The URL can be used to link to this page

Home My WebLink AboutPost-Meeting Agenda Package - CoW_May21_2024COMMITTEE OF THE WHOLE POST-MEETING AGENDA Tuesday, May 21, 2024, 8:30 a.m. 1600 2nd Street NE Three Hills, AB T0M 2A0 https://www.youtube.com/@kneehillcounty48 Pages 1.Call to Order 1.1 Approval of Agenda 1.2 Approval of Minutes 1.2.1 Approval of the April 16, 2024 COW Meeting Minutes 2 2.New Business 2.1 Policy Review 13.10 Mailboxes 5 2.2 Policy Review 13.6.7 Gravel Stockpile Leases 7 2.3 Unsightly Premises Draft Bylaw 11 3.Closed Session 4.Adjournment __________Initials 1 Committee of the Whole Minutes April 16, 2024, 8:30 a.m. 1600 2nd Street NE Three Hills, AB T0M 2A0 Council Present: Faye McGhee, Councillor Debbie Penner, Councillor Jerry Wittstock, Deputy Reeve Carrie Fobes, Councillor Laura Lee Machell-Cunningham, Councillor Wade Christie, Councillor Kenneth King, Reeve Staff Present: Mike Haugen, Chief Administrative Officer Mike Ziehr, Director of Infrastructure Kevin Gannon, Director of Community Services Theresa Cochran, Director of Corporate Services Fallon Sherlock, Manager of Parks and Agricultural Services Carolyn Van der Kuil, Legislative Services Coordinator _____________________________________________________________________ 1. Call to Order Reeve King called the meeting to order at 8:30 a.m. 1.1 Approval of Agenda Additions to the Agenda: 3.0 Closed Session 3.1 Third Party Business (Section 16-FOIP) Resolution: CW089 Moved by: Councillor Christie That the Committee of the Whole approve the agenda as amended. CARRIED UNANIMOUSLY Page 2 of 44 April 16, 2024 __________Initials 2 1.2 Approval of Minutes 1.2.1 Approval of the February 20, 2024 COW Meeting Minutes Resolution: CW090 Moved by: Councillor Penner That the Committee of the Whole approves the adoption of the minutes of the February 20, 2024 Committee of the Whole meeting, as presented. CARRIED UNANIMOUSLY 2. New Business 2.1 Vegetation Cutting Request and Service Level Review The Chair deferred this item until later in the meeting, in order to accommodate the scheduled Delegation, which was set for 10:00 a.m. 2.4 Delegation- Alberta Utilities Commission The Chair called for a recess at 9:47 a.m. and called the meeting back to order at 10:00 a.m. with all previously mentioned members present. Resolution: CW094 Moved by: Councillor Christie That the Committee of the Whole recommend to Council to receive for information the Alberta Utilities Commission presentation. CARRIED UNANIMOUSLY 2.1 Vegetation Cutting Request and Service Level Review Cont'd The Chair called for a recess at 11:08 a.m. and called the meeting back to order at 11:20 a.m. with all previously mentioned members present. Resolution: CW091 Moved by: Councillor Penner That the Committee of the Whole recommend that Council consider mowing and snow removal agreements with the Rural Community Halls within our Kneehill County Hamlets. CARRIED UNANIMOUSLY Page 3 of 44 April 16, 2024 __________Initials 3 Resolution: CW092 Moved by: Councillor Fobes That the Committee of the Whole recommend that Council consider the development of a mowing of private cemetery level of service, after consultation with private cemetery owners. CARRIED UNANIMOUSLY 2.3 Enterprise Vehicle Leasing Resolution: CW093 Moved by: Councillor McGhee That the Committee of the Whole receive the update on the Enterprise Vehicle Leasing Program as information. CARRIED UNANIMOUSLY 3. Closed Session The Chair called for a recess at 12:02 p.m. and called the meeting back to order at 12:07 p.m. with all previously mentioned members present. Moved by: Councillor Fobes That this meeting goes into closed session at 12:07 p.m. for the following reason:  Third Party Business Interest (FOIP- Section 16) CARRIED UNANIMOUSLY 12:24 p.m. - meeting recessed to allow return of public. 12:24 p.m. - meeting resumed. Moved by: Councillor Cunningham That Council return to open meeting at 12:26 p.m. CARRIED UNANIMOUSLY 4. Adjournment The meeting adjourned at 12:26 p.m. Jerry Wittstock, Deputy Reeve Mike Haugen, CAO Page 4 of 44 Committee of the Whole Discussion Report Page 1 of 1 Version: 2023-01 Subject: Policy Review 13.10 Mailboxes Meeting Date: Tuesday, May 21, 2024 Prepared By: Mike Conkin, Project Construction Supervisor Presented By: Mike Conkin, Project Construction Supervisor RECOMMENDATION: That the Committee of the Whole recommend to Council to approve policy 13-10 as presented. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☒ ☐ ☒ ☐ ☐ High Quality Infrastructure Economic Resilience Quality of Life Effective Leadership Level of Service RELEVANT LEGISLATION: Provincial (cite)- Council Bylaw/Policy (cite)- 13-10, Mailboxes. BACKGROUND/PROPOSAL: Kneehill County policies are presented for review every four years (at a minimum). This review by Council ensures the policies will remain current and allows for any modifications to be made based on changing legislative requirements. This review is regarding Policy 13-10 Mailboxes. At this time, administration does not recommend any changes be made to the current policy as previously approved. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: Attached policy is recommended for approval as presented, no changes or revisions have been made to the previously approved policy. FINANCIAL & STAFFING IMPLICATIONS: NA ATTACHMENTS:  Policy 13-10, Mailboxes. (Final version) APPROVAL(S): Mike Haugen, Chief Administrative Officer Approved- ☒ Page 5 of 44 POLICY Section Policy No. Page TRANSPORTATION 13-10 1 of 1 Policy Title Date: Motion No. Mailboxes Purpose: To establish guidelines for mailbox replacement responsibility. Policy Guidelines: The County will not accept responsibility for destruction of any mailboxes. The County will, if necessary to complete a road construction project, remove and reinstall a mailbox located along the right-hand side of the road according to the courier’s line of travel in such a position that the mailbox does not extend over the shoulder of the road. For safety concerns, mailboxes and posts must be constructed of materials light enough to minimize damage and hazard if struck by a vehicle. Ken King, Reeve Mike Haugen, CAO Approved: April 25, 2002 Approved: March 14, 2017 113/17 Approved: August 18, 2020 326/20 Revie w Date : August 18, 2024 Page 6 of 44 Committee of the Whole Discussion Report Page 1 of 2 Version: 2023-01 Subject: Policy Review 13.6.7 Gravel Stockpile Leases Meeting Date: Tuesday, May 21, 2024 Prepared By: Mike Conkin, Project Construction Supervisor Presented By: Mike Conkin, Project Construction Supervisor RECOMMENDATION: That the Committee of the Whole recommend to Council to approve the revisions to policy 13.6.7 and direct administration to add gravel stockpile lease rates to the Master Rates Bylaw at it’s next normal update. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☒ ☐ ☐ ☐ ☒ High Quality Infrastructure Economic Resilience Quality of Life Effective Leadership Level of Service RELEVANT LEGISLATION: Provincial (cite)- Council Bylaw/Policy (cite)- Policy 13.6.7 Gravel Stockpile Leases BACKGROUND/PROPOSAL: Kneehill County policies are presented for review every four years (at a minimum). This review by Council ensures the policies will remain current and allows for any modifications to be made based on changing legislative requirements. Kneehill County currently leases two stockpile sites. During the winter months Kneehill County currently stockpiles between 10,000 and 15,000 tonnes of gravel at both sites. This reduces the haul time in the summer allowing for a more efficient re-graveling program. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: The attached policy is presented with the recommended revisions. The revisions presented inc lude key points such as:  Rate will no longer be put within the policy itself. Instead, rates will be set out in the Master Rates Bylaw at $600 per acre.  Details of removal and cancellation of the lease are set out within the policy, whereas they were previously only within the lease agreement. FINANCIAL & STAFFING IMPLICATIONS: N/A ATTACHMENTS: Policy 13.6.7 (redline version with proposed changes) Page 7 of 44 Committee of the Whole Discussion Report Page 2 of 2 Version: 2023-01 Policy 13.6.7 (final blackline version) APPROVAL(S): Mike Haugen, Chief Administrative Officer Approved- ☒ Page 8 of 44 POLICY Section Policy No. Page TRANSPORTATION 13-6-7 1 of 1 Policy Title Date: Motion No. Gravel Stockpile Leases Purpose: To establish the compensation payable for gravel stock pilestockpile leases within Kneehill County. Policy Guidelines: 1. The compensation payable for a gravel stock pilestockpile lease will be set on an annual basis through Kneehill County’s Master Rates Bylaw is $600.00 per acre with a minimum payable amount of one acre. 2. When the lease is cancelled Kneehill County will have six months to remove the stockpile and reclaim the site. and site reclaimed Once completed the County shall pay $600.00 per acre as general land damages, with the minimal minimum area payable being one acre $600.00. 3. Upon expiry, any Leases that are renewed will be updated in accordance with this policy. Ken King, Reeve Mike Haugen, CAO Adopted: April 25, 2002 Approved: October 11, 2022 493/11 Approved: June 13, 2017 334/17 Approved: July 21, 2020 298/20 Approved: April 11, 2024 Review Date: April 11, 2028 Page 9 of 44 POLICY Section Policy No. Page TRANSPORTATION 13-6-7 1 of 1 Policy Title Date: Motion No. Gravel Stockpile Leases Purpose: To establish the compensation payable for gravel stockpile leases within Kneehill County. Policy Guidelines: 1. The compensation payable for a gravel stockpile lease will be set on an annual basis through Kneehill County’s Master Rates Bylaw with a minimum payable amount of one acre. 2. When the lease is cancelled Kneehill County will have six months to remove the stockpile and reclaim the site. Once completed the County shall pay general land damages, with the minimal area payable being one acre 3. Upon expiry, any Leases that are renewed will be updated in accordance with this policy. Ken King, Reeve Mike Haugen, CAO Adopted: April 25, 2002 Approved: October 11, 2022 493/11 Approved: June 13, 2017 334/17 Approved: July 21, 2020 298/20 Approved: April 11, 2024 Review Date: April 11, 2028 Page 10 of 44 Committee of the Whole Discussion Report Page 1 of 4 Version: 2023-01 Subject: Unsightly Premises Draft Bylaw Meeting Date: Tuesday, May 21, 2024 Prepared By: Debra Grosfield, CLGM, Protective Services Manager & Barb Hazelton, Planning Manager Presented By: Debra Grosfield, CLGM, Protective Services Manager & Barb Hazelton, Planning Manager RECOMMENDATION: That the Committee of the Whole recommend that Council adopt the updated Unsightly Premises Bylaw. STRATEGIC PLAN ALIGNMENT: (Check all that apply) ☐ ☐ ☒ ☐ ☒ High Quality Infrastructure Economic Resilience Quality of Life Effective Leadership Level of Service RELEVANT LEGISLATION: Council Bylaw/Policy (cite): Attached: Nuisance & Unsightly Bylaw #1630 Provincial (cite)- Municipal Government Act, Section 546 Page 11 of 44 Committee of the Whole Discussion Report Page 2 of 4 Version: 2023-01 BACKGROUND/PROPOSAL: At the December 5th, 2023 Committee of the Whole meeting, Council requested information regarding our unsightly premises process at Kneehill County, after concerns from r atepayers. Administration presented relevant provincial legislation under the Municipal Government Act on a variety of topics such as municipal inspections and enforcement (Section 542), Order to remedy contraventions (Section 545) and Order to remedy dangers and unsightly property (Section 546). Our current unsightly bylaw was presented, as well as a presentation on the files the Planning Department and the Protective Services Department have completed within the past few years. The presentation also inclu ded how Planning and Protective Services work together on many files as some are enforced under the Land Use Bylaw, while others are enforced under other various bylaws. This presentation described what happens with a complaint from initial submission to a consideration of end result. From this meeting, the Committee of the Whole gave direction to Administration to come back to a future COW with recommended changes to our Unsightly Premises Bylaw, with further research comparisons of other bylaws such as Mo untain View and Wheatland County’s. At the February 20, 2024 Committee of the Whole meeting, Council reviewed the comparison of our existing Unsightly Premises Bylaw with Mountain View County and Wheatland County’s bylaws. The key points discussed included jurisdiction (ours is only in effect for Hamlets), Warning Letters, Accumulating Matter, Dangerous or Unsafe Properties, Vegetation Growth and Derelict Vehicles. Answers were provided for specific questions raised from the December COW, including further details on our level of success in completing the files. Administration provided other tools and proactive approaches to consider in cleaning up properties that aren’t “ticket” based, such as community clean ups and surveys. The Committee of the Whole gave direction to Administration to come back to a future COW meeting with a draft bylaw, including further comparisons of other municipal bylaws. For today’s COW meeting, we have attached a presentation on further comparisons of these bylaws, as requested. Kneehill County, Red Deer County, Mountain View County, Rocky View County, Wheatland County and Lethbridge County’s bylaws have been reviewed and a comparative document has been attached in the package. Topics of comparison include Nuisance & Unsightly Defin itions, Agriculture Property Enforcement, Derelict Vehicles, Enforcement Tools described within the bylaws, as well as Fines comparison. We also included the Order Appeal Process (as described in the Municipal Government Act) and provided our 6 Step Process on Enforcement as supplemental information. DISCUSSION/OPTIONS/BENEFITS/DISADVANTAGES/OTHER CONSIDERATIONS: As requested at the February 20th, 2024 COW meeting, a new Unsightly Premises Bylaw has been drafted, taking into consideration Council’s suggestions from the December and February meetings, and the best practices and wording from the other municipalities. Our process continues to be driven by consistency in process and discretion of the Enforcement Officer and Designated Officers, as described in the new bylaw. Enforcement is initiated by citizen complaints or concerns. The breakdown of suggested changes is provided in the table below. An exam ple situation is provided. For each example, there is an Enforcement reference to certain sections of the bylaw that would be applied throughout our process steps. Administration is seeking clarity on the expectations of Council on each of the examples. Generally, we are endeavoring to provide Council with a bylaw which is enforceable within our existing level of service for all residents of Kneehill County. Page 12 of 44 Committee of the Whole Discussion Report Page 3 of 4 Version: 2023-01 Situation Example Enforcement Council Expectations on this? - See Discretionary Part 3(6) Unsightly premises Apply Part 4 (General Prohibited), apply Part 5 (Property Standards and Maintenance) There is a discretionary clause in Part 3(6.1) for Ag Practices and lands. What is our goal within residential areas on this? Is that the same for Ag properties? Ex: Graffiti on buildings? Ex: Grain bins or bags? Permitted use complaints Apply Part 3(7) permitted uses under development approval conditions. These are enforced through the LUB, development conditions. Vehicle and Equipment Apply Part 6 – no more than 2 allowed (this matches the LUB for residential areas). Discretionary clause in Part 6 (17) What is our goal within residential areas on this? Is that the same for Ag properties? Ex: An old thrasher or tractor as a lawn ornament? Ex: Multiple non-running equipment on property Reasonable State of Repair Apply Part 5 (11) Ex: Old barns? Ex: Dangerous Properties Apply Part 8 (25)(1), with the MGA Hamlet – other nuisances? Not included in this bylaw, would you like them to be? (Lights, water runoff, smoke odours, noise) Our next steps on this Bylaw would be to take the Committee of the Whole’s direction today and update the draft with your suggestions. We would also require a legal review of this bylaw. If it is ready with minor changes, we will bring back to a future Council meeting. Should the Committee of the Whole decide further research or other direction is required, we would bring back to a future COW meeting. FINANCIAL & STAFFING IMPLICATIONS: Internally, Community Peace Officers and Planning Department continue to work on enforcement files as part of their daily processes and procedures. Our capacity to enforce files will be dependent on Council’s expectatio ns on level of service through this bylaw. Should Council decide to move from complaint basis to proactive, we would need additional enforcement resources. A legal review of the bylaw will be funded through our operating administrative budget. Page 13 of 44 Committee of the Whole Discussion Report Page 4 of 4 Version: 2023-01 ATTACHMENTS: Nuisance & Unsightly Bylaw #1630 DRAFT Unsightly Bylaw # Presentation – Unsightly Properties – Comparison of Bylaws APPROVAL(S): Mike Haugen, Chief Administrative Officer Approved- ☒ Page 14 of 44 Page 15 of 44 Page 16 of 44 Page 17 of 44 Page 18 of 44 Page 19 of 44 Page 20 of 44 Page 21 of 44 Page 22 of 44 Page 23 of 44 Page 24 of 44 Unsightly Properties – Comparison of Bylaws Page 25 of 44 Nuisance & Unsightly Definitions Kneehill Red Deer Mtn View Rocky View Wheatland Lethbridge Can’t have an excessive accumulation and kept tidy (in Hamlet only). Includes specifics on weeds, grass, trees, pests and smoke, and construction sites. Nuisance defined as generally affecting the area. May include but not limited to… grass, shrubs, buildings, animal material, vehicles, garbage, holes, pests, smoke, signs. States excludes Noise. In the opinion of the Designated Officer, constitutes unreasonable with others enjoying their own property. May include but not limited to… grass, shrubs, buildings, animal material, vehicles, garbage, holes, pests, graffiti. In the opinion of the Designated Officer, constitutes unreasonable with others enjoying their own property. May include but not limited to… grass, shrubs, buildings, animal material, vehicles, garbage, holes, pests, graffiti. Generally affecting the area with unreasonable interference of others enjoyment. Unsightly Condition, in the opinion of the Enforcement Officer, reference to surrounding properties. Excludes commercial, County activities, Landfills, any operation or activity with approved development permit. Page 26 of 44 Ag Property Enforcement Kneehill Red Deer Mtn View Rocky View Wheatland Lethbridge Bylaw is in effect for Hamlets only The investigator will deem if the complaint is valid. Nothing specific to farms, etc. In determining whether a Property is Unsightly, an Officer shall regard the normal use and location, as well as the Agricultural identity and operations of the property. Accumulation of animal material not considered excessive for agricultural activity. Shall regard the normal use and location. Accumulation of Animal Material on agricultural lands shall not constitute as a nuisance or unsightly property. Define Rural Property* (Ag General, Country Residential, Industrial) and Urban Property (any other than the above). Animal Material includes pens, feedlots. Determination based on neighbourhood. Exemptions to unsightly properties include: Commercial, Industrial, Agricultural, County activities, Landfills, Lands that are Rural Ag District (including manure) Page 27 of 44 Derelict Vehicle Enforcement Kneehill Red Deer Mtn View Rocky View Wheatland Lethbridge Can’t have an excessive accumulation and kept tidy (in Hamlet only). LUB states no more that 2 vehicles and 1 RV in a tidy manner. Nuisance defined as generally affecting the area, including accumulation of vehicles. No specific number. Derelict vehicle defined, includes farm equipment, but is not contained anywhere else in the bylaw. Derelict vehicle and Derelict equipment included in the Unsightly Property definition, based on the discretion of “normal use” of the area. In a Hamlet, no more than 2 unregistered vehicles on property. Can exercise discretion based on property Unsightly includes having 2 or more unregistered vehicles on the property which are visible from public property. Page 28 of 44 Enforcement Tools in Bylaws Kneehill Red Deer Mtn View Rocky View Wheatland Lethbridge May be issued a Notice May apply for extension Violation Ticket may be issued under Bylaw or Provincial Ticket May take actions to remedy Order to Remedy Dangers and Unsightly Property under Section 546 of Municipal Government Act. Derelict vehicle defined, includes farm equipment, but is not contained anywhere else in the bylaw. Compliance and/or Stop Order Violation Ticket Court Warning Letter Remedial Order Violation Tag Violation Ticket under Bylaw or Provincial Court Enforcement Officer may issue Order of Compliance Violation Ticket Page 29 of 44 Fines Kneehill Red Deer Mtn View Rocky View Wheatland Lethbridge General prohibitions of bylaw: First $150-250 Second $250- 500 Third $500-1000 Four+ $1000 General prohibitions of bylaw: First $500 Second $750 Third+ $1000 Minimum and Specific Penalties in Schedule: First $500-1000 Second $1000- 2000 Third+ $2000- 3000 Appeal Fee of $425 Minimum and Specific Penalties in Schedule: First $500-1000 Second $1000- 2000 Third+ $2000- 3000 Minimum and Specific Penalties in Schedule: First $250 Second $500 General prohibitions of bylaw: First $250 Second $500 Page 30 of 44 Order Appeal Process Kneehill Red Deer Mtn View Rocky View Wheatland Lethbridge Enforcement Officer may issue Bylaw Compliance Notices. Orders are not part of our existing bylaw. Nuisance Abatement Committee (consists of a quorum of the Subdivision and Development Appeal Board appointed by Council). When an Order is not complied with, OR if it is Appealed (with a fee). Designated Officer issues Compliance Order. Appeal (with $425 fee) to Unsightly Property Abatement Committee (an established Council Committee, 30 days to hear appeal, 15 days to write decision, 30 days to abate) Enforcement Appeal Committee (an established Council Committee 7-14 days to hear appeal) Request for Review of Remedial Order by Council section. Notice of Appeal to County Council for determination (30 days to hold hearing) Page 31 of 44 Our Process: Step 1: Initial Complaint Received •County receives complaint and decides whether or not to act based on many factors discretionary to file, or authority/jurisdiction. •Open a file and investigate (create report, take photos, possibly work with planning on the issue). •Call the resident or talk to them directly about the concern, agreeable actions and deadline to complete. Step 2: Verbal Call and/or Visit Property •From verbal call or visit, check on property for progress •If they have complied with request then great! Page 32 of 44 Our Process: Step 3: Send an Unsightly Premises Letter •If non-compliance, send warning letter to give extension or Unsightly Premises Letter detailing what needs to be completed exactly, and by when (with “reasonable” lens). •Citing the bylaw infraction, include that a fine may be issued cite the bylaw. Step 4: Check on Property for Progress •If they are making progress, and working with us, the Officer and person may come to an agreement on an extension. •Continue to work with individual for compliance, ultimately this is what we want. Page 33 of 44 Our Process: Step 5: Ticketing •This is an enforcement tool, but this doesn't always lead to compliance. •This may just shut them down from working with you. •Before a ticket is issued, administration will make this decision prior to it going to the property owner/renter. •Bylaw ticket – payment goes to municipality, we get 100% •Provincial ticket – payment goes to province, we get 40%Page 34 of 44 Our Process:Step 6: Stop, Remedial Order process, Court Order •Should there be little action taken, legal may need to get involved. •Under the MGA, municipalities may enter on the lands and clean them up, however this comes with resource costs, legal costs, and storage costs, as per the MGA. The courts may decide to charge back these costs. •An Unsightly or Remedy Order is Appealable under the MGA Sect. 547 (would be heard by Council) •A Court Order is final process for a decision.Page 35 of 44 BYLAW NO XXXX UNSIGHTLY PREMISES BYLAW A BYLAW OF KNEEHILL COUNTY, IN THE PROVINCE OF ALBERTA, TO PROVIDE FOR THE ABATEMENT AND CONTROL OF UNSIGHTLY PROPERTY WHEREAS the Municipal Government Act; authorizes a municipality to pass bylaws respecting the safety, health and welfare of people and protection of people and property; AND WHEREAS the Municipal Government Act; authorizes a municipality to pass bylaws respecting nuisances, including Unsightly Property; AND WHEREAS the Municipal Government Act; authorizes a municipality to pass bylaws regarding the remedying of contraventions of Bylaws; NOW THEREFORE, the Council of Kneehill County, duly assembled, enacts as follows: PART ONE INTRODUCTION 1. TITLE This Bylaw shall be known as the “Unsightly Premises Bylaw”. 2. DEFINITIONS In this bylaw the following words and phrases mean: a. “Agricultural Practices” means agricultural practices that are conducted in a manner consistent with appropriate and accepted customs and standards as established and followed by similar agricultural operations under similar circumstances or lands. b. “Animal Material” means any animal excrement, offal, carcasses, including material from pet pens, yards, stables, or kennels. c. “Building Material” means materials from a construction or demolition site that may include concrete, asphalt, lumber, steel, glass, plaster, drywall, earth, rock or similar materials displaced during construction or repair. d. “Construction” means the temporary process of demolishing or building any Structure or repairing or improving a building that already exists, including landscaping, home repairs, Property improvement and any work in connection with that process; e. “Council” means the Council of Kneehill County. Page 36 of 44 Bylaw No. xxxx, Unsightly Premises Page 2 of 9 f. “County” means the municipality of Kneehill County. g. “Court” means the Provincial Court of Alberta. h. “Dangerous Property” means any condition on a Property which, in the opinion of a Designated Officer, may create or constitute a danger to public safety. i. “Designated Officer” means the person appointed by Council to enforce the provisions of this Bylaw with authorities and duties defined in the MGA. j. “Enforcement Officer” means a bylaw enforcement officer, a community peace officer employed by Kneehill County, or member of the RCMP. k. “LUB” means Kneehill County’s Land Use Bylaw as amended from time to time. l. “Motor Vehicle” means a Motor Vehicle as defined in the Traffic Safety Act, RSA 2000, c. M26 as amended or replaced from time to time. m. “MGA” means the Municipal Government Act, RSA 2000, c. M26 as amended or replaced from time to time. n. “Occupant” means any Person other than the registered Owner who is in possession of the Property, including but not limited to, a lessee, licensee, tenant or agent of the Owner. o. “Order” means an Order as described in the Municipal Government Act, or Part 2 of this Bylaw. p. “Owner” means: i. The Person as registered on the title at the Land Titles Offices; ii. A Person who is recorded as the Owner of the Property on the County’s assessment roll; iii. A Person who has purchased or otherwise acquired Property, whether purchased or acquired directly from the Owner or from another purchase, and has not become the registered Owner thereof; iv. A Person controlling the Property under construction; or v. A Person who is the Occupant of the Property under a lease, license or permit. q. “Person” includes a corporation, an individual, and their heirs, executors, administrators or other legal representatives of an individual. r. “Pest” means any animal identified in the Pest and Nuisance Control Page 37 of 44 Bylaw No. xxxx, Unsightly Premises Page 3 of 9 Regulation (3(1)) under the Agricultural Pests Act, including coyotes and skunks. s. “Property” means land, buildings, structures or premises, or any Personal Property located thereupon within the municipal boundaries of the County. t. “Provincial Offences and Procedures Act” means the Provincial Offences and Procedures Act, RSA 2000, c P34, and regulations thereof, as amended and replaced from time to time. u. “Public Property” means any land owned by or under control of the County. v. “Reasonable State of Repair” means buildings and structures that are: i. Structurally sound; ii. Free from damage or deterioration; iii. Safe for its intended use; iv. So as not to present as an Unsightly Premises. w. “Recreational Vehicle” means a vehicle designed to be transported on its own wheels or by other means (including units mounted permanently or otherwise on trucks), designed, constructed, reconstructed or added to by accessories in such a manner as will permit its use for sleeping or living purposes for one or more persons and used exclusively by tourists or transient(s) on a generally short term basis which would include a travel trailer, tent trailer and/or motor home. x. “Structure” includes anything, permanent or temporary, constructed or placed on, in, over, or under land. y. “Unsightly Premises” means any Property or part of it that exhibits visual evidence of a lack of general maintenance to land or Buildings, Personal property or any combination of, which in the opinion of the Designated Officer, is unsightly to such a degree as to be detrimental of the surrounding area or in an unsightly condition as defined in the MGA, and may include the following: i. the storage, stockpile or accumulation of garbage, refuse, discarded furniture, household appliances, scrap metals, tires, power tools, household appliances; ii. any human excrement or sewage; iii. accumulation of Animal Material, Building Material or Yard Material; Page 38 of 44 Bylaw No. xxxx, Unsightly Premises Page 4 of 9 iv. the whole or any part of any vehicle or vehicles including those which are not registered with the Motor Vehicle Registry for the current year and which are inoperative by reason of disrepair, removed parts or missing equipment, or any vehicles which are otherwise not in a roadworthy condition; v. the failure to cut or control grass and vegetation on the Property, including the growth of trees or shrubs in such a manner that they interfere with or endanger visibility to street signage or roadway clearance; vi. the failure to keep buildings and structures in a reasonable state of repair, permitting a building or structure to deteriorate, become damaged or exist in a derelict state; vii. presence of graffiti that is visible from any surrounding Property; viii. allowing conditions that result in an infestation of Pests on the Property; ix. allowing a hole, excavation or accumulation of material that may be dangerous to public health or safety, to exist on the Property. z. “Vegetation” means grass, trees, shrubs, vines, and all other plants. aa. “Weeds” means noxious weeds as defined by the Weed Control Act; and designated in accordance with Weed Control Regulations. bb. “Yard Material” means organic matter formed because of gardening or horticultural activities, including grass, trees, hedge cuttings. PART TWO TRANSITION 3. Severability (1) If a portion of this bylaw is found by a court of competent jurisdiction to be invalid, the invalid portion will be voided, and the rest of the bylaw remains valid and effective. 4. Effective Date (1) This bylaw comes into effect upon third reading of this bylaw. 5. Bylaw Repeal (1) Bylaw No. 1630 is hereby repealed. PART THREE GENERAL GUIDELINES 6. When deciding as to whether a Property is Unsightly in this Bylaw, the Enforcement Officer and Designated Officer considerations shall include: (1) The normal use and location, as well as the Agricultural Practices or land Page 39 of 44 Bylaw No. xxxx, Unsightly Premises Page 5 of 9 use (permitted agricultural, commercial) of the Property; and (2) The general condition and state of tidiness of the neighb oring or surrounding Properties; and (3) The location and permitted use of the Property; and (4) The period of time the Property has been in the state complained of; and the period of time that such activity has been ongoing; and (5) The historical significance; and (6) Any other circumstances or facts relating to the Property that the Court deems are relevant to said determination. 7. Any operation or activity operating under a valid County development approval condition is exempt from this Bylaw. PART FOUR GENERAL PROHIBITIONS 8. An Owner shall not cause or allow their Property to be an Unsightly Property, or Dangerous Property. 9. The accumulation of Building Material and equipment on a Property where a valid Permit exists shall not constitute an Unsightly Property so long as: (1) The Building Material and equipment is related to the work authorized under the permits; and (2) In the opinion of the Designated Officer, the work is currently in progress, not excessive, and all reasonable steps are minimizing the Unsightly or Dangerous nature of the Property. 10. The accumulation of Animal Material on a Property designated or permitted for use as agricultural lands shall not constitute an Unsightly Property under this Bylaw so as long as, in the opinion of the Designated Officer, the accumulation is not considered excessive given the scope and scale of the activity. PART FIVE PROPERTY STANDARDS AND MAINTENANCE 11. Every Owner shall ensure that the Property is maintained in a Reasonable State of Repair, as defined. 12. Every Owner shall take reasonable steps to prevent attracting, sustaining, or the breeding of Pests on their Property. 13. Every Owner shall take reasonable steps to prevent the accumulation of materials that may create unpleasant odours coming from their Property. 14. Every Owner shall ensure: (1) Weeds on the Property, and on any boulevard which abuts or adjoins the Property, are eradicated, and controlled. (2) Vegetation and Yard Material on the Property are maintained, removed, and controlled as to not obstruct any person using any publicly owned sidewalk, street or highway, or not to become an unsightly premises, having regard to the height of the grass on surrounding properties. Page 40 of 44 Bylaw No. xxxx, Unsightly Premises Page 6 of 9 (3) Vegetation and Yard Material on the Property are maintained, removed, and controlled as to not allow any infectious disease of trees and other Vegetation located on the Property to spread. PART SIX VEHICLE & EQUIPMENT PROHIBITIONS 15. No Owner of the Property shall allow the exterior storage or parking of a derelict Motor Vehicle more than fourteen (14) consecutive days in residential districts where the land is used primarily for residential purposes, as defined in the LUB. 16. No Owner of the Property shall allow more than one (1) Recreation Vehicle or more than two (2) Motor Vehicles in a residential area where they shall be kept in a manner, in the opinion of the Enforcement Officer, that does not become unsightly or adversely affect the amenities of the area, as defined in the LUB. 17. Notwithstanding the foregoing, the storage of any number of unregistered Motor Vehicles and/or inoperative Motor Vehicles on a parcel which are part of a permitted Agricultural Practice, district, lands, or commercial use as defined by the LUB, are permissible, unless, in the opinion of the Enforcement Officer or Designated Officer, the accumulation on the Property becomes unsightly or adversely affects the amenities of the area. PART SEVEN ENFORCEMENT PROCESS 18. Complaint Process (1) Unsightly premises complaints shall be referred to the Protective Services Department. (2) The complaint shall be reviewed with deemed necessary internal departments, including Planning. 19. Investigation & Determination (1) The Enforcement Officer will conduct an investigation of the condition of the Property and nature of the complaint. (2) A determination is made, as per Part Three of this Bylaw. If the complaint is unfounded, the complainant will be notified. 20. Authority to Enter Lands (1) An Enforcement Officer and/or Designated Officer ensures that the provisions of this Bylaw are being complied with and as such, a Designated Officer may enter in or upon any Property or structure in accordance with Section 542 of the MGA to carry out an inspection, enforcement, remedial action or other action authorized or required by this Bylaw or the MGA. 21. Obstruction of Officers Page 41 of 44 Bylaw No. xxxx, Unsightly Premises Page 7 of 9 (1) No Owner or person shall obstruct, hinder, or impede any Enforcement Officer, Designated Officer, or County employee, contractor or agent in the exercise of any of their powers or duties under this Bylaw or the MGA (2) No Owner or person shall make frivolous or vexatious complaints. PART EIGHT ENFORCEMENT 22. Issuance of Notice (1) Where an Owner of a Property is found by an Enforcement Officer to be in non-compliance with any provision of this Bylaw, the Owner of the Property may receive a notice of non-compliance, verbally and/or in writing. 23. Warning Letter (1) Where an Owner of a Property has been issued a written notice, and no or little action has been taken, a Warning Letter may be issued or served containing the following: (a) The address and/or legal of the Property where the remedial action is required; (b) The conditions that are not in compliance with this Bylaw; (c) The action required to bring the Property into compliance; (d) A deadline for remedial action to be completed, and reference to next options for enforcement. 24. Violations (1) Where an Enforcement Officer has reasonable and probable grounds to believe that the Owner or person has violated any provision of this Bylaw, the Enforcement Officer may: (a) Issue the Owner or person a Municipal Violation Tag based on the Minimum and Specified Penalty established in Schedule A for the offence by including the penalty in the Violation Tag; or (b) Issue the Owner or person a Violation Ticket pursuant to the Provincial Offences Procedures Act; or (c) Require a Court appearance of the Person when the Enforcement Officer believes that it is in the public interest pursuant to the Provincial Offenses Procedures Act. (2) No provision of this Bylaw nor any action taken pursuant to any provision of this Bylaw shall in any way restrict, limit, prevent or preclude the County from pursuing any other remedy in relation to an offence as may be provided by the MGA or any other law of the Province of Alberta. 25. Order Page 42 of 44 Bylaw No. xxxx, Unsightly Premises Page 8 of 9 (1) Where Designated Officer has reasonable and probable grounds to believe that the Owner or person has violated any provision of this Bylaw, the Designated Officer may serve a Stop Order, Remedial Order or Order to Remedy Dangers under MGA Sections 543-554. (2) A Municipal Council may review the Order as per MGA Section 547. (3) An Owner or person affected may appeal the reviewed decision of Council through the Court of Kings Bench, as per MGA Section 548. PART NINE COUNTY COSTS 26. Any expenses or costs incurred through any enforcement action or measure taken by the County under this Bylaw, including the receipt of legal advice, are amounts owing to the County by the owner or any other person responsible for the contravention of this Bylaw and may be collected as a civil debt or added to the tax roll for the Property pursuant to the MGA. 27. If the County sells all or part of any materials or structures that have been removed pursuant to an Order issued under this Bylaw, the proceeds of the sale shall be used to pay the expenses of the enforcement procedure, and costs of the removal of such, and any excess proceeds shall be paid to the Owner of the Property. PART TEN CAVEAT 28. The County may register a caveat pursuant to MGA Section 546.1(1) of the MGA in respect of any Order against the Certificate of Title for the Property that is the subject of the Order. 29. If a caveat is registered under this Bylaw, the County shall discharge the caveat when the Order has been complied with or when the County has performed the actions or measures necessary to remedy the contravention as stated in the Order. PART ELEVEN PENALTIES 30. An Owner or person that violates any provision of this Bylaw is guilty of an offence and is liable upon conviction to a maximum fine of $10,000.00 or in default of payment of a fine to imprisonment for a period not exceeding one year, or to both fine and imprisonment in such amounts. 31. The minimum and specified penalty for a violation for any provision of this Bylaw are listed in Schedule A. 32. If an Owner or person violates the same provision of this Bylaw a second time within a 12 month period of the date of the initial Violation Ticket or Violation Tag being issued the minimum specified penalty for the second and addition violations shall be as in Schedule A. Page 43 of 44 Bylaw No. xxxx, Unsightly Premises Page 9 of 9 33. In the case of an offence that is of continuing nature, a contravention constitutes a separate offence in respect of each day, or part of a day, on which it continues and an Owner or person guilty of such an offence is liable to a fine in an amount not less than established by this Bylaw for each such day. READ a first time on this ____ day of June, 2024. READ a second time on this ____ day of June, 2024. UNANMOUS permission for third reading given in Council on the ____ day of June, 2024. READ a third time and final time of this ____ day of June, 2024. Reeve Kenneth King Date Bylaw Signed Chief Administrative Officer Mike Haugen Date Bylaw Signed SCHEDULE “A” Minimum Penalties and Specified Fines To be compiled for next draft. Page 44 of 44