Showing posts with label Accomodation in the Crowsnest Pass. Show all posts
Showing posts with label Accomodation in the Crowsnest Pass. Show all posts
Sunday, September 16, 2012
Where are our tax dollars being spent?
Just received a tip that this could be the new Fire Chief's pick up. If in Coleman drop by and have a look where your dollars are going. I did not realise we were in that desperate need of new pickups.
Wednesday, February 8, 2012
Alberta is booming, 2011 Census results released today.
Well almost all of Alberta is booming with a population growth of 10.8% or in real number’s almost 355,000 new residents came to our province during the last five years.
The province is growing in leaps and bounds with the exception of this little corner down here in the South West the Crowsnest Pass actually was one of only four municipalities in Alberta with a population of greater than 5000 that actually shrank, yes our population dropped by 184 people (3.2%).
How will this affect the community?
Right in the pocket book most provincial or federal grants are based on population. My last year on council we were getting roughly $1400 in grants for each resident a drop of 184 based on that same amount would impact the community to the tune of $258,000 per year.
The other problem with this information is that you are stuck with these numbers for five years until the next census.
How did we compare to our neighbours?
Pincher Creek grew by 60 residents or 1.7%
Fort Macleod grew by 45 residents or 1.5%
Cowley grew by 17 residents or 7.8%
Sparwood grew by 49 residents or 1.4%
Elkford grew by 60 residents or 2.4%
Fernie grew by 231 residents or 5.5%
We must keep in mind that this census was conducted last spring so these numbers are very current and would reflect a lot of the hiring that the mines have done over the last two years.
The province is growing in leaps and bounds with the exception of this little corner down here in the South West the Crowsnest Pass actually was one of only four municipalities in Alberta with a population of greater than 5000 that actually shrank, yes our population dropped by 184 people (3.2%).
How will this affect the community?
Right in the pocket book most provincial or federal grants are based on population. My last year on council we were getting roughly $1400 in grants for each resident a drop of 184 based on that same amount would impact the community to the tune of $258,000 per year.
The other problem with this information is that you are stuck with these numbers for five years until the next census.
How did we compare to our neighbours?
Pincher Creek grew by 60 residents or 1.7%
Fort Macleod grew by 45 residents or 1.5%
Cowley grew by 17 residents or 7.8%
Sparwood grew by 49 residents or 1.4%
Elkford grew by 60 residents or 2.4%
Fernie grew by 231 residents or 5.5%
We must keep in mind that this census was conducted last spring so these numbers are very current and would reflect a lot of the hiring that the mines have done over the last two years.
Wednesday, September 14, 2011
More Taxes? Maybe just in a different format.
Last week at the council meeting there was a motion made by Councilor Saje to approve a recommendation from administration to conduct a Facility Audit/Needs Assessment at a cost of up to $90,000.
The motion was passed by a vote of 5-2, (councilors Mitchell and Londsbury opposed). No question this process needs to take place some of our building are in bad shape, there were questions raised by various councilors regarding facilities that were not on the original list, fire halls, seniors facilities etc. To my surprise knowing the positions that some of the councilors previously took nobody raised the Crowsnest Centre.
The big question in my mind is how was this going to be paid for? Administration is recommending that the dollars be taken out of the MSI funding that the municipality receives every year from the provincial government. This is a reasonable approach except it now creates a hole somewhere else. That money has been received by the municipality for quite a few years it’s always been spent, now some where down the line there will be a $90,000 shortfall.
But the optimistic side of my brain says that’s no problem there will surely be saved $90,000 some where in the operation by finding more efficiency improvements that were so often spoke about in the last year this hope did not last long.
Last night I attended the G+P meeting to my surprise during a discussion about organizational responses to public correspondence/calls. The acting CAO made the comment that administration could well be looking at 1-2 more clerical positions for the office. Obviously, no improved efficiency savings in that part of the operation, keep in mind that every person added to the municipality adds another $50-60 thousand per year.
Going back to my original comment where are they going to find additional revenues.
To very little surprise item #5 under topics for discussion is Franchise fees, what has become a great revenue generator for municipalities over the years and allows politicians the opportunity to claim they did not raise your property taxes, very similar to municipal water/sewer/garbage bills.
Right now on your utility bills you will see a line item marked Municipal Franchise fee between the various companies it brings in $360,000 a year, council will be reviewing these rates in the very near future.
On behalf of the over taxed residents of this community I surely hope that all these studies, audits, task forces are going to be paid for by dollars saved in improved efficiencies not by increases in taxes (property, utilities, franchise fees, user fees etc).
The motion was passed by a vote of 5-2, (councilors Mitchell and Londsbury opposed). No question this process needs to take place some of our building are in bad shape, there were questions raised by various councilors regarding facilities that were not on the original list, fire halls, seniors facilities etc. To my surprise knowing the positions that some of the councilors previously took nobody raised the Crowsnest Centre.
The big question in my mind is how was this going to be paid for? Administration is recommending that the dollars be taken out of the MSI funding that the municipality receives every year from the provincial government. This is a reasonable approach except it now creates a hole somewhere else. That money has been received by the municipality for quite a few years it’s always been spent, now some where down the line there will be a $90,000 shortfall.
But the optimistic side of my brain says that’s no problem there will surely be saved $90,000 some where in the operation by finding more efficiency improvements that were so often spoke about in the last year this hope did not last long.
Last night I attended the G+P meeting to my surprise during a discussion about organizational responses to public correspondence/calls. The acting CAO made the comment that administration could well be looking at 1-2 more clerical positions for the office. Obviously, no improved efficiency savings in that part of the operation, keep in mind that every person added to the municipality adds another $50-60 thousand per year.
Going back to my original comment where are they going to find additional revenues.
To very little surprise item #5 under topics for discussion is Franchise fees, what has become a great revenue generator for municipalities over the years and allows politicians the opportunity to claim they did not raise your property taxes, very similar to municipal water/sewer/garbage bills.
Right now on your utility bills you will see a line item marked Municipal Franchise fee between the various companies it brings in $360,000 a year, council will be reviewing these rates in the very near future.
On behalf of the over taxed residents of this community I surely hope that all these studies, audits, task forces are going to be paid for by dollars saved in improved efficiencies not by increases in taxes (property, utilities, franchise fees, user fees etc).
Monday, September 12, 2011
Crowsnest Pass Public Transit Survey
In the last few days you should have received your utility bill, included with it is a survey on public transit.
For more information on public transportation and the costs associated with it take a look at the following post: http://crowsnestpasshome.blogspot.com/2011/05/public-transportation-in-crowsnest-pass.html
I know most people take those surveys and throw them in the garbage typically out of 3500 surveys mailed out the municipality will be lucky if they get 200 back which represents less than 6% of the population.
The problem with that of course is that all politicians have an agenda, things that they would like to see happen over the course of their term.
For example these surveys are usually filled out by people that passionately care about the issue at hand.
So I expect that the vast majority of the surveys the municipality receives will support public transit.
How will the politicians react? well those that are against spending $300,000 a year of taxpayers money will argue that the response represents such a small percentage of the taxpayers that its recommendations are irrelevant.
The politicians that support spending $300,000 a year of taxpayers money will argue that the over whelming response of the public was in support of this. Obviously the 90% that did not respond would have if they really cared about this issue.
The bottom line here is which ever side of this issue you stand on if you do not respond a very small percentage of the voters will have a much larger say in how this issue is decided.
Note:
I noticed the absence of one key question on the survey "Would you be willing to have your taxes increase to provide a public transit system?"
For more information on public transportation and the costs associated with it take a look at the following post: http://crowsnestpasshome.blogspot.com/2011/05/public-transportation-in-crowsnest-pass.html
I know most people take those surveys and throw them in the garbage typically out of 3500 surveys mailed out the municipality will be lucky if they get 200 back which represents less than 6% of the population.
The problem with that of course is that all politicians have an agenda, things that they would like to see happen over the course of their term.
For example these surveys are usually filled out by people that passionately care about the issue at hand.
So I expect that the vast majority of the surveys the municipality receives will support public transit.
How will the politicians react? well those that are against spending $300,000 a year of taxpayers money will argue that the response represents such a small percentage of the taxpayers that its recommendations are irrelevant.
The politicians that support spending $300,000 a year of taxpayers money will argue that the over whelming response of the public was in support of this. Obviously the 90% that did not respond would have if they really cared about this issue.
The bottom line here is which ever side of this issue you stand on if you do not respond a very small percentage of the voters will have a much larger say in how this issue is decided.
Note:
I noticed the absence of one key question on the survey "Would you be willing to have your taxes increase to provide a public transit system?"
Friday, September 9, 2011
Transparency the promise every politician makes but seldom keeps.
Remember a long, long time ago when a group of people sat in a public forum talking about change and Transparency? Last October to be exact down at the Elks Hall in what some people are now referring to has Crowsnest West (Blairmore for those that don’t want to change everything).
On August 22th I posted the following update on some council business that had transpired on August 16th. “Is this the way business should be conducted?” available at the following address. http://crowsnestpasshome.blogspot.com/2011/08/is-this-way-business-should-be.html
Personally I did not agree with the way this issue was dealt with and neither did a lot of other people I spoke to around town. But never the less at least Council and administration at that time felt the right thing to do was to show the public that they were moving forward on this issue and hiring a consultant to conduct the audit. (TRANSPARENCY)
Now we come to the meeting of September 5, 2011 his worship the Mayor and the council are reviewing the minutes of the August 16th meeting. The Mayor raises the issue of the “Enforcement Services Audit” that was brought to Council by the Director of Finance. Strangely he wants to know why this issue was raised by administration, that there was not a need to. Apparently based on the comments I heard Tuesday night when the contract was signed with “Transitional Systems Inc” to provide the Municipality with its Interim CAO, it was stated that their employees, agents etc could be used for other studies, audits etc as required by Council.
With time to reflect on this issue, the following questions jumped into my head.
First why did nobody raise a concern or objection on August 16th, none of the parties to the agreement not the CAO or any member of Council, in fact the individual who now raised these concerns on September 5th was the same individual that made the motion on August 16 to “engage Transitional Systems Inc. to undertake an Enforcement Services Audit…….” When the vote took place it was passed by a count of 6-1 with only Councilor Saje opposed.
Second concern based on my understanding of the Mayor’s comments are we to believe that the agreement they have with Transitional Systems provides council the authority to do any study, audit etc as they see fit without bringing it back for a vote at a council meeting. This only creates an issue in the sense that the business of council should be conducted in public, at least providing the public the opportunity to attend the meeting and hear the information themselves if they choose to attend. At minimum allow the press to report on the information for the public to consume when they read their local paper. (Transparency)
Third will the public ever be made aware of what’s in this contract with Transitional Systems Inc. What other work can be handed to them without it being discussed in the public forum, what kind of taxpayers dollars are being spent (Yes they will be substantial).
The cynical part of my brain says based on the lack of comments and concerns about the issue on August 16 that if I had not raised it on my blog and made the public aware of it that it would have never been mentioned at the meeting of Sept 5th. But maybe I'm wrong.
On August 22th I posted the following update on some council business that had transpired on August 16th. “Is this the way business should be conducted?” available at the following address. http://crowsnestpasshome.blogspot.com/2011/08/is-this-way-business-should-be.html
Personally I did not agree with the way this issue was dealt with and neither did a lot of other people I spoke to around town. But never the less at least Council and administration at that time felt the right thing to do was to show the public that they were moving forward on this issue and hiring a consultant to conduct the audit. (TRANSPARENCY)
Now we come to the meeting of September 5, 2011 his worship the Mayor and the council are reviewing the minutes of the August 16th meeting. The Mayor raises the issue of the “Enforcement Services Audit” that was brought to Council by the Director of Finance. Strangely he wants to know why this issue was raised by administration, that there was not a need to. Apparently based on the comments I heard Tuesday night when the contract was signed with “Transitional Systems Inc” to provide the Municipality with its Interim CAO, it was stated that their employees, agents etc could be used for other studies, audits etc as required by Council.
With time to reflect on this issue, the following questions jumped into my head.
First why did nobody raise a concern or objection on August 16th, none of the parties to the agreement not the CAO or any member of Council, in fact the individual who now raised these concerns on September 5th was the same individual that made the motion on August 16 to “engage Transitional Systems Inc. to undertake an Enforcement Services Audit…….” When the vote took place it was passed by a count of 6-1 with only Councilor Saje opposed.
Second concern based on my understanding of the Mayor’s comments are we to believe that the agreement they have with Transitional Systems provides council the authority to do any study, audit etc as they see fit without bringing it back for a vote at a council meeting. This only creates an issue in the sense that the business of council should be conducted in public, at least providing the public the opportunity to attend the meeting and hear the information themselves if they choose to attend. At minimum allow the press to report on the information for the public to consume when they read their local paper. (Transparency)
Third will the public ever be made aware of what’s in this contract with Transitional Systems Inc. What other work can be handed to them without it being discussed in the public forum, what kind of taxpayers dollars are being spent (Yes they will be substantial).
The cynical part of my brain says based on the lack of comments and concerns about the issue on August 16 that if I had not raised it on my blog and made the public aware of it that it would have never been mentioned at the meeting of Sept 5th. But maybe I'm wrong.
Tuesday, June 7, 2011
Crowsnest Pass Economic Task Force Report
According to municipal advertising the report will be released to the public on June 20, you will have your option of going to the MDM (7pm) for a presentation where the public will be given a copy of the report at the end of the meeting, in addition it will also be posted on the Municipal web site that same night.
Monday, May 30, 2011
Municipal government and transparency in the Crowsnest Pass
After much noise being made about the transparency of municipal politics in the Crowsnest Pass. I have been asked the following question by a number of people. Regarding weather business conducted at retreats is open to the public. My understanding of the MGA is if somebody makes a request under FOIP has long as it does not involve Land, Legal, or Labour the municipality is required to provide that information to any interested taxpayer.
Its not a unreasonable expectation
Below is Councilor Gallants.
"Retreats are common with all municipal governments. In order to reduce expense we have hosted our retreats in council chambers so they may look like a council meeting but they are not. No decisions can be made at a retreat and typically it is just a chance to vet ideas. The results of our retreats will be made public once the information is compiled and written out in a format that makes sense. I believe this is FOIP-able as well as long as it is not one of the three L’s I mentioned above. Anyone is welcome to pursue FOIP action if they feel it is necessary."
Its not a unreasonable expectation
Below is Councilor Gallants.
"Retreats are common with all municipal governments. In order to reduce expense we have hosted our retreats in council chambers so they may look like a council meeting but they are not. No decisions can be made at a retreat and typically it is just a chance to vet ideas. The results of our retreats will be made public once the information is compiled and written out in a format that makes sense. I believe this is FOIP-able as well as long as it is not one of the three L’s I mentioned above. Anyone is welcome to pursue FOIP action if they feel it is necessary."
Thursday, May 19, 2011
Change in the Crowsnest Pass, CAO is leaving Wow
Resignation
Note: Check out the following article pointed out to me by one of my readers.
www.crowsnestpasspromoter.com/ArticleDisplay.aspx?archive=true&e=2860758
There is more available from this reader/commenter just go down to the right side of my blog and click on the Miners Journey.
The purpose of this email is to let you know I’ve submitted my resignation to Council, my last day of work in Crowsnest Pass will be June 15, 2011. Though my time here has been short I’ve really enjoyed working with all employees. It’s difficult working for local government as we are criticized often and praised seldom. Please know that I appreciate your efforts and acknowledge that Crowsnest Pass could not survive without the fine work of the employees of the Municipality. I’m glad that so many of you recognize that we’re working for our friends and neighbours and that you come to work each day to perform your duties to the best of your ability. Because of your efforts the Municipality offers a very wide range of services and programs to our residents and businesses. Though Council speaks of change you should be proud of your day-to-day work and all your accomplishments and not view change as a negative. Change is difficult and is often seen as a criticism. I challenge you instead to look at change as an opportunity to make a good organization even better. Through change it is hoped that additional opportunities for growth and advancement will be made available to employees and that Crowsnest Pass will continue to evolve as a fantastic place to live and visit. Thank you for working with me during my short time here.
Tully
Note: Check out the following article pointed out to me by one of my readers.
www.crowsnestpasspromoter.com/ArticleDisplay.aspx?archive=true&e=2860758
There is more available from this reader/commenter just go down to the right side of my blog and click on the Miners Journey.
The purpose of this email is to let you know I’ve submitted my resignation to Council, my last day of work in Crowsnest Pass will be June 15, 2011. Though my time here has been short I’ve really enjoyed working with all employees. It’s difficult working for local government as we are criticized often and praised seldom. Please know that I appreciate your efforts and acknowledge that Crowsnest Pass could not survive without the fine work of the employees of the Municipality. I’m glad that so many of you recognize that we’re working for our friends and neighbours and that you come to work each day to perform your duties to the best of your ability. Because of your efforts the Municipality offers a very wide range of services and programs to our residents and businesses. Though Council speaks of change you should be proud of your day-to-day work and all your accomplishments and not view change as a negative. Change is difficult and is often seen as a criticism. I challenge you instead to look at change as an opportunity to make a good organization even better. Through change it is hoped that additional opportunities for growth and advancement will be made available to employees and that Crowsnest Pass will continue to evolve as a fantastic place to live and visit. Thank you for working with me during my short time here.
Tully
Wednesday, November 10, 2010
Municipal Advertising in the Crowsnest Pass
During the debate on the municipal advertising in the local papers, a couple of councilors could not grasp the large difference between the cost of advertising in 2007/08 and 2010.
Numbers are available at below: http://crowsnestpasshome.blogspot.com/2010/11/presentation-to-crowsnest-pass-council.html
In 2007 the municipality spent approximatly $57,300.
In 2008 the municipality spent approximatly $66,100.
In 2010 the municipality as spent to the end of September $8,400.
The difference that nobody really wanted to explain, was this in 2007 the municipality was paying roughly $700 a page in two papers, so if you had 1 page per week in two papers for 50 weeks that was $700 x 2 x 50 = $70,000
Now in 2010 the municipality is paying $180 a page in one paper for 50 weeks. That is $180 x 1 x 50 = $9000
That is a fairly large difference isn't it, certainly makes 2008 versus 2010 much clearer.
Numbers are available at below: http://crowsnestpasshome.blogspot.com/2010/11/presentation-to-crowsnest-pass-council.html
In 2007 the municipality spent approximatly $57,300.
In 2008 the municipality spent approximatly $66,100.
In 2010 the municipality as spent to the end of September $8,400.
The difference that nobody really wanted to explain, was this in 2007 the municipality was paying roughly $700 a page in two papers, so if you had 1 page per week in two papers for 50 weeks that was $700 x 2 x 50 = $70,000
Now in 2010 the municipality is paying $180 a page in one paper for 50 weeks. That is $180 x 1 x 50 = $9000
That is a fairly large difference isn't it, certainly makes 2008 versus 2010 much clearer.
Tuesday, October 12, 2010
My responses to the Crowsnest Pass Herald
These should be appearing in the Herald today or tomorrow.
1. What specific issues or projects do you feel it is the most important for the Municipality to focus on in the next three years?
a) Economic Development-We need to hire an economic development officer, we will not attract business here without this position, it needs to be an individual hired on a contract basis that as a strong incentive to perform.
b) Tax Base-We must work to increase our tax base by encouraging responsible development working with credible developers.
c) Recreation centre Indoor swimming pool, we need it to attract young families but we must determine how much burden it will place on the taxpayers and bring it back in a plebiscite.
2. How would you rate the current state of the Municipality, both economically and politically?
a) Politically the situation as been greatly exaggerated, the 4-3 vote was created as a smoke screen to detract people away from the real issue “change”. We had a 4-3 vote from 2004-07 and 1998-2001, nobody said a word. Four councilors have voted the same way on a minority of issues it escapes me as to why the other three members of council have not been asked, why they always vote the same way.
b) Economically the municipalities primary employer (mines) are now all working well and thriving. What we lack here other than government is a secondary industry which gets back to the issue of economic development officer.
3. What specific strategies do you feel should be employed to increase the local tax base?
a) Economic Development Officer to attract new business.
b) Development in partnership with credible developers.
c) Making attractive commercial property available to bring in businesses we can not attract those businesses like Pincher has, unless we have highway property available.
4. Short of increasing the tax base, what would you do to promote the continuation of municipal services without dramatic tax increases? Are there any areas where you feel the Municipality should spend less or more than it currently does?
a) We has a community must examine every dollar we spend and determine if we could receive better value at a lower cost. For example it as been many years since we last tendered out our engineering this is an area that we have spent millions of dollars on. How do we know we are receiving a fair deal without tendering it?
b) Where we need to spend more money is on promoting the community, whether it is marketing or economic development, there are literally thousands of communities hoping to attract business, we have to stand out to attract them.
1. What specific issues or projects do you feel it is the most important for the Municipality to focus on in the next three years?
a) Economic Development-We need to hire an economic development officer, we will not attract business here without this position, it needs to be an individual hired on a contract basis that as a strong incentive to perform.
b) Tax Base-We must work to increase our tax base by encouraging responsible development working with credible developers.
c) Recreation centre Indoor swimming pool, we need it to attract young families but we must determine how much burden it will place on the taxpayers and bring it back in a plebiscite.
2. How would you rate the current state of the Municipality, both economically and politically?
a) Politically the situation as been greatly exaggerated, the 4-3 vote was created as a smoke screen to detract people away from the real issue “change”. We had a 4-3 vote from 2004-07 and 1998-2001, nobody said a word. Four councilors have voted the same way on a minority of issues it escapes me as to why the other three members of council have not been asked, why they always vote the same way.
b) Economically the municipalities primary employer (mines) are now all working well and thriving. What we lack here other than government is a secondary industry which gets back to the issue of economic development officer.
3. What specific strategies do you feel should be employed to increase the local tax base?
a) Economic Development Officer to attract new business.
b) Development in partnership with credible developers.
c) Making attractive commercial property available to bring in businesses we can not attract those businesses like Pincher has, unless we have highway property available.
4. Short of increasing the tax base, what would you do to promote the continuation of municipal services without dramatic tax increases? Are there any areas where you feel the Municipality should spend less or more than it currently does?
a) We has a community must examine every dollar we spend and determine if we could receive better value at a lower cost. For example it as been many years since we last tendered out our engineering this is an area that we have spent millions of dollars on. How do we know we are receiving a fair deal without tendering it?
b) Where we need to spend more money is on promoting the community, whether it is marketing or economic development, there are literally thousands of communities hoping to attract business, we have to stand out to attract them.
Wednesday, April 21, 2010
Community Standards Bylaws Crowsnest Pass
Tuesday April 20th the first reading of Bylaw 798 the Community Standards Bylaw 798 was passed by Council with all of council in favour with the exception of Mayor Irwin.
It was decided by council to place this on the agenda for the May 4th meeting for 2nd and 3rd reading, also to give the public the opportunity to speak to the bylaw there will be a public hearing at the start of the same meeting where any member of the public can speak in favour or against. I would encourage anybody that as an opinion to come forth on May 4 and take advantage of the opportunity.
I have included the complete bylaw you can also pick up a copy at the municipal office.
I would also like to thank the many people that assisted in puting together this bylaw.
MUNICIPALITY OF CROWSNEST PASS
BYLAW NO. 798, 2010
A BYLAW OF THE MUNICIPALITY OF CROWSNEST PASS IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF ESTABLISHING AND IMPROVING COMMUNITY STANDARDS.
WHEREAS under Section 7 of the Municipal Government Act R.S.A. 2000, Chapter M-26, as amended or repealed and replaced from time to time, a Council may pass Bylaws establishing community standards: and
WHEREAS unhealthy, dangerous, potentially dangerous and unattractive premises are a detriment to surrounding properties and the community generally; and
WHEREAS Council deems it advisable to pass a Bylaw to regulate community standards; and
WHEREAS the purpose of this Bylaw is to improve the safety and beauty of the Municipality of Crowsnest Pass;
NOW THEREFORE, THE COUNCIL OF THE MUNICIPALITY OF CROWSNEST PASS ENACTS AS FOLLOWS:
1. This Bylaw shall be cited as the “COMMUNITY STANDARDS BYLAW”.
2. In this Bylaw, unless the context otherwise requires, the term:
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 in an inoperative condition.
B. “ANIMAL MATERIAL” means any animal excrement and includes all material accumulated on premises from pet pens, yards, stables, veterinary clinics or hospitals, kennels or feed lots;
C. “ASHES” means the powdery residue accumulated on premises left after the combustion of any substance and includes any partially burnt wood, charcoal or coal;
D. “BUILDING MATERIAL” means all construction and demolition material accumulated on premises while constructing, altering, repairing or demolishing any structure and includes, but is not limited to, earth, vegetation or rock displaced during such construction, alteration or repair;
E. “COMPLIANCE ORDER” means an Order to remedy a contravention of the terms of this Bylaw.
F. “COUNCIL” means the Council of the Municipality of Crowsnest Pass;
G. “EXEMPTION ORDER” means a written order issued by the Community Standards Appeal Board, granting a person a time-limited exemption from specific terms of this Bylaw.
H. “ENFORCEMENT OFFICER” means any member of the R.C.M.P. or a Bylaw Enforcement Officer or the Chief Administrative officer or any designate, of the Municipality of Crowsnest Pass.
I. “EXTERIOR VISIBLE RENOVATION” means those renovations that can be commenced without a building permit yet are visible to adjoining properties and roadways and would include but not be limited to: roof repair or replacement, exterior siding replacement or repair, window and door replacement, foundation repair and yard improvements.
J. “GARBAGE” means but is not limited to: all solid wastes, bagged or loose, rubbish, abandoned goods, piles of refuse, machine parts, iron, scrap lumber, household furniture and beds and cement blocks or broken cement placed on lands.
K. “HOUSEHOLD APPLIANCES” means the following but not limited to: fridges, stoves, washers, dryers, microwaves, vacuums, water heaters, furnaces and any other parts of appliances that are or had been used in the normal operation of a household whether operational or not.
L. “GOOD REPAIR” means a condition where something is free from: significant damage, peeling surfaces, broken, missing or fallen parts, rot or other significant deterioration, openings which are not secured against trespassers, or other visual evidence of a lack of general maintenance
M. “JUNKED VEHICLES” shall mean a vehicle that:
i. is in rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and
ii. is not located wholly within a building or located on property such that it can be concealed from view, or does not form part of the business enterprise lawfully being operated on that property; and/or
iii. has no current license plate, and/or has no registration certificate, or Motor Vehicle Insurance
N. “PERSON” includes a corporation, an individual, and the heirs, executors, administrators or other legal representatives of an individual.
O. PUBLIC WORKS SUPERINTENDENT” means the person designated by the Chief Administrative Officer as the Public Works Superintendent;
P. “OWNER” means any of the following:
i. a 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 Municipality;
iii. A Person who has purchased or otherwise acquired the Property, whether he has purchased or otherwise acquired directly from the Owner or from another purchaser, and has not become the registered Owner thereof;
iv. A Person holding himself as the person having the powers and authority of ownership or for who the time being, exercises the powers and authority of ownership;
v. A Person controlling the Property under construction;
vi. A Person who is the Occupant of the Property under a rental agreement, lease, license or permit.
Q. “OCCUPANT” means any person other than the owner who has a legal or equitable interest in land or other property, including but not restricted to a lessee, occupant or agent or the owner;
R. “PREMISES” means any land, building or property within the municipal boundaries of the Municipality;
S. “OFFENDING PREMISES” 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 Municipality that, in the opinion of a Designated Bylaw Enforcement Officer or Chief Administrative Officer is unsightly to such an extent as to detrimentally affect the repose, amenities, use, value or enjoyment of the surrounding lands in reasonable proximity to the unsightly premises, or is otherwise detrimental to the surrounding area or in an unsightly condition as defined by the Municipal Government Act.
T. “STRUCTURE” Includes any building, retaining wall, scaffolding, garbage container, trailer, mobile home, shed or portable shack.
U. “COMMUNITY STANDARDS APPEAL BOARD” hereinafter referred to as “The Board” means Council of the Municipality of Crowsnest Pass convened to hear and determine appeals lodged against a Compliance Order; or a Council appointed Community Standards Committee of Council with the authority to determine appeals lodged against a compliance Order
V. “VIOLATION TAG” means a tag or similar document issued by the Municipality of Crowsnest Pass pursuant to Section 7(i) of the Municipal Government Act.
W. “VIOLATION TICKET” means a ticket or similar document issued by the Muncipality of Crowsnest Pass pursuant to Part II of the Provincial Offences Procedure Act, S.A. 1988, c.P-21.5, as amended.
X. “WORK FORCE” means employees of the Municipality of Crowsnest Pass or contract workers engaged by the Municipality for the purposes of enforcing a Compliance Order;
Y. “YARD MATERIAL” means organic matter formed as a result of gardening or horticultural pursuits and includes grass, leaves, tree and hedge cuttings and clippings.
3. The Person or owner responsible for the land shall not allow his lands to be Offending Premises. Conditions constituting Offending Premises may include, but shall not be limited to:
A. The accumulation of rubbish, bottles, cans, boxes, or packaging materials, household furniture or other household goods, construction debris or other waste products on property such that the accumulation is visible to a person viewing from outside the property;
B. Any placement of refuse, automobiles, abandoned automobiles, equipment, abandoned equipment on public or Municipal lands directly adjacent to the property
C. Uncut grass or the presence of weeds, which in the opinion of the Bylaw Enforcement Officer, are excessive or which demonstrate neglect by the Owner;
D. The accumulation of animal material, yard material, ashes or scrap building material;
E. The accumulation of abandoned vehicles, junked vehicles, abandoned equipment, and or Machine Parts or Household Appliances;
F. The presence or accumulation of animal carcasses, hazardous materials, noxious fumes, manure or sewage;
G. The presence of any existing signs visible from a public roadway that may be in a state of disrepair, require painting or be detrimental to adjoining properties and their current land use;
H. The presence of trees, shrubs, weeds or other vegetation which as a result of its location on the Property has caused, or is potentially dangerous to adjacent Property, including Municipal or Public Lands;
I. The failure to dispose of Garbage or other waste products accumulating in temporary storage containers upon the property within a reasonable time;
J. The lack of repair or maintenance of buildings, equipment or structures on property including but not limited to:
i. The significant deterioration of buildings, structures or improvements, or portions of buildings, structures or improvements including fences and sheds;
ii. Broken or missing windows, siding, shingles, shutters, eaves or other building material normally attached to the building during the course of original construction.
iii. Significant fading, chipping or peeling of painted areas or deterioration of the exterior of buildings, structures or improvements on the Property.
iv. The presence of excavations, materials or any other hazard or condition that poses a danger to public safety or is determined to be unsightly to adjoining property owners.
4. Sidewalks and Municipal owned boulevards adjacent to a persons’ private property shall be maintained to be visually pleasing or match the landscaping of the front yard and be clear of all debris, garbage, yard material and tree branches so as not to interfere with use of the sidewalks or curbs.
5. Parking of any vehicles, trailers, recreational vehicles or equipment with attached/unattached wheels on Municipal owned boulevards will not be allowed
6. Parking of seasonal and recreational vehicles on residential streets shall not be allowed between the dates of October 1st and April 30th.
7. Parking of any personal vehicles, commercial vehicles, trailers, recreational vehicles or any other equipment on wheels shall be on designated driveways and prepared parking areas only and such parking area shall not exceed 15% of the total property area. This shall apply to R1, R1A, R4 and R5 land use districts.
8. No person shall cause, permit or allow materials identified as such in this bylaw to collect, accumulate or be upon lands owned or occupied by him including public and Municipal lands directly adjacent to his property unless such site is designated by the Municipality as a sanitary landfill or is otherwise permitted under this Bylaw.
9. During active construction, disposition of construction material shall be done in accordance with the building permit time limitations and shall be collected and hauled from the site in appropriate containers in a timely manner. Storage of construction materials must be accomplished in a safe and orderly manner and be located entirely on the land where the construction is underway or this action will be considered in contravention of this Bylaw.
10. Exterior Visible Renovations not requiring a building permit are to be completed within ninety days from the time of commencement.
11. No person shall place graffiti or cause it to be placed on any property. Every property owner or person shall ensure that graffiti placed on their premises is removed, painted over, or otherwise permanently blocked from public view within five (5) days of application.
12. In determining whether premises are in contravention of this Bylaw, an Enforcement Officer shall have regard to the zoning.
13. Automotive repairs: No person may conduct any repair work on motor vehicles, including mechanical repairs, auto bodywork, frame repair, collision repair, auto painting, auto detailing or modifications to the body or rebuilding of a motor vehicle, on any site in a residential area unless such land use has been approved by a Municipal authority.
This prohibition shall not apply to routine maintenance work done on any vehicles owned, operated, registered and insured in the name of the owner or occupant of premises, provided that:
A. The activity does not create a nuisance or noise complaints from the neighborhood;
B. There is no escape of offensive, annoying or noxious odors, fumes or smoke from the site;
C. Vehicle fluids, oil, gasoline products or other hazardous materials are properly stored and disposed of and not swept or washed into lanes, streets, or down storm sewers;
D. All discarded vehicle parts and materials are properly stored or disposed of away from the site.
14. An Enforcement Officer, for the purposes of ensuring that the provisions of the Bylaw are being complied with, may enter in or upon an Owner’s land or structure, in accordance with Section 542 of the Municipal Government Act, to carry out an inspection, enforcement or other action required or authorized by this Bylaw. If the property is found to be in violation of this bylaw the owner will be charged for the inspection as per Attachment One (Fee Schedule).
15. If, in the opinion of an Enforcement Officer, any land within the Municipality is an Offending Premises, the Designated Officer may issue a Compliance Order requiring the Owner or Occupant to:
A. remove the material goods, Garbage, Abandoned Equipment, Junked Vehicles or any other items identified in this bylaw causing the property to be an Offending Premises;
B. complete the Exterior Visible Renovation within a specific time period;
C. improve the appearance of the property in the manner specified;
D. if the property is a structure, to remove or demolish the structure and level the site.
16. A Compliance Order issued pursuant to Section 15,
A. shall describe the premises by name, if any, and the municipal address and legal description.
B. shall state that the premises contravene the provisions of this Bylaw.
C. shall give reasonable particulars of the extent of the clean up, removal, clearing or other actions required to be made.
D. shall state the time within which the clean up, removal, clearing or other actions are to be done, but not less than fifteen days (15) from the date of the order.
E. shall state that if the required actions are not done within the time specified, the Municipality Work Force will carry out the actions required and charge the cost thereof against the person or persons to whom the Order is directed, and if such person or persons do not pay the costs, the costs shall be charged against the premises concerned as taxes due and owing in respect of that property and recovered as such.
F. shall state that an appeal of the Order may be made in writing to the Board if the appeal is lodged in accordance with Attachment One (Fee Schedule) with the Chief Administrative Officer or designate within fifteen (15) working days of the documented receipt of the Order.
G. A copy of the Order shall be served on the owner and occupant of the premises by one or more of the following methods:
i. by personal delivery to the person or persons intended to be served, or
ii. by mailing the Order to the person to be served by Registered Mail to the last known Post Office address of that person, and the service shall be deemed to be effective fourteen (14) days following the date of mailing, or
iii. where the premises is not occupied, by mailing the notice by Registered Mail to the address noted on the Municipality’s tax roll for that premises, and service shall be deemed to be effective fourteen (14) days following the date of mailing, or
iv. by leaving the Compliance Order for the Owner at his residence with a person on the premises who appears to be at least eighteen (18) years of age, or
v. by posting the Clean Up Notice in a conspicuous place on the land referred to on the order, when the Enforcement Officer has reason to believe that the owner to whom the order is addressed is evading service or no other means of service is available, or
vi. as directed by an order of the Court.
H. The Compliance Order shall require the person to whom it is addressed, within a period of not more than thirty (30) days from the date of receipt of the Order to remedy the condition of the property in accordance with the direction of the Order and remove, demolish or place in waste receptacles for pick up such materials as appropriate.
I. The Enforcement Officer may extend the time for doing anything that is required to be done by the terms of the Order up to a maximum of one hundred and eighty (180) days.
J. If an Enforcement Officer considers any property to have any matter or thing that constitutes an environmental or health hazard, the Enforcement Officer will report the situation to the appropriate Provincial Government Agency as soon as reasonably possible, and the owner and occupant shall be so advised.
17. Council hereby authorizes and establishes the Board as a Committee of Council to hear appeals arising from a Compliance Order issued pursuant to this Bylaw.
A. Where a Compliance Order is issued pursuant to Section 15, such Order may be appealed in writing within fifteen (15) working days to the Chief Administrative Officer or designate.
B. The Chief Administrative Officer or designate shall upon receipt of the Notice of Appeal, set a date for the hearing of the Appeal which shall be held within thirty (30) days from the receipt of the Notice of Appeal.
C. Each Notice of Appeal shall:
i. state with reasonable exactness the grounds of appeal, and
ii. state the name, address and interest of the appellant in the property, and
iii. be dated and signed by the appellant or on his behalf, by his agent, and if signed by an agent, shall state the name and address of the agent.
iv. include a payment as per Attachment One (fee schedule)
D. Where a Compliance Order is appealed pursuant to subsection 17(A) the Order is stayed pending a final decision by the Board on the merits of the appeal.
E. The Board that hears an appeal may uphold, vary, or revoke the Compliance Order. In exceptional cases, the Board may determine that it is in the combined best interest of the Municipality and the appellant, to issue an Exemption Order. An Exemption Order will identify the appellant, the property, the section(s) of this Bylaw for which the exemption applies, and the period (not to exceed five years) for which the exemption is valid. Upon expiry of an Exemption Order, a person may apply to the Board for further extension.
F. Should the appeal be successful, the appeal fee will be waived and returned to the appellant.
G. The Board may extend the time period for meeting the conditions of the Compliance Order.
H. The Board may direct anything to be done that an Enforcement Officer can direct to be done, either in addition or in substitution for the direction in the Order appealed.
18. Conduct of Appeals:
A. When hearing an Appeal, the Community Standard Board: shall
i. conduct the Hearing in public;
ii. not be bound by the technical rules of evidence, and
iii. afford every person concerned, the opportunity to be heard, to submit evidence, and to hear the evidence of others, and
iv. adopt rules of procedure for hearing appeals currently in use by the Council, and Rules of Order shall be as per the Municipal Procedures Bylaw, and.
v. consider each appeal having regard to the circumstances and merit of the case and the applicable provisions of this and other Municipal Bylaws and the Municipal Government Act.
19. The person to whom an Order is directed shall comply with the directions of the Order as set out in the Order by the Enforcement Officer, or the requirements or directions set out in any decision of the Board.
20. Noncompliance:
A. If a person to whom a Compliance Order is directed under this Bylaw fails to carry out the Order within the time stated or within the time limit ruled by the Board in the case of an Order that is appealed, an Enforcement Officer shall access the property or structure in accordance with Section 14 of this Bylaw and take whatever actions are necessary to deal with the unsightly condition of the premises.
B. The Municipality Work Force or persons appointed by it may remove fencing or other obstructions in carrying out the Order and shall replace or repair any fencing or other obstructions removed or damaged in the course of carrying out the Order.
C. The expenses incurred by the Municipality in carrying out an Order under this Section constitutes a debt owing to the Municipality from the person to whom the Order is directed.
D. Within thirty (30) days of ascertaining the amount of the expenses incurred by the Municipality in carrying out the Order, the Chief Financial Officer shall send a demand for payment of these expenses to the person to whom the Order was directed.
E. Should payment of said expenses not be made within sixty (60) days, the Director of Finance and Systems shall place the amount of the expenses incurred in carrying out the Order on the tax role as an additional tax against the land and that amount:
i. forms a lien on the land in favour of the Municipality, and
ii. shall be deemed to be taxes imposed and assessed on the land and delinquent under the Municipal Government Act from the date the expenses were incurred, and that Act applies to the enforcement, collection and recovery of the amount.
F. Where the Municipality carried out an Order under this Section the work forces shall deposit any material removed from the premises at a location designated by the Public Works Superintendent.
G. When material removed from said premises under Subsection (F) is removed to a location specified by the Public Works Superintendent, the Public Works Superintendent may direct that the material be disposed of if the person to whom the Order has been issued does not remove the material within fourteen (14) days of being requested in writing to do so by the Public Works Superintendent.
21. A person who fails to meet the conditions of a Compliance Order is guilty of an offence. An Enforcement Officer is hereby authorized and empowered to issue a Violation Tag to such persons.
A. A person to whom a Violation Tag has been issued, is liable for the fines as set out in Attachment 1 (Fee Schedule)
B. An Enforcement Officer is hereby authorized and empowered to issue a Violation Tag to any person who the Enforcement Officer has reasonable and probable grounds to believe has contravened any provisions of this Bylaw.
C. A Violation Tag may be issued to such person either personally or by mailing a copy to such person at his last known post office address.
D. The Violation Tag shall be in a form approved by the Chief Administrative Officer and shall state:
i. the name of the Owner of land;
ii. a description of the land;
iii. the offence;
iv. the appropriate penalty for the offence in addition to the inspection fee as specified in
Attachment 1 (Fee Schedule).
v. that the penalty shall be paid within thirty (30) days of the issuance of the Violation Tag
vi. any other information as may be required by the Chief Administrative officer
E. Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be issued by an Enforcement officer, provided however, that no more than one Violation Tag shall be issued for each day that the contravention continues.
F. Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the Municipality’s Treasurer the penalty specified on the Violation Tag.
G. In those cases where a Violation Tag has been issued and if the penalty specified on a Violation Tag has not been paid within the prescribed time, then an Enforcement Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, S.A. 1988, c.P-21.5, as amended.
H. Notwithstanding anything to the contrary in this Bylaw, an Enforcement Officer is hereby authorized and empowered to immediately issue a Violation Tag to any person who the Enforcement Officer has reasonable grounds to believe has contravened any provision of this Bylaw.
22. Should any provision of this bylaw be invalid, then such invalid provisions shall be severed and the remaining bylaw shall be maintained.
23. This bylaw comes into full force and effect upon third and final reading.
24. Bylaw 534,2000 is hereby repealed.
Read a first time this 20th day of April , 2010.
Read a second time this day of , 2010.
Read a third and final time, this day of , 2010.
MUNICIPALITY OF CROWSNEST PASS
Mayor
ORIGINAL SIGNED
Chief Administrative Officer
Attachment 1, Fee Schedule
(i) First offence, TWO HUNDRED AND FIFTY ($250.00) Dollars
(ii) Second offence, FIVE HUNDRED ($500.00) DOLLARS.
(iii) Third and subsequent offences, ONE THOUSAND ($1,000.00) DOLLARS
(iv) Cost of Inspections, Fifty ($50.00) Dollars
(v) Cost of Appeals, One Hundred ($100.00) Dollars
It was decided by council to place this on the agenda for the May 4th meeting for 2nd and 3rd reading, also to give the public the opportunity to speak to the bylaw there will be a public hearing at the start of the same meeting where any member of the public can speak in favour or against. I would encourage anybody that as an opinion to come forth on May 4 and take advantage of the opportunity.
I have included the complete bylaw you can also pick up a copy at the municipal office.
I would also like to thank the many people that assisted in puting together this bylaw.
MUNICIPALITY OF CROWSNEST PASS
BYLAW NO. 798, 2010
A BYLAW OF THE MUNICIPALITY OF CROWSNEST PASS IN THE PROVINCE OF ALBERTA, FOR THE PURPOSE OF ESTABLISHING AND IMPROVING COMMUNITY STANDARDS.
WHEREAS under Section 7 of the Municipal Government Act R.S.A. 2000, Chapter M-26, as amended or repealed and replaced from time to time, a Council may pass Bylaws establishing community standards: and
WHEREAS unhealthy, dangerous, potentially dangerous and unattractive premises are a detriment to surrounding properties and the community generally; and
WHEREAS Council deems it advisable to pass a Bylaw to regulate community standards; and
WHEREAS the purpose of this Bylaw is to improve the safety and beauty of the Municipality of Crowsnest Pass;
NOW THEREFORE, THE COUNCIL OF THE MUNICIPALITY OF CROWSNEST PASS ENACTS AS FOLLOWS:
1. This Bylaw shall be cited as the “COMMUNITY STANDARDS BYLAW”.
2. In this Bylaw, unless the context otherwise requires, the term:
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 in an inoperative condition.
B. “ANIMAL MATERIAL” means any animal excrement and includes all material accumulated on premises from pet pens, yards, stables, veterinary clinics or hospitals, kennels or feed lots;
C. “ASHES” means the powdery residue accumulated on premises left after the combustion of any substance and includes any partially burnt wood, charcoal or coal;
D. “BUILDING MATERIAL” means all construction and demolition material accumulated on premises while constructing, altering, repairing or demolishing any structure and includes, but is not limited to, earth, vegetation or rock displaced during such construction, alteration or repair;
E. “COMPLIANCE ORDER” means an Order to remedy a contravention of the terms of this Bylaw.
F. “COUNCIL” means the Council of the Municipality of Crowsnest Pass;
G. “EXEMPTION ORDER” means a written order issued by the Community Standards Appeal Board, granting a person a time-limited exemption from specific terms of this Bylaw.
H. “ENFORCEMENT OFFICER” means any member of the R.C.M.P. or a Bylaw Enforcement Officer or the Chief Administrative officer or any designate, of the Municipality of Crowsnest Pass.
I. “EXTERIOR VISIBLE RENOVATION” means those renovations that can be commenced without a building permit yet are visible to adjoining properties and roadways and would include but not be limited to: roof repair or replacement, exterior siding replacement or repair, window and door replacement, foundation repair and yard improvements.
J. “GARBAGE” means but is not limited to: all solid wastes, bagged or loose, rubbish, abandoned goods, piles of refuse, machine parts, iron, scrap lumber, household furniture and beds and cement blocks or broken cement placed on lands.
K. “HOUSEHOLD APPLIANCES” means the following but not limited to: fridges, stoves, washers, dryers, microwaves, vacuums, water heaters, furnaces and any other parts of appliances that are or had been used in the normal operation of a household whether operational or not.
L. “GOOD REPAIR” means a condition where something is free from: significant damage, peeling surfaces, broken, missing or fallen parts, rot or other significant deterioration, openings which are not secured against trespassers, or other visual evidence of a lack of general maintenance
M. “JUNKED VEHICLES” shall mean a vehicle that:
i. is in rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and
ii. is not located wholly within a building or located on property such that it can be concealed from view, or does not form part of the business enterprise lawfully being operated on that property; and/or
iii. has no current license plate, and/or has no registration certificate, or Motor Vehicle Insurance
N. “PERSON” includes a corporation, an individual, and the heirs, executors, administrators or other legal representatives of an individual.
O. PUBLIC WORKS SUPERINTENDENT” means the person designated by the Chief Administrative Officer as the Public Works Superintendent;
P. “OWNER” means any of the following:
i. a 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 Municipality;
iii. A Person who has purchased or otherwise acquired the Property, whether he has purchased or otherwise acquired directly from the Owner or from another purchaser, and has not become the registered Owner thereof;
iv. A Person holding himself as the person having the powers and authority of ownership or for who the time being, exercises the powers and authority of ownership;
v. A Person controlling the Property under construction;
vi. A Person who is the Occupant of the Property under a rental agreement, lease, license or permit.
Q. “OCCUPANT” means any person other than the owner who has a legal or equitable interest in land or other property, including but not restricted to a lessee, occupant or agent or the owner;
R. “PREMISES” means any land, building or property within the municipal boundaries of the Municipality;
S. “OFFENDING PREMISES” 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 Municipality that, in the opinion of a Designated Bylaw Enforcement Officer or Chief Administrative Officer is unsightly to such an extent as to detrimentally affect the repose, amenities, use, value or enjoyment of the surrounding lands in reasonable proximity to the unsightly premises, or is otherwise detrimental to the surrounding area or in an unsightly condition as defined by the Municipal Government Act.
T. “STRUCTURE” Includes any building, retaining wall, scaffolding, garbage container, trailer, mobile home, shed or portable shack.
U. “COMMUNITY STANDARDS APPEAL BOARD” hereinafter referred to as “The Board” means Council of the Municipality of Crowsnest Pass convened to hear and determine appeals lodged against a Compliance Order; or a Council appointed Community Standards Committee of Council with the authority to determine appeals lodged against a compliance Order
V. “VIOLATION TAG” means a tag or similar document issued by the Municipality of Crowsnest Pass pursuant to Section 7(i) of the Municipal Government Act.
W. “VIOLATION TICKET” means a ticket or similar document issued by the Muncipality of Crowsnest Pass pursuant to Part II of the Provincial Offences Procedure Act, S.A. 1988, c.P-21.5, as amended.
X. “WORK FORCE” means employees of the Municipality of Crowsnest Pass or contract workers engaged by the Municipality for the purposes of enforcing a Compliance Order;
Y. “YARD MATERIAL” means organic matter formed as a result of gardening or horticultural pursuits and includes grass, leaves, tree and hedge cuttings and clippings.
3. The Person or owner responsible for the land shall not allow his lands to be Offending Premises. Conditions constituting Offending Premises may include, but shall not be limited to:
A. The accumulation of rubbish, bottles, cans, boxes, or packaging materials, household furniture or other household goods, construction debris or other waste products on property such that the accumulation is visible to a person viewing from outside the property;
B. Any placement of refuse, automobiles, abandoned automobiles, equipment, abandoned equipment on public or Municipal lands directly adjacent to the property
C. Uncut grass or the presence of weeds, which in the opinion of the Bylaw Enforcement Officer, are excessive or which demonstrate neglect by the Owner;
D. The accumulation of animal material, yard material, ashes or scrap building material;
E. The accumulation of abandoned vehicles, junked vehicles, abandoned equipment, and or Machine Parts or Household Appliances;
F. The presence or accumulation of animal carcasses, hazardous materials, noxious fumes, manure or sewage;
G. The presence of any existing signs visible from a public roadway that may be in a state of disrepair, require painting or be detrimental to adjoining properties and their current land use;
H. The presence of trees, shrubs, weeds or other vegetation which as a result of its location on the Property has caused, or is potentially dangerous to adjacent Property, including Municipal or Public Lands;
I. The failure to dispose of Garbage or other waste products accumulating in temporary storage containers upon the property within a reasonable time;
J. The lack of repair or maintenance of buildings, equipment or structures on property including but not limited to:
i. The significant deterioration of buildings, structures or improvements, or portions of buildings, structures or improvements including fences and sheds;
ii. Broken or missing windows, siding, shingles, shutters, eaves or other building material normally attached to the building during the course of original construction.
iii. Significant fading, chipping or peeling of painted areas or deterioration of the exterior of buildings, structures or improvements on the Property.
iv. The presence of excavations, materials or any other hazard or condition that poses a danger to public safety or is determined to be unsightly to adjoining property owners.
4. Sidewalks and Municipal owned boulevards adjacent to a persons’ private property shall be maintained to be visually pleasing or match the landscaping of the front yard and be clear of all debris, garbage, yard material and tree branches so as not to interfere with use of the sidewalks or curbs.
5. Parking of any vehicles, trailers, recreational vehicles or equipment with attached/unattached wheels on Municipal owned boulevards will not be allowed
6. Parking of seasonal and recreational vehicles on residential streets shall not be allowed between the dates of October 1st and April 30th.
7. Parking of any personal vehicles, commercial vehicles, trailers, recreational vehicles or any other equipment on wheels shall be on designated driveways and prepared parking areas only and such parking area shall not exceed 15% of the total property area. This shall apply to R1, R1A, R4 and R5 land use districts.
8. No person shall cause, permit or allow materials identified as such in this bylaw to collect, accumulate or be upon lands owned or occupied by him including public and Municipal lands directly adjacent to his property unless such site is designated by the Municipality as a sanitary landfill or is otherwise permitted under this Bylaw.
9. During active construction, disposition of construction material shall be done in accordance with the building permit time limitations and shall be collected and hauled from the site in appropriate containers in a timely manner. Storage of construction materials must be accomplished in a safe and orderly manner and be located entirely on the land where the construction is underway or this action will be considered in contravention of this Bylaw.
10. Exterior Visible Renovations not requiring a building permit are to be completed within ninety days from the time of commencement.
11. No person shall place graffiti or cause it to be placed on any property. Every property owner or person shall ensure that graffiti placed on their premises is removed, painted over, or otherwise permanently blocked from public view within five (5) days of application.
12. In determining whether premises are in contravention of this Bylaw, an Enforcement Officer shall have regard to the zoning.
13. Automotive repairs: No person may conduct any repair work on motor vehicles, including mechanical repairs, auto bodywork, frame repair, collision repair, auto painting, auto detailing or modifications to the body or rebuilding of a motor vehicle, on any site in a residential area unless such land use has been approved by a Municipal authority.
This prohibition shall not apply to routine maintenance work done on any vehicles owned, operated, registered and insured in the name of the owner or occupant of premises, provided that:
A. The activity does not create a nuisance or noise complaints from the neighborhood;
B. There is no escape of offensive, annoying or noxious odors, fumes or smoke from the site;
C. Vehicle fluids, oil, gasoline products or other hazardous materials are properly stored and disposed of and not swept or washed into lanes, streets, or down storm sewers;
D. All discarded vehicle parts and materials are properly stored or disposed of away from the site.
14. An Enforcement Officer, for the purposes of ensuring that the provisions of the Bylaw are being complied with, may enter in or upon an Owner’s land or structure, in accordance with Section 542 of the Municipal Government Act, to carry out an inspection, enforcement or other action required or authorized by this Bylaw. If the property is found to be in violation of this bylaw the owner will be charged for the inspection as per Attachment One (Fee Schedule).
15. If, in the opinion of an Enforcement Officer, any land within the Municipality is an Offending Premises, the Designated Officer may issue a Compliance Order requiring the Owner or Occupant to:
A. remove the material goods, Garbage, Abandoned Equipment, Junked Vehicles or any other items identified in this bylaw causing the property to be an Offending Premises;
B. complete the Exterior Visible Renovation within a specific time period;
C. improve the appearance of the property in the manner specified;
D. if the property is a structure, to remove or demolish the structure and level the site.
16. A Compliance Order issued pursuant to Section 15,
A. shall describe the premises by name, if any, and the municipal address and legal description.
B. shall state that the premises contravene the provisions of this Bylaw.
C. shall give reasonable particulars of the extent of the clean up, removal, clearing or other actions required to be made.
D. shall state the time within which the clean up, removal, clearing or other actions are to be done, but not less than fifteen days (15) from the date of the order.
E. shall state that if the required actions are not done within the time specified, the Municipality Work Force will carry out the actions required and charge the cost thereof against the person or persons to whom the Order is directed, and if such person or persons do not pay the costs, the costs shall be charged against the premises concerned as taxes due and owing in respect of that property and recovered as such.
F. shall state that an appeal of the Order may be made in writing to the Board if the appeal is lodged in accordance with Attachment One (Fee Schedule) with the Chief Administrative Officer or designate within fifteen (15) working days of the documented receipt of the Order.
G. A copy of the Order shall be served on the owner and occupant of the premises by one or more of the following methods:
i. by personal delivery to the person or persons intended to be served, or
ii. by mailing the Order to the person to be served by Registered Mail to the last known Post Office address of that person, and the service shall be deemed to be effective fourteen (14) days following the date of mailing, or
iii. where the premises is not occupied, by mailing the notice by Registered Mail to the address noted on the Municipality’s tax roll for that premises, and service shall be deemed to be effective fourteen (14) days following the date of mailing, or
iv. by leaving the Compliance Order for the Owner at his residence with a person on the premises who appears to be at least eighteen (18) years of age, or
v. by posting the Clean Up Notice in a conspicuous place on the land referred to on the order, when the Enforcement Officer has reason to believe that the owner to whom the order is addressed is evading service or no other means of service is available, or
vi. as directed by an order of the Court.
H. The Compliance Order shall require the person to whom it is addressed, within a period of not more than thirty (30) days from the date of receipt of the Order to remedy the condition of the property in accordance with the direction of the Order and remove, demolish or place in waste receptacles for pick up such materials as appropriate.
I. The Enforcement Officer may extend the time for doing anything that is required to be done by the terms of the Order up to a maximum of one hundred and eighty (180) days.
J. If an Enforcement Officer considers any property to have any matter or thing that constitutes an environmental or health hazard, the Enforcement Officer will report the situation to the appropriate Provincial Government Agency as soon as reasonably possible, and the owner and occupant shall be so advised.
17. Council hereby authorizes and establishes the Board as a Committee of Council to hear appeals arising from a Compliance Order issued pursuant to this Bylaw.
A. Where a Compliance Order is issued pursuant to Section 15, such Order may be appealed in writing within fifteen (15) working days to the Chief Administrative Officer or designate.
B. The Chief Administrative Officer or designate shall upon receipt of the Notice of Appeal, set a date for the hearing of the Appeal which shall be held within thirty (30) days from the receipt of the Notice of Appeal.
C. Each Notice of Appeal shall:
i. state with reasonable exactness the grounds of appeal, and
ii. state the name, address and interest of the appellant in the property, and
iii. be dated and signed by the appellant or on his behalf, by his agent, and if signed by an agent, shall state the name and address of the agent.
iv. include a payment as per Attachment One (fee schedule)
D. Where a Compliance Order is appealed pursuant to subsection 17(A) the Order is stayed pending a final decision by the Board on the merits of the appeal.
E. The Board that hears an appeal may uphold, vary, or revoke the Compliance Order. In exceptional cases, the Board may determine that it is in the combined best interest of the Municipality and the appellant, to issue an Exemption Order. An Exemption Order will identify the appellant, the property, the section(s) of this Bylaw for which the exemption applies, and the period (not to exceed five years) for which the exemption is valid. Upon expiry of an Exemption Order, a person may apply to the Board for further extension.
F. Should the appeal be successful, the appeal fee will be waived and returned to the appellant.
G. The Board may extend the time period for meeting the conditions of the Compliance Order.
H. The Board may direct anything to be done that an Enforcement Officer can direct to be done, either in addition or in substitution for the direction in the Order appealed.
18. Conduct of Appeals:
A. When hearing an Appeal, the Community Standard Board: shall
i. conduct the Hearing in public;
ii. not be bound by the technical rules of evidence, and
iii. afford every person concerned, the opportunity to be heard, to submit evidence, and to hear the evidence of others, and
iv. adopt rules of procedure for hearing appeals currently in use by the Council, and Rules of Order shall be as per the Municipal Procedures Bylaw, and.
v. consider each appeal having regard to the circumstances and merit of the case and the applicable provisions of this and other Municipal Bylaws and the Municipal Government Act.
19. The person to whom an Order is directed shall comply with the directions of the Order as set out in the Order by the Enforcement Officer, or the requirements or directions set out in any decision of the Board.
20. Noncompliance:
A. If a person to whom a Compliance Order is directed under this Bylaw fails to carry out the Order within the time stated or within the time limit ruled by the Board in the case of an Order that is appealed, an Enforcement Officer shall access the property or structure in accordance with Section 14 of this Bylaw and take whatever actions are necessary to deal with the unsightly condition of the premises.
B. The Municipality Work Force or persons appointed by it may remove fencing or other obstructions in carrying out the Order and shall replace or repair any fencing or other obstructions removed or damaged in the course of carrying out the Order.
C. The expenses incurred by the Municipality in carrying out an Order under this Section constitutes a debt owing to the Municipality from the person to whom the Order is directed.
D. Within thirty (30) days of ascertaining the amount of the expenses incurred by the Municipality in carrying out the Order, the Chief Financial Officer shall send a demand for payment of these expenses to the person to whom the Order was directed.
E. Should payment of said expenses not be made within sixty (60) days, the Director of Finance and Systems shall place the amount of the expenses incurred in carrying out the Order on the tax role as an additional tax against the land and that amount:
i. forms a lien on the land in favour of the Municipality, and
ii. shall be deemed to be taxes imposed and assessed on the land and delinquent under the Municipal Government Act from the date the expenses were incurred, and that Act applies to the enforcement, collection and recovery of the amount.
F. Where the Municipality carried out an Order under this Section the work forces shall deposit any material removed from the premises at a location designated by the Public Works Superintendent.
G. When material removed from said premises under Subsection (F) is removed to a location specified by the Public Works Superintendent, the Public Works Superintendent may direct that the material be disposed of if the person to whom the Order has been issued does not remove the material within fourteen (14) days of being requested in writing to do so by the Public Works Superintendent.
21. A person who fails to meet the conditions of a Compliance Order is guilty of an offence. An Enforcement Officer is hereby authorized and empowered to issue a Violation Tag to such persons.
A. A person to whom a Violation Tag has been issued, is liable for the fines as set out in Attachment 1 (Fee Schedule)
B. An Enforcement Officer is hereby authorized and empowered to issue a Violation Tag to any person who the Enforcement Officer has reasonable and probable grounds to believe has contravened any provisions of this Bylaw.
C. A Violation Tag may be issued to such person either personally or by mailing a copy to such person at his last known post office address.
D. The Violation Tag shall be in a form approved by the Chief Administrative Officer and shall state:
i. the name of the Owner of land;
ii. a description of the land;
iii. the offence;
iv. the appropriate penalty for the offence in addition to the inspection fee as specified in
Attachment 1 (Fee Schedule).
v. that the penalty shall be paid within thirty (30) days of the issuance of the Violation Tag
vi. any other information as may be required by the Chief Administrative officer
E. Where a contravention of this Bylaw is of a continuing nature, further Violation Tags may be issued by an Enforcement officer, provided however, that no more than one Violation Tag shall be issued for each day that the contravention continues.
F. Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the Municipality’s Treasurer the penalty specified on the Violation Tag.
G. In those cases where a Violation Tag has been issued and if the penalty specified on a Violation Tag has not been paid within the prescribed time, then an Enforcement Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, S.A. 1988, c.P-21.5, as amended.
H. Notwithstanding anything to the contrary in this Bylaw, an Enforcement Officer is hereby authorized and empowered to immediately issue a Violation Tag to any person who the Enforcement Officer has reasonable grounds to believe has contravened any provision of this Bylaw.
22. Should any provision of this bylaw be invalid, then such invalid provisions shall be severed and the remaining bylaw shall be maintained.
23. This bylaw comes into full force and effect upon third and final reading.
24. Bylaw 534,2000 is hereby repealed.
Read a first time this 20th day of April , 2010.
Read a second time this day of , 2010.
Read a third and final time, this day of , 2010.
MUNICIPALITY OF CROWSNEST PASS
Mayor
ORIGINAL SIGNED
Chief Administrative Officer
Attachment 1, Fee Schedule
(i) First offence, TWO HUNDRED AND FIFTY ($250.00) Dollars
(ii) Second offence, FIVE HUNDRED ($500.00) DOLLARS.
(iii) Third and subsequent offences, ONE THOUSAND ($1,000.00) DOLLARS
(iv) Cost of Inspections, Fifty ($50.00) Dollars
(v) Cost of Appeals, One Hundred ($100.00) Dollars
Friday, December 18, 2009
Response to Chasing away Business in The Crowsnest Pass
The following is a letter I sent to the Editor, in response to the article referring to the pine beetle crew that wanted to stay at the Crowsnest Centre.
Regarding the latest controversy of “Council chasing away business”. I was very surprised that this article did not present a fair and unbiased view of the issues and that councillors with opposing views were not interviewed and given the opportunity to comment.
First, Council members indeed were approached with the opportunity to provide accommodation to an enterprise for 50 people; 25 rooms for 52 days with access to an office and meeting areas. The Municipality would have been paid $16500 for those rooms. This works out to $12.69 per room per day for two people. The public has been told that the Centre does not compete with the commercial sector. The majority of Council believes that we have a hospitality industry in the Crowsnest Pass that has to pay taxes, pay staff, pay their utilities, make donations to various causes and make a profit. The majority of Council believes the hospitality industry should not have to compete unfairly with a subsidized Municipal facility. There is a good reason why hotels charge more than $12.69 per room.
Second, the majority of Council took the position that there are lots of rooms available in our community; our local commercial taxpaying hospitality industry. If only this enterprise had taken the time and effort to research the availability of rooms in the Crowsnest Pass. This enterprise demanded that their crew be accommodated in one location. I quote the president: "We can’t be moving our people form [sic] one under equipped hotel to another (my people will just quit) and we can’t be chasing them 4 times a day between multiple locations from BC to Frank". Their position was that having their crew scattered all over the Crowsnest Pass did not work for them. However, in the last letter from the contractor he stated: “We will house 16 of our crew in Longview in less than perfect accommodations. We will move the rest of our crew to Pincher Creek except for 10 people that we have in B&B’s in Coleman.”
The point that the majority of Council was trying to make was that we have a hospitality industry in the Crowsnest Pass that does not need to compete unfairly or at all with a subsidized Municipally owned facility supported by taxpayers dollars.
And to the lady from the local hotel that called and the B + B lady that approached me at the Bank, Thanks for your kind comments and support. (And yes I appreciate that they never called your establishments for rooms)
If you are interested in voicing an opinion on this issue you can either leave a comment here or go and vote on the local papers On line Poll at the following address.
http://www.crowsnestpasspromoter.com/
Regarding the latest controversy of “Council chasing away business”. I was very surprised that this article did not present a fair and unbiased view of the issues and that councillors with opposing views were not interviewed and given the opportunity to comment.
First, Council members indeed were approached with the opportunity to provide accommodation to an enterprise for 50 people; 25 rooms for 52 days with access to an office and meeting areas. The Municipality would have been paid $16500 for those rooms. This works out to $12.69 per room per day for two people. The public has been told that the Centre does not compete with the commercial sector. The majority of Council believes that we have a hospitality industry in the Crowsnest Pass that has to pay taxes, pay staff, pay their utilities, make donations to various causes and make a profit. The majority of Council believes the hospitality industry should not have to compete unfairly with a subsidized Municipal facility. There is a good reason why hotels charge more than $12.69 per room.
Second, the majority of Council took the position that there are lots of rooms available in our community; our local commercial taxpaying hospitality industry. If only this enterprise had taken the time and effort to research the availability of rooms in the Crowsnest Pass. This enterprise demanded that their crew be accommodated in one location. I quote the president: "We can’t be moving our people form [sic] one under equipped hotel to another (my people will just quit) and we can’t be chasing them 4 times a day between multiple locations from BC to Frank". Their position was that having their crew scattered all over the Crowsnest Pass did not work for them. However, in the last letter from the contractor he stated: “We will house 16 of our crew in Longview in less than perfect accommodations. We will move the rest of our crew to Pincher Creek except for 10 people that we have in B&B’s in Coleman.”
The point that the majority of Council was trying to make was that we have a hospitality industry in the Crowsnest Pass that does not need to compete unfairly or at all with a subsidized Municipally owned facility supported by taxpayers dollars.
And to the lady from the local hotel that called and the B + B lady that approached me at the Bank, Thanks for your kind comments and support. (And yes I appreciate that they never called your establishments for rooms)
If you are interested in voicing an opinion on this issue you can either leave a comment here or go and vote on the local papers On line Poll at the following address.
http://www.crowsnestpasspromoter.com/
Subscribe to:
Posts (Atom)