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OFFICE CONSOLIDATION
Including Amendments to (DATE HERE)
All persons making use of this consolidation are reminded that it has
no legal status and that the amendments have been embodied for
convenience of reference only. A certified copy of the Bylaw and
amendments should be consulted for all purposed of interpreting and
applying the law.
RESORT VILLAGE
OF
CANDLE LAKE
Amendments to the Property Maintenance & Nuisance
Abatement Bylaw 16-2023
Bylaw
No.
Type
Description
Date Passed
09-2025
Text
Added to Section 54 - Order to Remedy Contraventions (2)
& (3) "and Municipalities Act."
June 26/2025
Added Section 55 - Registration of Notice of Order - added
words "and Municipalities Act."
Added Section 56 - Appeal of Order to Remedy - added
words "and Municipalities Act."
Page 1
Candle Lake
The Property Maintenance & Nuisance Abatement Bylaw
16-2023
Page 2
Bylaw No. 16-2023
The Property Maintenance & Nuisance Abatement Bylaw
The Council of the Resort Village of Candle Lake
Short Title
1. This Bylaw may be cited as The Property Maintenance & Nuisance
Abatement Bylaw.
Purpose
2. The purpose of this Bylaw is to provide for the proper maintenance of
property and the abatement of nuisances, including property or things that:
(a)
affect the safety, health and welfare of people in the neighbourhood; or
(b)
affect the amenity of a neighbourhood.
Definitions
3.
In this Bylaw:
(a) "accessory building" means an accessory building within the meaning of The
Zoning Bylaw of the Resort Village of Candle Lake.
Page 3
(1.a)
"building" means a building within the meaning of The Municipalities Act;
and
(b)
"Council" means the Council of The Candle Lake;
(c)
"dwelling unit" means a room or series of rooms of complementary use
operated as a housekeeping unit, used or intended to be used as a domicile by
one or more persons and usually containing cooking, eating, living, sleeping and
sanitary facilities;
(d)
"Fire Chief' means person hired by the village to manage the emergency
Services Department for the village;
(e)
"graffiti" means any drawing, inscription, writing or other mark that
disfigures or defaces any building, accessory building, fence or other structure,
however made, or otherwise affixed;
(f)
"habitable room" means a room in a dwelling unit used or intended to be
used for living, sleeping, cooking or eating purposes or any combination thereof;
but does not include a bathroom, laundry, pantry, lobby, stairway, closet, service
room or other space for service and maintenance of the dwelling unit;
(g)
"junked vehicle" means any automobile, tractor, truck, trailer or other
vehicle that:
(i)
either:
(A)
has no valid licence plates attached to it; or
(B)
is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled,
inoperative or abandoned condition; and
(ii)
is located on private land, but that:
Page 4
(A)
is not within a structure erected in accordance with any law respecting the
erection of buildings and structures in force within the Village; and
(B)
does not form a part of a business enterprise lawfully being operated on
that land;
(h)
"municipal inspector" means an employee or agent of the Village
appointed by the Fire Chief for The Resort Village of Candle Lake to act as a
municipal inspector, or Peace Officer for the purposes of this Bylaw;
(i)
"nuisance" means:
(i)
a condition of property; or
(ii)
a thing; that affects or may affect the amenity of a neighbourhood or the
safety, health and welfare of people in the neighbourhood, and includes:
(iii)
a building in a ruinous or dilapidated state of repair;
(iv)
an unoccupied building that is damaged and is an imminent danger to
public safety;
(v)
land that is overgrown with grass and weeds or trees that would be
considered a fire hazard;
(vi)
untidy and unsightly property;
(vii)
junked vehicles;
(viii)
open excavations on property;
0)
"occupant" means an occupant as defined in The Municipalities Act;
(k)
"owner" means an owner as defined in The Municipalities Act;
Page 5
(I)
"Peace Officer'' means a peace officer as defined in Summary Offences
Act;
(m)
"property" means land or buildings or both;
(n)
"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.
(o)
'Village" means The Resort Village of Candle Lake.
Responsibility
4. Unless otherwise specified, the owner of a property, including land, buildings
and structures, shall be responsible for carrying out the provisions of this Bylaw.
Part II - Nuisances
Nuisances Prohibited Generally
5. No person shall cause or permit a nuisance to occur or remain on any
property owned by that person.
Dilapidated Buildings
6. 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; or
(b)
substantially depreciates the value of other land or improvements in the
neighbourhood.
Page 6
(c) buildings that have been deemed in a dilapidated state by the village shall
either be demolished at the owners expense, moved out of the village, or rebuilt
according the National Building Code, with a development and building permit
required from the village. Failure to acquire a development and building permit
from the village within one month will result in the building demolition at the
owners expense. Failure to complete the rebuilding to the National Building Code
within the permit time frame will result in the building being demolished at the
owners expense.
Unoccupied Buildings
7. 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.
Overgrown Grass and Weeds
8. (1) 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.
(2)
For the purposes of this section, "overgrown" means in excess of 20
centimetres in height.
(3)
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.
Untidy and Unsightly Property
9. Notwithstanding the generality of section 5, no person shall cause or permit
any land or buildings to become untidy and unsightly due to graffiti or the
Page 7
accumulation of new or used lumber, cardboard, paper, newspapers, appliances,
tires, cans, barrels, scrap metal or other waste materials or junk.
Junked Vehicles
10. 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.
Open Excavations
11. 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.
Graffiti
11.1 Notwithstanding the generality of Section 5, no person shall permit graffiti
to remain on any building, accessory building, fence or on any other structure
on property owned by that person.
Part Ill - Property Maintenance
Duty to Maintain
12.
(1) All property, including land, buildings and structures, shall be
maintained in accordance with the minimum standards prescribed in this
Part.
Page 8
(2)
No person shall cause or permit the occupancy or use of any property,
including land, building or structures that do not conform to the minimum
standards.
(3)
Notwithstanding section 4, every occupant of a property, including land,
buildings and structures, shall:
(a)
keep in a clean and sanitary condition that part of the property which the
occupant occupies or controls;
(b)
maintain exits to the exterior of the building in a safe and unobstructed
condition;
(c)
dispose of garbage and refuse and keep the property free from rubbish
and other debris which might constitute fire, health or safety hazards; and
(d)
keep any supplied fixtures clean and sanitary and exercise reasonable
care in their proper use and operation.
Division 1 - Maintenance of Yards and Accessory Buildings
Application
13.
This Division applies to all accessory buildings and yards within the
Village.
Maintenance of Yards
14. (1) A yard shall be kept free and clean from:
(a)
garbage and junk;
Page 9
(b)
junked vehicles and dismantled machinery;
(c)
excessive growth of weeds or grass;
(d)
holes and excavations that could cause an accident;
(e)
an infestation of rodents, vermin or insects;
(f)
dead or hazardous trees; and
(g)
sharp or dangerous materials.
(2) A yard shall be graded in such a manner so as to prevent:
(a)
excessive ponding of water; and
(b)
excessive dampness accumulating near buildings or structures.
Outdoor Storage of Materials
15. (1) 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.
(2) Materials referred to in subsection (1) shall be elevated at least 150 mm
off the ground and shall be stacked at least 3 metres from the exterior walls of
any building and at least 1 metre from the property line.
Refrigerators and Freezers
16. Any refrigerator or freezer left in a yard shall first have its hinges, latches,
lid, door or doors removed in accordance with The Abandoned Refrigerator Act
1994 Sask.
Page 10
Walkways, Driveways and Parking Spaces
17. If a walkway, driveway or parking space is provided, it shall be maintained
so as to afford safe passage thereon under normal use and weather conditions.
Waste Disposal
18. Every building shall provide a sufficient number of receptacles to contain
all waste in accordance with the provisions of the Village Waste Bylaw.
Accessory Buildings
19. (1) Accessory buildings shall be kept:
(a)
in good repair;
(b)
free of infestation by rodents, vermin and insects;
(c)
free of health, fire and safety hazards; and
(d)
free of graffiti.
(2) Accessory buildings shall be equipped with doors or closures and shall be
kept secured so as to prevent unauthorized entry.
(3) Bunk houses shall be permitted and shall follow The National Fire Code,
National building Code and the Canadian Electrical Code.
Page 11
Fences
20.
Fences shall be maintained in a safe and reasonable state of repair and
free of graffiti.
Division 2 - Building Standards (Exterior)
Application
21.
This division applies to all buildings in the Village.
Building Components
22. The structural components of every building, including roofs, stairs,
railings, porches, decks, joists, rafters, beams, columns, foundations, floors,
walls and ceilings shall be maintained in a safe condition, and shall be
capable of performing the function that they were intended to perform.
Exterior Walls
23. (1) All exterior surfaces shall be made of materials which provide adequate
protection from the weather.
(2)
Exterior walls shall be covered with an application of paint, stain, stucco,
brick, stone facing or other similar protective surface to protect the walls from
deterioration due to moisture penetration.
(3)
Exterior walls shall be free of holes, breaks, loose or rotting boards or
timbers or any other conditions which might admit rain or dampness to the
interior walls or the interior spaces of the building.
Page 12
(4)
All exterior surfaces shall be free of graffiti.
Roofs
24. (1) A roof, including the fascia board, soffit, cornice flashing and ice guards
shall be maintained in good condition to prevent damage to, or deterioration or
leakage of water into the building.
(2)
Loose materials, including dangerous accumulations of snow and ice,
shall be removed from the roof of a building as soon as reasonably possible so
as to prevent damage to the building, adjacent buildings, or injury to persons in
or near the building.
(3)
Water running off a roof shall be carried away from the building so as not
to cause dampness in the walls, ceilings or floors in the building but it shall not
drain onto a public street so as to create a hazardous condition or onto any
adjacent property so as to damage that property.
(4)
Eaves-troughs and downspouts shall be watertight and maintained in
good repair.
Chimneys
25. (1) Chimneys, flue pipes and smoke stacks shall be maintained in good
repair so as to prevent gases, water or any other substance from leaking into the
building in accordance with The National Building Code of Canada.
(2)
Chimneys, flue pipes and smoke stacks shall be free of any defects.
(3)
Chimneys, flue pipes and smoke stacks shall have all defective masonry
or metal components repaired or replaced as needed in accordance with The
National Fire Code of Canada.
(4)
Chimneys, flue pipes and smoke stacks shall be kept clear of obstructions.
Page 13
Exterior Doors, Storm Doors, Windows and Screens
26. (1) A door shall be provided at each entrance to a building and when closed it
shall be reasonably tight-fitting within its frame.
(2)
Exterior doors, storm doors and storm windows shall be kept in a
reasonable state of repair, and shall be weather-tight so as to perform their
intended function.
(3)
Openable windows within two metres of ground level shall have an
acceptable locking mechanism.
(4)
Exterior doors shall have an acceptable locking mechanism.
(5)
Windows and glass doors which separate heated space from unheated
space or the exterior shall be at least double glazed unless there is a separate
storm door or window.
(6)
Windows and doors which open to the exterior and which are used for
natural ventilation shall be screened so as to provide protection from the weather
and insects. Screening shall be of rust-proof material and shall not be less than
#16 gauge screen.
Stairs, Porches, Decks and Railings
27.
(1) Stairs, porches, decks and railings shall be maintained in good
repair so that no components are broken, loose, rotted or warped.
(2) A handrail shall be installed on at least one side of all exterior stairs
having more than three risers.
Page 14
Division 3 - Building Standards (Interior)
Application
28.
This Division applies to all buildings in the Village.
Floors and Stairs
29. (1) Floors and stairs shall be free of loose, warped, protruding or rotting floor
boards.
(2) Floor and stair coverings, including tiles, linoleum and carpeting, shall be kept
in a reasonable state of repair.
Walls and Ceilings
30. (1) Every wall and ceiling shall be maintained in good condition and free from
holes, large cracks, loose plaster and other hazards.
(2)
Every wall and ceiling shall be painted or finished in a suitable manner.
(3)
The surface of every wall and ceiling shall be maintained in a reasonably
clean and sanitary condition. Surfaces shall be cleaned so as to avoid buildup or
grease or other flammable material.
Page 15
Plumbing, Heating and Mechanical Standards
Water Supply
31. (1) Every building shall have access to an adequate supply of potable
running water.
(2) Every sink, wash basin, laundry, bathtub, or shower in a building shall
have an adequate supply of hot and cold running water.
(3) Every toilet shall have an adequate supply of running water.
Plumbing Facilities
32. (1) All plumbing facilities in a building, including fixtures, drains, water
pipes and connections to the water and sewer systems shall be protected
from freezing, be maintained in good working order and be free from leaks or
other defects. All connections to Sewage tanks shall be maintained in good
working condition and shall not be permitted to over flow as to cause a bio-
hazard in accordance with The Public Health Act 1994;
(2) AII bathrooms shall be fully enclosed and fitted with a door capable of
being locked from the inside in order to provide privacy for the occupant.
(3) Seats shall be provided for all toilets and the seats shall be kept in good
repair.
Gas and Open Flame Type Appliances
Page 16
33. (1) Gas stoves, water heaters and other gas appliances shall be equipped
with suitable pipes or flues for the removal of the products of combustion.
(2) All gas appliances shall be of an approved type, shall be installed in an
approved manner and shall be kept in a proper state of repair.
Fireplaces
34. (1) Fireplaces and similar installations used or intended to be used for
burning fuels in open fires, shall be connected to approved chimneys, smoke
pipes, flues or gas vents.
(2) Fireplaces and similar installations shall be installed in accordance with
the manufacturer's instructions and in accordance with The National Building
Code of Canada.
(3) Fireplaces and similar installations shall be installed so that adjacent
combustible materials and structural members are not over-heated to an unsafe
condition.
(4) AII chimneys, smoke pipes, flues or gas vents used in connection with a
fireplace or similar installation shall be free of leaks and be maintained in a
proper state of repair in accordance with The National Fire Code of Canada
Ventilation
35. (1) Every basement, crawl space and similar space shall be
adequately ventilated to the outside.
(2) Every opening for natural ventilation other than windows shall be
constructed to provide protection from the weather, rodents and insects.
(3) Screening shall be of rust-proof material.
Page 17
Electrical Services
36. (1) All buildings shall be supplied with electrical service that is adequate to
safely meet the electrical needs of the building. in accordance with Canadian
Electrical Code.
(2) If an electrical outlet currently exists in a bathroom, it shall be an approved
outlet. If any new electrical outlet is installed in a bathroom, it shall be the
Ground Fault Circuit Interrupter (GFCI) type.
(3) Extension cords, if used, shall be of an approved type and shall not
exceed the circuit capacity.
(4) Extension cords shall not be used in lieu of permanent wiring for electrical
outlets, lighting fixtures and switches or out buildings.
Light
37. (1) Light shall be available at all times in every stairway, corridor, hall,
storage room and service room in a building.
(2) The average level of light in corridors and stairways shall be at least 50 Ix
at floor or tread level.
Egress
38. (1) Every building shall have a means of egress so as to provide a safe,
continuous and unobstructed exit from the interior of the building to the exterior at
street or grade level.
Page 18
(2) Every means of egress shall be maintained in good repair and free of
obstructions which constitute a fire hazard.
Structural Standards
39. (1) Every foundation wall forming part of a building shall be maintained in
good repair and be structurally sound so as to prevent undue settlement of the
building.
(2) Every part of a building shall be maintained in a structurally sound
condition so as to be capable of sustaining safely its own weight and any normal
load to which it may be subjected.
(3) Materials which have been damaged or show evidence of rot or other
deterioration shall be repaired or replaced.
Division 4 - Additional Standards for Dwelling Units
Application
40. (t) This Division applies to all dwelling units in the Village.
(2) The requirements of this Division are in addition to the requirements of
Divisions 2 and 3.
Habitable Environment
41. Every dwelling unit shall provide a safe and sanitary environment for
the occupants in accordance with the requirements of this Division.
Potable Water Supply
Page 19
42. Every dwelling unit shall be supplied with hot and cold running water. The
drinking water must be potable.
Heating
43. (1) Every dwelling unit shall be equipped with adequate heating facilities
properly installed and maintained in safe and good working condition.
(2) Heating facilities shall be capable of maintaining an indoor temperature of
20 degrees Celsius when the outside temperature is minus 35 degrees Celsius.
The required temperature shall be taken at a height of 750 mm from the floor in
the centre of each occupied room.
(3) Portable room heaters shall not be used as a primary source of heat.
(4) Fuel-burning equipment shall be vented by means of rigid connections to a
chimney or flue which provides a sufficient outlet for the escape of all noxious
gases.
(5) Service rooms shall not be used for sleeping.
Sanitary Facilities
44. (1) Every dwelling unit shall be provided with:
(a)
a toilet;
(b)
a wash basin; and
(c)
a bathtub or shower.
(2) In every dwelling unit where sanitary facilities are shared:
Page 20
(a)
all occupants shall have convenient access to a bathroom, wash
basin and bathtub or shower;
(b)
all required facilities shall be located within the building so as to be
accessible from a common hall or passageway without going outside the building
or through another occupant's quarters;
(c)
all required facilities shall not be located more than one floor away
from the dwelling unit; and
(d)
the number of occupants sharing the use of a bathroom, wash
basin and bathtub or shower shall not exceed 10 persons.
(3) Bathtubs, showers or toilets shall not be located in any habitable room.
(4) The wash basin shall be in the same room as the toilet or in an accessible
adjoining room.
(5) AII bathrooms shall have mechanical or natural ventilation.
(6) AII bathrooms shall be fully enclosed and fitted with a door capable of
being locked from the inside in order to provide privacy for the occupant.
(7) Sewage shall be properly discharged into a private sewage system, and
shall not over flow as to create a biological hazard.
Ventilation
45. (1) Unless a satisfactory alternative means of ventilation is provided,
every habitable room shall have at least one window which can be easily
opened.
Page 21
(2) Where a system of mechanical ventilation is provided, it shall be designed
and installed in accordance with the current National Building Code of Canada.
(3) AII enclosed spaces within a dwelling unit shall:
(a)
be adequately ventilated;
(b)
have access of sufficient size to permit entry; and
(c)
be fitted with a door or panel to enclose the opening except when
the access opening is from the adjacent basement and provides ventilation to the
crawl space.
Electrical Facilities
46. (1) Every habitable room, other than a kitchen, shall have at least
one approved electrical outlet.
(2) Every kitchen shall have at least two approved electrical outlets. If a new
electrical outlet is installed within 1.8 metres of the kitchen sink, the new outlet
shall be of the Ground Fault Circuit Interrupter (GFCI) type.
(3) At least one lighting outlet with fixture shall be provided in every kitchen,
utility room, laundry room, dining room, bathroom, hallway, stairway, storage
room and service room. The fixture shall be permanently installed and shall be
maintained in good working order.
Kitchen Facilities
47. (1) Unless otherwise approved, every dwelling unit shall be equipped
with safe and adequate cooking facilities for the occupants.
Page 22
(2) A counter work surface at least 1500 mm long and 500 mm wide, including
the area occupied by the kitchen sink, shall be provided in the kitchen.
(3) A clearance of at least 750 mm shall be provided above the heating
elements of any cooking appliance.
Fire Safety Standards
48. (1) If more than one dwelling unit is located above the first floor, every
dwelling unit located on each floor above the first shall have access to a
second means of egress which shall not pass through a room in another
dwelling unit.
(2) Smoke alarms shall be installed in each dwelling unit in accordance with
the current National Fire Code of Canada.
(3) Smoke alarms shall be inspected, tested and maintained in accordance
with the current National Fire Code of Canada and be in accordance with RVCL
Fire Prevention Bylaw.
(4) Smoke alarms within dwelling units shall be installed between each
sleeping area and the remainder of the dwelling unit and, if the sleeping areas
are served by hallways, the smoke alarms shall be installed in the hallway.
(5) Smoke alarms shall be installed on or near the ceiling.
Division 5 - Basement and Attic Occupancies
Application
Page 23
49. (1) This Division applies to dwelling units in basements and attics.
(2) The requirements of this Division are in addition to the requirements of
Divisions 2, 3 and 4 of this Part.
Special Requirements for Basement and Attic Occupancies
50. Notwithstanding the other requirements of this Part, basement and attic
space shall not be used as a dwelling unit or habitable room unless it meets the
following requirements:
(a) access to every dwelling unit or habitable room shall be gained without
passage through a service room;
(b) every dwelling unit shall be separated from another dwelling unit (walls
and ceilings) by a fire separation having a fire-resistance rating of not less than
30 minutes;
(c) every service room shall be separated from all adjacent areas by a fire
separation having a fire-resistance rating of not less than 30 minutes (walls only).
Every service room shall have a solid core door complete with a latch and closer;
(d) an interior stairway, used for the purpose of exiting a dwelling unit, shall be
separated from the remainder of the building by a fire separation having a fire
resistance rating of not less than 30 minutes;
(e) every doorway providing egress from a dwelling unit to an exit or a means
of exit shall be equipped with a door and frame having a fire resistance rating of
not less than 20 minutes. (A 45 mm thick solid core door and 38 mm solid wood
casings are acceptable). The door shall be equipped with a latch and closer;
(f) the rise, run, tread depth, width and head room of stairs forming part of an
interior stairway used for the purpose of exiting a dwelling unit shall reasonably
conform to the current National Building Code of Canada, and the stairs shall
have a handrail installed on at least one side;
Page 24
(g) an exit corridor forming part of a means of egress from a dwelling unit
shall have a minimum ceiling height of 1.95 metres. Projections or obstructions
into an exit corridor shall not reduce the ceiling height to less than 1.80 metres;
(h) every room in a dwelling unit shall have a minimum ceiling height of 1.95
metres over not less than 75% of the room area. Projections or obstructions in
the room shall not reduce the ceiling height to less than 1.80 metres;
(i) smoke alarms in a dwelling unit shall be installed by permanent
connections to an electrical circuit and shall be located and maintained in
accordance with the current National Fire Code of Canada;
G) a smoke detector shall be installed in every service room, and shall be
wired so that the activation of the smoke detector will cause the smoke alarm in
the first storey dwelling unit to sound;
(k) every dwelling unit shall have at least two outside windows openable from
the inside without the use of tools or special knowledge. Every bedroom in a
dwelling unit shall have at least one openable window. Windows shall provide
unobstructed openings with areas not less than 0.35 square metres and with no
dimension less than 380 mm;
(I) a separate source for fresh combustion air shall be provided in every
service room.
Changes Required to First Storey Dwelling Unit
51. If basement or attic space is used as a dwelling unit or habitable room, a
dwelling unit on the first storey shall, in addition to the other standards prescribed
by this Part, meet the following additional requirements:
(a) every doorway providing egress from a first storey dwelling unit to an exit
or a means of exit shall be equipped with a door and frame having a fire
resistance rating of not less than 20 minutes. (A 45 mm thick solid core door
and 38 mm solid wood casings are acceptable). The door shall be equipped with
a latch and closer;
Page 25
(b) smoke alarms in the first storey dwelling unit shall be installed by
permanent connections to an electrical circuit and shall be located and
maintained in accordance with the current National Fire Code;
(c) smoke alarms in the first storey dwelling unit shall be wired so that the
activation of the smoke detector in the service room of the building will cause the
smoke alarms to sound.
Part IV - Enforcement, Offences and Penalties
Enforcement of Bylaw
52. (1) The administration and enforcement of this Bylaw is hereby delegated to
the Fire Chief for The Resort Village of Candle Lake.
(2) The Fire Chief for The Resort Village of Candle Lake is hereby authorized to
further delegate the administration and enforcement of this Bylaw to municipal
inspectors or Peace Officer.
Inspections
53. (1) The inspection of property by the Village to determine if this Bylaw is
being complied with is hereby authorized.
(2)
Inspections under this Bylaw shall be carried out in accordance with part
IV of the Fire Safety Act.
(3)
No person shall obstruct a bylaw inspector or Peace Officer who is
authorized to conduct a inspection under this section, or a person who is
assisting a bylaw inspector.
Page 26
Order to Remedy Contraventions
54. (1) If an inspector finds that a person is contravening this Bylaw, the inspector
may, by written order, require the owner or occupant of the property to which the
contravention relates to remedy the contravention.
(2)
Orders given under this Bylaw shall comply with part IV of The Fire Safety
Act. And The Municipalities Act.
(3)
Orders given under this Bylaw shall be served in accordance with part IV
of The Fire Safety Act. And The Municipalities Act.
Registration of Notice of Order
55. If an order is issued pursuant to section 54, the Village may, in accordance
with part IV of The Fire Safety Act and 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.
Appeal of Order to Remedy
56. (1) A person may appeal an order made pursuant to section 54
in accordance with part IV of The Fire Safety Act and The
Municipalites Act.
(2)
The Board shall consist of five members appointed by Council. A quorum
shall consist of three members.
Bylaw 09-2025
Bylaw 09-2025
Bylaw 09-2025
Bylaw 09-2025
Page 27
Village Remedying Contraventions
57. The Village may, take whatever actions or measures are necessary to
remedy a contravention of this Bylaw.
Civil Action to Recover Costs
58. The Village may, collect any unpaid expenses and costs incurred in
remedying a contravention of this Bylaw by civil action for debt in a court of
competent jurisdiction.
Adding Amounts to Tax Roll
59. The Village may, add any unpaid expenses and costs incurred by the Village
in remedying a contravention of this Bylaw to the taxes on the property on which
the work was done.
Emergencies
60. In the event that it becomes an emergency to remedy a contravention of
this Bylaw, the Village may take whatever actions or measures are necessary
to eliminate the emergency.
Offences
61. (1) No person shall:
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(a)
fail to comply with an order made pursuant to this Bylaw;
(b)
obstruct or hinder any municipal inspector or any other person acting
under the authority of this Bylaw; or
(c)
fail to comply with any other provision of this Bylaw.
(2)
Every person who contravenes any provision of subsection (1) is guilty of
an offence and liable on summary conviction:
(a)
in the case of an individual, to a fine of not more than $10,000;
(b)
in the case of a corporation, to a fine of not more than $25,000; and,
(c)
in the case of a continuing offence, to a maximum daily fine of not more
than $2,500 per day.
(3)
If an individual is convicted of an offence pursuant to this section, and if
the individual fails to pay the fine with respect to the conviction within the
prescribed time, the individual convicted may be imprisoned for a term of not
more than one year, unless the fine is paid sooner.
Minimum Penalty
61.1 Notwithstanding subsection 61(2), the minimum penalty that may
be prescribed on summary conviction shall be:
(a)
where a person contravenes any provision of this Bylaw for which a Notice
of Violation may be issued pursuant to section 61.2:
(i)
for a first offence, $250;
(ii)
for a second offence, $500; and
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(iii)
for a third or subsequent offence, $750; and
(b)
where a person fails to comply with an Order to Remedy
Contravention made pursuant to section 54 of this Bylaw:
(i)
for a first offence, $500;
(ii)
for a second offence, $750; and
(iii)
for a third or subsequent offence, $1,000.
Notice of Violation Offences
61.2 (1) Notwithstanding the generality of subsection 61(1), a
person contravenes this Bylaw by causing or permitting:
(a)
the land to be overgrown with grass or weeds;
(b)
the land or buildings on the land to become untidy and unsightly;
(c)
any junked vehicle to be kept on the lands; or
(d)
any dangerous open excavation to exist in or on the land or in or about
any building or structure.
(2)
The following procedure shall apply to contraventions of the Bylaw under
this section:
(a)
a municipal inspector may issue a notice of bylaw violation to any person
committing a contravention under subsection (1). The notice shall require the
person to pay to the Village the penalty set out below:
(i)
for a first contravention, $250;
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(ii)
for a second contravention, $500; and
(iii)
for a third contravention, $750;
(b)
the fine may be paid:
(i)
in person, during regular office hours, to the cashier located at Village
Office, Candle Lake, Saskatchewan;
(ii)
by mail addressed to the Village Office 320 Hwy. 265 Candle Lake
S0J3E0;
(c)
if payment of the fine as provided in clause (2)(a) is made prior to the date
when the person contravening the Bylaw is required to appear in court to answer
a charge, the person shall not be liable to prosecution for that offence;
(d)
the amount of the fine under sub-clause 2(a)(i) shall be discounted to the
sum of $200 for a first offence if paid within 14 calendar days of the date of the
notice of bylaw violation. The date of payment shall be determined as follows:
(i)
for payment in person, the date of the payment shall be the date payment
is received by the Village;
(ii)
for payment by mail, the date of payment shall be the post marked date on
the remittance.
Upon payment, the person contravening the Bylaw shall not be liable to
prosecution for that offence.
(3)
The provisions of subsection (2) shall not apply in the case of a fourth or
subsequent contravention.