regular mail addressed to the last known postal address of the Person;
or
d. Posted in a conspicuous place on the Property referred to in the Order, when the
Bylaw Enforcement Officer has reason to believe:
i. That the Person to whom the Order is addressed is evading service; or
ii. No other means of service is available.
5.7 If an Order is sent via regular mail as referred to in Section 5.6(c), then it is deemed to
have been received by the Person:
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a. Seven (7) days from the date of mailing if the Order is mailed in Alberta to an
address in Alberta; or
b. Subject to Section 5.7(a) above, 14 days from the date of mailing if the Order is
mailed in Canada to an address in Canada.
5.8 Pursuant to Section 547 of the MGA, a Person who receives an Order may request a
review of the Order by written notice within fourteen (14) days after the date the Order is
received. Upon reviewing the Order, Council may confirm, vary, substitute or cancet the
Order.
5.9 A Person affected by the decision of the Council under Section 5.8 may, pursuant to and
in accordance with the time limits set out into Section 548 of the MGA, appeal to the
Court of Queen's Bench if:
a. The procedure required to be followed by the MGA and/or this Bylaw was not
followed; or
b. The decision was patently unreasonable.
5.10 The application for appeal must state the reasons for appeal.
5.11 The Court may:
a. Confirm the decision; or
b. Declare the decision invalid and send the matter back to Council for directions.
5.12 Upon an Order being issued under this Bylaw, and expiry of the applicable
appeal/review period with respect to the Order, the County may take whatever action or
measures are necessary to remedy an Unauthorized Use and the expenses and/or costs
of such actions, including legal fees on a solicitor-client full indemnity basis, shall
become an amount owing to the County by the Person and may be added to the
Person's tax roll and collected pursuant to the MGA including Section 553 and Section
554.1.
5.13 The expenses and costs of any action or measures incurred and/or taken by the County
in the enforcement of this Bylaw, including legal fees on a solicitor-client full indemnity
basis, are an amount owing to the County by the Person in contravention of the Bylaw
and:
a. May be collected as a civil debt; and
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b. May be added to the Person's tax roll and collected pursuant to the MGA
including Section 553 and Section 554.1.
5.14 If the County sells ali or part of a building, structure or improvement that has been
removed under this Bylaw, the proceeds of the sale must be used to pay the expenses
and costs of the removal and any excess proceeds must be paid to the Person if entitled
to them.
5.15 The remedies and actions available to the County under this Bylaw are in addition to any
other remedies available to the County at law or under the MGA, including an injunction
under Section 554 of the MGA.
SECTION 6—OFFENCES AND PENALTIES
6.1 Any Person who contravenes any provision of this Bylaw is guilty of an offence and is
liable on conviction to pay a penalty as set out on Schedule"A" herein.
SECTION 7—VIOLATION TAGS
7.1 In addition to issuing an Order under this Bylaw, a Bylaw Enforcement Officer is hereby
authorized and empowered to issue a Violation Tag to any Person who the Bylaw
Enforcement Officer has reasonable and probable grounds to believe has contravened
any provision of this Bylaw.
7.2 A Violation Tag shall be served upon such a Person:
a. In the case of a corporation, by serving the Violation Tag personally or by
registered mail upon the manager, secretary or other executive officer of the
corporation, or another Person apparently in charge of the corporation's branch;
or
b. In the case of an individual, personally, by registered mail or by leaving it with a
person at the Person's residence who has the appearances of being at least
eighteen (18) years of age.
7.3 The Violation Tag shall be in a form approved by the CAO and shall state:
a. The name of the Person;
b. A description of the Property or County Property;
c. The offence;
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d. The appropriate penalty for the offence as specified in Schedule "A" of this
Bylaw;
e. That the penalty shall be paid within thirty (30) days of the issuance of the
Violation Tag; and
f. Any other information as may be required by the CAO.
7.4 Where a contravention of this Bylaw is of a continuing nature, a contravention
constitutes a separate offense in respect to each day or part of a day on which it
continues.
7.5 Where a Violation Tag is issued pursuant to this Bylaw, the Person to who a Violation
Tag is issued may, in lieu of being prosecuted for the offence, pay to the County
treasurer the penalty specified on the Violation Tag.
SECTION 8—VIOLATION TICKET
8.1 In those cases where a Violation Tag has been issued and the penalties specified on the
Violation Tag have not been paid within the prescribed time, a Bylaw Enforcement
Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part
2 of the Provincial Offences Procedure Act.
8.2 Additionally, a Bylaw Enforcement Officer is hereby authorized and empowered to
immediately issue a Violation Ticket to any person who the Bylaw Enforcement Officer
has reasonable and probable grounds to believe has contravened any provision of this
Bylaw.
SECTION 9 —GENERAL
9.1 Should any provision of this Bylaw be invalid, then such invalid provision shall be
severed, and the remaining Bylaw shall be maintained.
9.2 Evidence that a person is an owner of Property/land contiguous to County Property on
which there is an Unauthorized Use is prima facie proof that the owner of the lands is
responsible for the Unauthorized Use.
9.3 The County is not required to post signage on County Property prohibiting Unauthorized
Use.
9.4 The County is not liable for any damages or costs suffered by persons in relation to
enforcing this Bylaw and remedying Unauthorized Use.
9.5 The County is not liable for not taking actions or measures to enforce this Bylaw.
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9.6 This Bylaw shall come into effect once it has received the required readings and has
been signed.
August 5, 2021 MOVED BY COUNCILLOR BRIAN DE JONG that Bylaw 2017-21 receive
FIRST reading.
MOTION CARRIED
September 9, 2021 MOVED BY COUNCILLOR TRACY FYFE that Bylaw 2017-21 receive �
SECOND reading.
MOTION CARRIED
September 9, 2021 MOVED BY COUNCILLOR HUBY KALLEN that Bylaw 2017-21 receive THIRD
and FINAL reading.
MOTION CARRIED
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Reeve— Molly Dougfass Chief Administrative Officer— Matt Fenske
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SCHEDULE "A" FINES
$1,000— First Offence
$2,500—Second Offence
$5,000—Third and any subsequent Offence
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