Nuisance Abatement and Property Standards Bylaw 24-05 — full text

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TOWN OF CANORA Bylaw No. 24-05 NUISANCE ABATEMENT AND PROPERTY STANDARDS BYLAW A BYLAW of the Town of Canora, in the Province of Saskatchewan, to provide for the abatement of nuisances and the authority to deal with property maintenance, conditions and nuisances within the Town of Canora The Council of the Town of Canora in the Province of Saskatchewan enacts as follows: Short Title 1. This Bylaw may be cited as The Nuisance Abatement and Property Standards Bylaw. Purpose 2. The purpose of this Bylaw is to provide for minimum maintenance standards of a property; to address property that fails to meet minimum property standards; to maintain the amenity of a property, and the abatement of nuisances, activities or things that adversely affect: a) the safety, health or welfare of people in the neighbourhood; b) the people's use and enjoyment of their property; or c) the amenity of a neighbourhood; or d) the minimum property standards. Definitions 3. In this Bylaw: a) "Act" means The Municipalities Act; b) "Building" means a building within the meaning of The Municipalities Act; c) "Chief Administrative Officer" means the Administrator of the Municipality; d) "Council" means the Council of the Town of Canora; e) "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 and shall include the Chief Administrative Officer; f) "Graffiti" means any drawings, inscription, writing or other mark that disfigures or defaces any building, accessory building, fence or other structure, however made, or otherwise affixed g) "Heavy equipment" means any vehicle, trailer, machinery or equipment specifically designed to execute construction tasks, haul equipment, perform earthwork operations or other construction tasks and includes attachments for such equipment. h) "Junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that: i) either: a) has no valid license plates attached to it; or b) is inoperative, or inoperable, or cannot be moved by its own power at the request of a Designated Officer; or c) is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and ii) is located on private land, but that: a) is not completely screened from view or enclosed within a structure erected in accordance with any Bylaw respecting the erection of buildings and structures in force within the Municipality; and b) does not form a part of a business respecting a garage, salvage yard, junk yard or other enterprise lawfully being operated on that land; i) "Municipality" means the Town of Canora; j) "Nuisance" means a condition of property, or a thing, or an activity, that adversely affects or may adversely affect: i) the safety, health or welfare of people in the neighbourhood; ii) people's use and enjoyment of their property; or iii) the amenity of a neighbourhood, and includes: a) a building in a ruinous or dilapidated state of repair b) an unoccupied building that is damaged and is an imminent danger to public safety; c) land that is overgrown with grass and weeds; d) untidy and unsightly property; e) junked vehicles; and f) open excavations on property; k) "Occupant" means an occupant as defined in The Municipalities Act; l) "Owner" means an owner as defined in The Municipalities Act; m) "Parking pad" means a gravelled or concrete or paved area or an area constructed of similar material, on a property, intended for parking a vehicle. n) "Property" means land or buildings or both; o) "RV" means a vehicle, trailer or watercraft that can be towed, hauled or carried on a vehicle or trailer. This includes a motorhome, travel trailer, fifth- wheel trailer, tent trailer, truck camper, boat, canoe, kayak, snowmobile, all- terrain vehicle, personal watercraft or other similar vehicle. p) "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. 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. Nuisances Prohibited Generally 5. No person shall cause or permit a nuisance to occur on any property owned or occupied 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; b) substantially depreciates the value of other land or improvements in the neighbourhood; or c) is substantially detrimental to the amenities of the neighbourhood. 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 or shall become an imminent danger to public safety. Overgrown Grass and Weeds 8. Notwithstanding the generality of Section 5, no owner or occupant of land shall cause or permit: a) the land to be overgrown with grass or weeds. b) any adjoining boulevards or lanes to be overgrown with grass or weeds. c) for the purposes of this section, "overgrown" means in excess of 20 centimetres in height. d) 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. e) trees, flowers, shrubs, or other foliage or fauna to encroach onto any public property or right of way. Untidy and Unsightly Property 9. Notwithstanding the generality of Section 5, no owner or occupant of a property shall cause or permit: a) any land or buildings to become untidy and unsightly. b) Any adjoining boulevards or lanes to become untidy and unsightly. c) graffiti to remain on any building, accessory building, fence, or on any property. Vehicles and equipment 10. Notwithstanding the generality of Section 5, no person shall cause or permit any junked vehicle to be kept on any land owned or occupied by that person. 11. Notwithstanding the requirements of Section 10, up to two (2) unlicensed vehicles may be stored in the rear yard of any individual property if fitted with an approved vehicle cover or stored in accordance with Section 3(g). The suitability of any vehicle cover is at the discretion of the Designated Officer. 12. No person shall park a vehicle or RV in the front or side yard of any residential property unless it is on a driveway or parking pad. In the case of a corner site, this shall apply to both yards that are facing the abutting street. 13. RVs parked on a driveway or parking pad, must be located at least one (1) metre from the sidewalk or one (1) metre from the curb, where there is no sidewalk 14. No person shall park any farm equipment, commercial or heavy equipment in a front or side yard of any residential property. Open Excavations 15. 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 structures to exist in or on any private land or in or about any building or structure which is dangerous to public safety or health. General Duty to Maintain 16. All property, including land, buildings and structures, shall be maintained in accordance with the minimum standards prescribed in this bylaw. 17. 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. Maintenance of Yards 18. Notwithstanding the generality of Section 5, no person shall cause or permit on any property owned or occupied by that person: a) an infestation of rodents, vermin or insects; b) any dead or hazardous trees; or c) any sharp or dangerous objects. Outdoor Storage of Materials 19. 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 and insects. 20. Materials referred to in Section 20 shall be elevated at least 15 centimetres off the ground and shall be stacked at least 3.0 metres from the exterior walls of any buildings and a least 1.0 metre from the property line. 21. No person shall stockpile soil, gravel or similar material on any residential property. Building Condition 22. The components of every building, including roofs, stairs, railings, porches, decks, joists, rafters, beams, columns, foundations, floors, walls and ceilings shall be maintained in reasonable state of repair, and shall be capable of performing the function that they were intended to perform. 23. Every foundation forming part of a building shall be maintained in reasonable state of repair and be structurally sound to prevent undue settlement of the building and to not allow the ingress of water through cracks or other damage. 24. All exterior surfaces of a building shall be made of materials which provide adequate protection from the weather. 25. Exterior walls shall be covered with an application of paint, stain, stucco, brick, stone facing, siding or other similar protective surface to protect the walls from deterioration due to moisture penetration. 26. 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. Any repairs must be in keeping with the existing exterior finishes of the building. 27. All exterior surfaces shall be free of graffiti. 28. A roof, including the shingles, fascia boards, soffit, cornice and flashing shall be neatly finished and watertight so as to prevent deterioration or leakage of water into the building. 29. 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 or injury to persons near the building. 30. Eavestroughs and downspouts shall be watertight and in good repair. 31. Water running off a roof shall be carried away from the building so as to not cause dampness in the walls, ceilings or floors in a building but it shall not drain onto a public street or lane so as to create a hazardous condition or onto any adjacent property so as to damage that property. 32. Antennas and any attachments of similar character shall be securely attached to the building and shall be maintained in reasonable state of repair, free of hazards. 33. Exterior doors and windows shall be kept in a reasonable state of repair, and shall be weather-tight so as to perform their intended function. 34. Stairs, porches, decks and railings shall be installed and kept in good repair free of components that are broken, loose, rotted or warped. 35. A handrail or guardrail shall be installed on exterior stairs, decks, landings, balconies, mezzanines and raised walkways as per the requirements of the current adopted edition of the National Building Code of Canada and any amendments thereto. 36. All buildings shall be maintained to prevent the entry of vermin, rodents, and insects and shall be kept free of the infestation of vermin and rodents at all times. 37. All principal buildings shall display the number corresponding with their civic address. Refrigerators and Freezers 38. Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors removed. Fences 39. Fences shall be maintained in a safe and reasonable state of repair and free of graffiti. Enforcement of Bylaw 40. The administration and enforcement of this Bylaw is hereby delegated to the Chief Administrative Officer for the Town of Canora. 41. The Chief Administrative Officer is hereby authorized to further delegate the administration and enforcement of this Bylaw to another employee of the Town of Canora. Inspections 42. The inspection of property by the Municipality to determine if this Bylaw is being complied with is hereby authorized. 43. Inspections under this Bylaw shall be carried out in accordance with Section 362 of the Act. 44. 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. 45. A Designated Officer may request that the owner or occupant supply confirmation of a condition, a thing or an activity by providing a certificate, letter or any other documentation from an expert in a field related to the condition, thing or activity. Order to Remedy Contraventions 46. 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. 47. Orders given under the Bylaw shall comply with Section 364 of the Act. 48. Orders given under Bylaw shall be served in accordance with Section 390 of the Act. 49. In addition to any provision of this Bylaw, a Designated Officer may post a Notice or placard at any property not complying with the conditions of this Bylaw. Registration of Notice of Order 50. If an order is issued pursuant to Section 42, the Municipality may, in accordance with Section 364 of the 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 51. A person may appeal an order made pursuant to Section 42 in accordance with Section 365 of the Act. Municipality Remedying Contraventions 52. The Municipality may, in accordance with Section 366 of the Act, take whatever actions or measures are necessary to remedy a contravention of this Bylaw. 53. In an emergency, the Municipality may take whatever actions or measures are necessary to eliminate the emergency in accordance with the provision of Section 367 of the Act. Recovery of Unpaid Expenses and Costs 54. Any unpaid expenses and costs incurred by the Municipality in remedying a contravention of this Bylaw may be recovered either: a) by civil action for debt in a court of competent jurisdiction in accordance with Section 368 of the Act; or b) by adding the amount to the taxes on the property on which the work is done in accordance with Section 369 of the Act. 55. In addition to any actual cost associated for remedying a contravention of this Bylaw or the Act, the Chief Administrative Officer may, in addition to that cost, levy a fee of $100 or 10 per cent of the cost, whichever is greater. Offences and Penalties 56. No person shall: a) fail to comply with an Order made pursuant to this Bylaw; b) obstruct or interfere with any Designated Officer or any other person acting under the authority of the Bylaw; or c) fail to provide a Designated Officer a certificate, letter or any other documentation, information or instrument when requested to do so by a Designated Officer within the prescribed time; or d) fail to comply with any provision of this Bylaw. 57. No person other than a Designated Officer shall remove, deface, alter or destroy any Order or Notice posted at a property issued pursuant to this Bylaw. 58. 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 $500 to be paid to the Municipality within 10 days. 59. Where the Municipality receives voluntary payment of the amount prescribed under Section 32 within the time specified, the person receiving the Notice of Violation shall not be liable to prosecution for the alleged contravention. 60. Payment of any Notice of Violation does not exempt the person from enforcement of an order pursuant to Section 42 of this Bylaw. 61. Every person who contravenes any provision of Section 52 of this Bylaw 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. Severability 62. In the event that any portion of this Bylaw is declared to be ultra vires by a Court of competent jurisdiction, then such portion shall be deemed to be severed from the Bylaw to that extent and the remainder of the Bylaw shall continue in force and effect. Compliance with Other Statues and Bylaws 63. This Bylaw is not intended to relieve any person from complying with any other statute, regulation or bylaw relating to building construction and repair, fire safety or public health. Repeal of Bylaw 64. Bylaw No. 20-03 is hereby repealed. Coming into Force 65. This Bylaw shall come into force on the day of its final passing. __________________________ Mayor __________________________ Chief Administrative Officer Introduced and read a first time the 23rd day of April, 2024. Read a second and third time and adopted this 23rd day of April, 2024.