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## BYLAW NO. 322
## A BYLAW OF THE TOWN OF BREDENBURY TO ESTABLISH A ABATEMENT OF NUISANCES
The Council of the Town of Bredenbury in the Province of Saskatchewan, enacts as follows:
## 1. TITLE
- This Bylaw shall be referred to as the Nuisance Abatement Bylaw.
(Bylaw No. 322)
- The purpose of this Bylaw is to provide for the abatement of nuisances, including property, activities, or things that adversely affect:
- the safety, health or welfare of people in the neighborhood;
- people's use and enjoyment of their property; or
- c) the amenity of a neighborhood.
## 2. DEFINITIONS
- a) Designated Officer means an employee or agent of the Municipality appointed by Council to act as a municipal inspector for the purposes of this Bylaw;
2. In this Bylaw:
- b) Building means a building within the meaning of The Municipalities Act;
- d) Council means the elected members of the Council of the Town of Bredenbury;
- c) Municipality means the Town of Bredenbury;
- e) Junked vehicle means any automobile, tractor, truck, trailer or other vehicle that either:
- (1) has no valid license plates attached to it; or
- (2) is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and
9. is located on private land, but that:
- (2) does not form a part of a business enterprise lawfully being operated on that land;
- (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
12. Nuisance means a condition of property, or a thing, or an activity, that adversely affects or may adversely affect:
13. ii) people's use and enjoyment of their property; or
- i) the safety, health or welfare of people in the neighborhood;
15. iii) the amenity of a neighborhood
and includes:
- i) a building in a ruinous or dilapidated state of repair;
2. ili) land that is overgrown with grass and weeds;
3. ii) an unoccupied building that is damaged and is an imminent danger to public safety;
4. iv) untidy and unsightly property;
- v) junked vehicles; and
6. vi) open excavations on property;
7. Occupant means an occupant as defined in The Municipalities Act;
8. Owner means an owner as defined in The Municipalities Act;
9. Property means land or buildings or both;
10. 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.
- k) Overgrown means in excess of 0.20 meters in height
## 4. RESPONSIBILITY
Unless otherwise specified, the owner of a property, including land, buildings and structures, shall be responsible for carrying out the provisions of this Bylaw.
## 5. NUISANCES PROHIBITED GENERALLY
No person shall cause or permit a nuisance to occur on any property owned by that person.
## 6. DILAPIDATED BUILDINGS
Notwithstanding the generality of Section 5, no person shall cause or permit a building or structure to deteriorate into a ruinous or dilapidated state such that the building or structure:
- a) is dangerous to the public health or safety;
- b) substantially depreciates the value of other land or improvements in the neighbourhood;
- c) is substantially detrimental to the amenities of the neighborhood.
## 7. UNOCCUPIED BUILDINGS
Notwithstanding the generality of Section 5, no person shall cause or permit an unoccupied building to become damaged or to deteriorate into a state of disrepair such that the building is an imminent danger to public safety.
## 8. OVERGROWN GRASS AND WEEDS
- b) 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 non-native, consistent with a managed and natural landscape other than regularly mown grass.
- a) Notwithstanding the generality of Section 5, no owner or occupant of land shall cause or permit the land to be overgrown with grass or weeds.
## 9. UNTIDY AND UNSIGHTLY PROPERTY
Notwithstanding the generality of Section 5, no person shall cause or permit any land or buildings to become untidy and unsightly.
## 10. JUNKED VEHICLES
Notwithstanding the generality of Section 5, no person shall cause or permit any junked vehicle to be kept on any land owned by that person.
## 11. OPEN EXCAVATIONS
Notwithstanding the generality of Section 5, 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.
## 12. MAINTENANCE OF YARDS
- a) an infestation of rodents, vermin or insects;
Notwithstanding the generality of section 5, no person shall cause or permit on any property owned by that person:
- b) any dead or hazardous trees; or
- c) any sharp or dangerous objects.
## 13. OUTDOOR STORAGE OF MATERIALS
- b) Materials referred to in subsection 13 (a) shall be elevated at least 0.15 meters off the ground 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.
- 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 harbourage for rodents, vermin and insects.
## 14. REFRIGERATORS AND FREEZERS
Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors removed.
## 15. FENCES
Fences shall be maintained in a safe and reasonable state of repair.
## 16. ENFORCEMENT OF BYLAW
- a) The administration and enforcement of this Bylaw is hereby delegated to the Administrator / Clerk for the Town of Bredenbury.
- b) The Administrator / Clerk of the Town of Bredenbury is hereby authorized to further delegate the administration and enforcement of this Bylaw to members of Council and/or the Town Foreman.
## 17. 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 being 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.
## 18. 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.
## 19. REGISTRATION OF NOTICE OF ORDER
If an order is issued pursuant to subsection 18 (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.
## 20. APPEAL OF ORDER TO REMEDY
A person may appeal an order made pursuant to subsection 18 (a) in accordance with Section 365 of The Municipalities Act.
## 21. MUNICIPALITY REMEDYING CONTRAVENTIONS
- 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.
- 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.
## 22. RECOVERY OF UNPAID EXPENSES AND COSTS
- a) by civil action for debt in a court of competent jurisdiction in accordance with Section 368 of The Municipalities Act; or
Any unpaid expenses and costs incurred by the Municipality in remedying a contravention of this Bylaw may be recovered either:
- b) 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.
## 23. OFFENCES AND PENALTIES
No person shall:
- b) obstruct or interfere with any Designated Officer or any other person acting under the authority of this Bylaw; or
- a) fail to comply with an order made pursuant to this Bylaw;
- c) fail to comply with any other provision of this Bylaw.
## 24. MISCELLANEOUS
- b) Where the Municipality receives voluntary payment of the amount prescribed under Subsection 24 (a) within the time specified, the person receiving the Notice of Violation shall not be liable to prosecution for the alleged contravention.
- a) A Designated Officer who has reason to believe that a person has contravened any provision of this Bylaw may serve on that person a Notice of Violation, which Notice of Violation shall indicate that the Municipality will accept voluntary payment in the sum of one hundred dollars ($100.00) to be paid to the Municipality within ten (10) days of the sum owing being provided to the person for the violation.
- c) Every person who contravenes any provision of Section 23 is guilty of an offence and liable on summary conviction: i) in the case of an individual, to a fine of not more than $10,000; il) in the case of a corporation, to a fine of not more than $25,000; and iii) in the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day.
## 25. REPEAL OF FORMER BYLAWS
Bylaw #177, Untidy & Unsightly Premises; and all amendments thereto are hereby repealed.
## 25.COMING INTO FORCE
This Bylaw shall come into force on the day of its final passing.
INTRODUCED AND READ A FIRST TIME THIS 14" Day of December A.D., 2005. READ A SECOND TIME THIS 14* Day of December A.D., 2005. READ A THIRD TIME BY UNANIMOUS CONSENT AND PASSED THIS 14* Day of December A.D., 2005.
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Certified a True and Accurate Copy of Bylaw No. 322, which was passed by Council on The 14* day December A.D., 2005.
B.R. Dutchok
Mayor
Administrator
Administrator
NCORPORATED
MAY 1 1913
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