Casual legal: Enforcement best practices
DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.
By Lauren Chalaturnyk
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
All municipalities have to deal with unsightly properties from time to time, and while they can be a nuisance for neighbours, and a challenge for municipal administration, there are mechanisms available to address these types of properties.
Under section 545 of the MGA, municipalities can issue orders to address contraventions of bylaws or enactments, including a community standards bylaw or an unsightly, or nuisance property bylaw. Section 546 allows municipalities to issue orders to address properties which are unsightly to such a degree that they have become detrimental to the surrounding area (including, by causing a decline in the market value).
When considering how to enforce against unsightly properties, municipalities should start with a strongly drafted community standards (or equivalent) bylaw. It should clearly define what constitutes unsightly or nuisance conditions, and should identify service methods, penalties, inspection powers, and cost recovery mechanisms. A clearly drafted bylaw reduces disputes and helps property owners, enforcement officers, and the Court apply the bylaw consistently.
Before issuing an order, either under section 545 or section 546 of the MGA, the municipality should gather information and evidence, and build an enforcement file including: complaint history, ownership or tax-roll information, officer notes, prior warnings, dated photographs from prior to and after any warnings, contact attempts, and any applicable safety concerns. If entry onto land is required in order to conduct an investigation, the municipality must give the landowner reasonable notice pursuant to section 542 of the MGA.
If an order is required, it should be clear and concise. It should identify the property, authority relied on, work required, deadline, consequences of non-compliance, appeal or review rights and the intended cost-recovery route. Timelines should be realistic but firm.
Finally, municipalities should anticipate what their next steps may be if the property owner remains non-compliant. If the owner does not comply, the municipality may complete the work (s. 549 MGA) and recover eligible costs, including by adding enforcement costs to the tax roll. Municipalities may also issue violation tickets for breaches of applicable bylaws and/or pursue an injunction through the Court of King’s Bench pursuant to section 554 of the MGA.
Ultimately, enforcement against unsightly properties will be the most successful where the enforcement file demonstrates clear authority, proper engagement with the property owner, convincing evidence, fair communication, and a practical remedy tied to the actual condition of the property.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1.800.661.7673 or email casuallegal [at] abmunis.ca (casuallegal[at]abmunis[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] abmunis.ca (riskcontrol[at]abmunis[dot]ca), or call 310.MUNI (6864) to speak to Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
