Changes to county nuisance and unsightly property bylaw

By John Watson Local Journalism Initiative Reporter

Wheatland County is implementing changes to the nuisance and unsightly property bylaw.

Presented at the county’s June 15 regular meeting, the goal of the changes is to increase clarification on some of the terminology used in the bylaw, as well as increase the likelihood of the county’s success if an infraction must be taken to court.

Reeve Amber Link said the adjustments were brought to the county’s attention by local peace officers and would help make the rare occasion of a legal proceeding much easier.

“They really were just minor amendments; there was the addition of a designated officer definition and a couple of clauses around violating remedial orders, as well as clarifying some of the penalties,” she said. “It was almost housekeeping; it was just things that came to our attention.”

The bylaw now also more clearly states penalties that may be assigned for those who are found to be in violation and refuse to comply with orders to rectify the situation.

Anyone who is found guilty of an offence and is liable upon conviction may receive a fine of a maximum $10,000 or imprisonment for a time not exceeding one year. If a person violates the same bylaw within a year of the initial violation, they may be issued a tag for a penalty of $500.

During the council meeting, administration explained the adjustments addressed missing information that would likely make prosecutions of offences under the bylaw difficult.

Also now defined are occasions where offences occur on a continuing basis and orders have not been complied with. Each day of non-compliance is a separate offence, and a person can be ticketed every day until it is complied with.

Link said cases that are taken to litigation are rare, and the adjustments will not usually be noticeable by the average property owner.

“The vast majority of issues that we deal with … are based on complaints. It’s not super frequent that we deal with them, and we always start with education and discussion around (awareness) of the bylaw.

“Nine times out of 10, or more frequently, all it takes is a conversation (to) bring it to their attention and it’s rectified.”

Link also explained that bylaws are consistently looked at and adjusted in order to increase clarity and effectiveness.

“We’re constantly reviewing our bylaws, looking at best practises and other municipalities, looking at outcomes … whether they are legal proceedings or things like that.”