Compliance inquiry

When the development authority has reason to believe that a development, land use, or use of a building, is not in accordance with this bylaw, a development permit, a subdivision approval, part 17 of the Municipal Government Act, or any regulations under part 17 of the Municipal Government Act, the development authority may issue in writing a compliance inquiry to the owner, the person in possession of the land or building, or the person responsible for the contravention, or any or all of them, stating the nature of the contravention and requesting consent to conduct an inspection to confirm compliance.

Issuance of a compliance inquiry is not required before commencing any other enforcement action under this bylaw, the Municipal Government Act, or at all.

Warning notice

When the development authority reasonably believes that a development, land use, or use of a building, is not in accordance with this bylaw, a development permit, a subdivision approval, part 17 of the Municipal Government Act, or any regulations under part 17 of the Municipal Government Act, the development authority may issue in writing a warning notice to the owner, the person in possession of the land or building, or the person responsible for the contravention, or any or all of them, stating:

1. (a) the nature of the contravention;
2. (b) the corrective measures required to remedy the contravention;
3. (c) the time within which such corrective measures must be performed; and
4. (d) the fine amount for the offence of failing to comply with a warning notice established by this bylaw.

Issuance of a warning notice is not required before commencing any other enforcement action under this bylaw, the Municipal Government Act, or at all.

Stop order and enforcement of stop order

Pursuant to section 645 of the Municipal Government Act, if the development authority finds that a development, land use, or use of a building, is not in accordance with this bylaw, a development permit, a subdivision approval, part 17 of the Municipal Government Act, or any regulations under part 17 of the Municipal Government Act, the development authority may, by written notice, order the owner, the person in possession of the land or building, or the person responsible for the contravention, or any or all of them, to do any of the following within the time set out in the notice:

1. (a) stop the development or use of the land or building in whole or in part as directed by the notice;
2. (b) demolish, remove, or replace the development; or
3. (c) carry out any other actions required by the notice for compliance.

The written notice issued pursuant to section 2.13(5):

1. (a) must specify the date on which the order was made;
2. (b) must contain any other information required by the Municipal Government Act; and
3. (c) must be given or sent to the person or persons referred to in section 2.13(5) on the same day the decision is made.

Subject to the Municipal Government Act, if the development authority issues an order pursuant to section 2.13(5), the person who is affected by the order may appeal to the Appeal Board or Tribunal by filing a notice of appeal containing reasons within 21 days after the date on which the order is made.

Subject to section 542 of the Municipal Government Act, if a person fails or refuses to comply with the order of the development authority or an order of the Appeal Board or Tribunal, the development authority may enter on the land or building and take any action necessary to carry out the order.

The County may register a caveat under the Land Titles Act in respect of an order referred to in section 2.13(5) against the certificate of title for the land that is the subject of the order. If the County registers a caveat, the County will discharge the caveat when the order has been complied with.

Pursuant to section 553 of the Municipal Government Act, the County may add to the tax roll of the land that is the subject of an order referred to in section 2.13(5) the County's expenses and costs of carrying out the order.

Offences and fines

Any person who contravenes, or causes or allows a contravention of, any provision of this bylaw, part 17 of the Municipal Government Act, the regulations under part 17 of the Municipal Government Act, a development permit, a condition of a development permit, a subdivision approval, or a decision of the Appeal Board or Tribunal (including as such decision is denied or upheld by the Alberta Court of Appeal or the Supreme Court of Canada) is guilty of an offence.

Any person who commences or carries on or causes or allows to be commenced or carried on, a development or use unless a development permit has been issued for such development or use is guilty of an offence.

Any person who fails to comply with a warning notice issued pursuant to this bylaw is guilty of an offence.

Any person who fails to comply with a stop order issued pursuant to this bylaw is guilty of an offence.

Any person who obstructs or hinders any person in the exercise or performance of that person's powers under this bylaw or part 17 of the Municipal Government Act, is guilty of an offence.

A person who is guilty of an offence under this bylaw is liable to a fine in the amount specified in the County’s Fees, Rates and Charges Bylaw as amended or replaced from time to time, or a fine of $1,000.00 for a first offence and $2,500.00 for any subsequent offence for which a fine is not otherwise established in the Fees, Rates and Charges Bylaw as amended or replaced from time to time.

A person who is found guilty of an offence under this bylaw and does not pay the fine is liable to imprisonment for not more than one year, or to both fine and imprisonment.

A subsequent offence means an offence committed by a person after that person has already been convicted of the same offence or has voluntarily paid a fine for the same offence.

In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day, or part of a day, on which it continues and a person guilty of such offence is liable to a fine for each such day.

Nothing in this bylaw diminishes or in any way affects the:

1. (a) provisions of the Municipal Government Act relating to offences and penalties; and
2. (b) the rights of the County pursuant to the Municipal Government Act or at common law to seek an entry order, order for compliance, injunction or any other order to obtain compliance with this bylaw.
3.  

Violation tag

A violation tag may be issued for any offence under this bylaw.

A person who commits an offence may, if a violation tag is issued for the offence, pay the fine amount established by this bylaw for the offence and, if the full amount is paid on or before the required date, the person will not be prosecuted for the offence.

The development authority may issue and serve a violation tag on any person the development authority has reasonable and probable grounds to believe has contravened a provision of this bylaw by:

1. (a) personally serving the violation tag on the person; or
2. (b) sending the violation tag to the person by registered mail.

A violation tag must be in the form approved by Administration and must state:

1. (a) the name of the person to whom the violation tag is issued;
2. (b) the particulars of the contravention of this bylaw;
3. (c) the fine amount for the offence established by this bylaw;
4. (d) that the fine must be paid within 30 days of the issuance of the violation tag in order to avoid prosecution;
5. (e) the method by which the fine must be paid; and
6. (f) any other information as may be required by Administration.

Violation ticket

If a violation tag has been issued and the specified fine on the violation tag has not been paid within the prescribed time, a peace officer may issue a violation ticket to the person to whom the violation tag was issued.

A peace officer may, in the peace officer's sole discretion, elect to issue and serve a violation ticket without a violation tag first being issued.

A peace officer may issue a violation ticket pursuant to the Provincial Offences Procedure Act to any person the peace officer has reasonable and probable grounds to believe has contravened a provision of this bylaw.

Signs

In addition to the provisions set out above in this section 2.13, the below regulations in this section 2.13 are applicable to signs.

When applicable to a sign, any references in section 2.13 to 'owner' means the owner of the lot on which the sign is located (if the sign is located on private property) and the sign owner. More than one person may be subject to enforcement respecting the same sign.

In addition to anything else the development authority may do in accordance with this bylaw, where a sign is located on public property contrary to this bylaw, the development authority may:

1. (a) remove the sign without prior notice to any person; or
2. (b) request that the sign owner, at the sign owner's sole cost and expense, remove the sign and restore any area disturbed or damaged because of the sign.

A sign removed by the development authority in accordance with this bylaw will be stored by the County for the impoundment period.

Despite section 2.13(31), a sign constructed of disposable materials (foam core board, illustration board, poster board, or other similar material) that is removed by the development authority in accordance with this bylaw does not need to be stored by the County for the impoundment period and may be immediately destroyed or disposed of by the development authority without prior notice to any person.

During the impoundment period the sign owner may reclaim and retrieve the sign. To reclaim and retrieve the sign the sign owner must pay the fee specified in the Fees, Rates and Charges Bylaw and take possession of the sign.

If the sign owner does not reclaim and retrieve the sign during the impoundment period, then at the conclusion of the impoundment period the development authority will destroy or dispose of the sign without prior notice to any person.

The County is not liable for and does not have any obligation to compensate a sign owner or any other person for damage to a sign, loss of a sign, damages incurred due to the removal of a sign, when that sign was removed by the development authority in accordance with this bylaw.

The County's costs of removing a sign, restoring the immediate area around the sign following the removal of the sign, destroying a sign, disposing of a sign, taking actions necessary to terminate an immediate danger related to a sign before it can be removed, or a combination of the foregoing costs, are an amount owing to the County by the sign owner. Such amount may be collected by the County by civil action for debt in a court of competent jurisdiction.