Bylaw 11/2022 Nuisance Abatement Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot c56e6baee086 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## Town of Blaine Lake Bylaw #11/2022 ## Nuisance Abatement Bylaw A Bylaw of the Town of Blaine Lake in the Province of Saskatchewan being a Bylaw to Nuisance Abatement Bylaws. The Council of the Town of Blaine Lake in the Province of Saskatchewan in open meeting hereby enacts as follows: 1. Purpose - a. The purpose of this Bylaw is to establish standards for the maintenance and occupancy of property, to ensure that such standards be maintained, and to provide for the abatement of nuisances, including property, activities, or things that adversely affect: - i. The safety, health or welfare of people in the neighborhood; - ii. People's use and enjoyment of their property; or - iii. The amenity of a neighborhood. 2. Definitions in this Bylaw - b. "Building" means a building within the meaning of The Municipalities Act; - a. "Designated Officer" means an employee or agent of the Municipality appointed by Council to act as a municipal inspector for the purposes of the Bylaw; 9. "Municipality" means The Town of Blaine Lake; - e. "Junked vehicle" means any automobile, tractor, truck, trailer or other power vehicle that: 11. "Council" means the Council of the Town of Blaine Lake; - i. Either: 1. Has no valid license plate attached to it; or 2. Is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and 1. Is not within a structure erected in accordance with any Bylaw respecting the erection of buildings and structures in force within the Municipality; and - ii. Is located on private land, but that: 2. Does not form a part of a business enterprise lawfully being operated on that land; - i. The safety, health or welfare of people in the neighborhood; - f. "nuisance" means a condition of property, or a thing, or an activity, that adversely affects of may adversely affect: 20. People's use and enjoyment of their property; or - iii. The amenity of a neighborhood and includes; 1. A building in a ruinous or dilapidated state of repair; 3. Land that is overgrown with grass and weeds; 2. An unoccupied building that is damaged and is an imminent danger to public safety; 4. Untidy and unsightly property; 5. Junked vehicles; and 27. . Open excavations on property 28. occupant" means an occupant as defined in The Municipalities Ac 29. "owner" means an owner as defined in The Municipalities Act 30. "property" means land or buildings or both;  - "structure" means anything erected or constructed, the use of which requires temporary or permanent location on, or support of the soil, or attached to something having permanent location on the ground or soil; but not including pavements, curbs, walks or open air surfaced areas. 3. Responsibility 4. Nuisances |Prohibited Generally - a. Unless otherwise specified, the owner of a property, including land, buildings and structures, shall be responsible for carrying out the provisions of this Bylaw. - a. No person shall cause or permit a nuisance to occur on any property owned by that person. 5. Dilapidated Buildings - a. Notwithstanding the generality of Section 4, no person shall cause or permit a building or structure to deteriorate into a ruinous or dilapidated state such that the building or structure: - i. Is dangerous to the public health or safety; - ili. Is substantially detrimental to the amenities of the neighborhood. - ii. Substantially depreciates the value of other land or improvements in the neighborhood; or 6. Unoccupied Buildings - a. Notwithstanding the generality of Section 4, no person shall cause or permit an unoccupied building to become damages or to deteriorate into a state of disrepair such that the building is an imminent danger to public safety, or substantially depreciates the value of other land or buildings in the neighborhood. 7. Overgrown Grass and Weeds - a. Notwithstanding the generality of Section 4, no owner or occupant of land shall cause or permit the land to be overgrown with grass or weeds. - b. For the purpose of this section, "overgrown" means in excess of 20 centimeters in height. - c. This section shall not apply to any growth which forms part of a natural garden that has been deliberately planted to produce ground cover, including one or more species of wildflowers, shrubs, perennials, grasses or combinations of them, whether native or nonnative, consistent with a manages and natural landscape other than regularly mown grass. - d. No owner or occupant of land shall cause or permit any adjoining boulevards or lands to be overgrown with grass or weeds. - e. After having been served with an order respecting property overgrown with grass and weeds under this section, no person shall permit or allow lands described in that order to become overgrown with grass and weeds again. 8. Untidy and Unsightly Property - b. After having been served with an order respecting untidy of unsightly property under this section, no person shall permit or allow lands described in that order to become untidy or unsightly again. - a. Notwithstanding the generality of Section 4, no person shall cause or permit any land or buildings to become untidy and unsightly due to the accumulation of new or used lumber, cardboard, paper, newspapers, appliances, tires, cans, barrels, scrap metal or other waste materials or junk. - c. No owner of land shall cause or permit any adjoining boulevards or lanes to become untidy and unsightly due to the accumulation of new or used lumber, cardboard, paper, newspapers, appliances, tires, cans, barrels, scrap metal or other waste materials or junk 9. Junked Vehicles - a. Notwithstanding the generality of Section 4, no person shall cause or permit more than one junked vehicle to be kept on any land owned by that person.  - b. After having been served with an order respecting junked vehicles under this section, no person shall permit or allow lands described in that order to store junked vehicles again, unless they comply with Section 9.1 of this Bylaw - c. Notwithstanding Section 9.1, a junked vehicle must be inside an approved structure or securely covered with a canvas vehicle tarp, approved by the Town of Blaine Lake, at all times unless the vehicle is actively being worked on. 10. Open Excavations - a. Notwithstanding the generality of Section 4, no person shall cause or permit any basement, excavation, drain, ditch, watercourse, pond, surface water, swimming pool or other structure to exist in or on any private land or in or about any building or structure which is dangerous to the public safety or health. 11. Pet Wastes - a. Pet wastes shall be promptly removed from properties, and disposed of in an acceptable manner. - b. Pet wastes shall not be allowed to accumulate in an unreasonable manner. 12. Maintenance of Yards - i. An infestation of rodents, vermin or insects; - a. Notwithstanding the generality of Section 4, no person shall cause or permit on any property owned by that person: - ii. Any dead or hazardous trees; - iii. Any sharp or dangerous objects. - b. A yard shall be graded in such a manner so as to prevent: - i. Excessive ponding of water; and 13. Outdoor storage of Materials - ii. Excessive dampness accumulating near buildings. - a. Any building materials, lumber, scrap metal, boxes or similar items stored in a yard shall be neatly stacked in piles and elevated off the ground so as not to constitute a nuisance or harborage for rodents, vermin or insects. - b. Materials referred to in section 12.b shall be elevated at least 0.15 meters off the gound and shall be stacked at least 3.0 meters from the exterior walls of any building and at least 1.0 meter from the property line. 14. Refrigerators and Freezers - a. Any refrigerator or freezer left in a yard shall either have its hinges, latches, lid, door or doors removed, or be securely locked at all times. 15. Fences - a. Fences shall be maintained in a safe and reasonable state of repair. 16. Graffiti 17. Enforcement of Bylaw - a. Notwithstanding the generality of Section 4, no person shall permit graffiti to remain on any buildings, accessory building, fence or on any other structure on property owned by that person 26. The administration and enforcement of this Bylaw is hereby delegated to the CAO for the Town of Blaine Lake or their designate. 18. Inspections - b. Inspections under this Bylaw shall be carried out in accordance with Section 362 of The Municipalities Act. - a. The inspection of property by the Municipality to determine if this Bylaw is complied with is hereby authorized. - c. No person shall obstruct a Designated Officer who is authorized to conduct an inspection under this section, or a person who is assisting a Designated Officer. 19. Order to Remedy Contraventions  - a. If a Designated Officer finds that a person is contravening this Bylaw, the Designated Officer may, by written order, require the owner or occupant of the property to which the contravention relates to remedy the contravention; - b. Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act. - c. Orders given under Bylaw shall be served in accordance with Section 390(1(a), (b) or (C) of The Municipalities Act 20. Registration of Notice of Order 5. If an order is issued pursuant to Section 19.a. the Municipality may, in accordance with Section 364 of The Municipalities Act give notice of the existence of the order by registering an interest against the title to the land that is the subject of the order. 21. Appeal of Order to Remedy - a. A person may appeal an order made pursuant to Section 19.a. in accordance with Section 365 of The Municipalities Act 22. Municipality Remedying Contraventions - b. In an emergency, the Municipality may take whatever actions or measures are necessary to eliminate the emergency in accordance with the provisions of Section 367 of The Municipalities Act. - a. The Municipality, may in accordance with Section 366 of The Municipalities Act, take whatever actions or measures are necessary to remedy a contravention of this Bylaw. 23. Recovery of Unpaid Expenses and Costs - i. By civil action for debt in a court of competent jurisdiction in accordance with Section 368 of The Municipalities Act; or\ - a. Any unpaid expenses and costs incurred by the Municipality in remedying a contravention of this Bylaw may be recovered either: - ii. By adding the amount to the taxes on the property on which the work is done in accordance with Section 369 of The Municipalities Act. 24. Offences and Penalties - a. No person shall: - i. Fail to comply with an order made pursuant to this Bylaw; - iii. Fail to comply with any other provision of this Bylaw. - ii. Obstruct or interfere with any Designated Officer or any other person acting under the authority of this Bylaw; or - b. Every person who contravenes any provision of Section 24.a is guilty of an offence and liable on summary conviction: 21. In the case of a corporation, to a fine of not more than $25,000.00; and - i. In the case of an individual, to a fine of not more than $10,000.00 - iii. In the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day 25. Coming Into force - a. This Bylaw shall come into force on the day of its final passing.  ## Nuisance Abatement Bylaw #11/22 - Town of Blaine Lake 26. Bylaw #2/2006, Bylaw 8/2007 and Bylaw 7/2008 are hereby Repealed. SEAL  Read a first time on September 26, 2022 Read a second time on September 26, 2022 Read a third time and adopted on September 26, 2022