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Bylaw No. 2014-13, Nuisance Abatement Bylaw
Page 1
TOWN OF CARLYLE
BYLAW NO. 2014-13
A BYLAW OF THE TOWN OF CARLYLE, IN THE PROVINCE OF SASKATCHEWAN, TO
PROVIDE FOR THE ABATEMENT OF NUISANCES WITHIN THE TOWN OF CARLYLE
The Council of the Town of Carlyle, in the Province of Saskatchewan, enact as follows:
Short Title
1. This Bylaw may be cited as The Nuisance Abatement Bylaw.
Purpose
2. The purpose of this Bylaw is to provide for the abatement of nuisances, including
property, activities, or things that adversely affect:
a)
The safety, health or welfare of people in the neighbourhood;
b)
People's use and enjoyment of their property; or
c)
The amenity of a neighbourhood.
Definitions
3. In this Bylaw:
a) "Designated Officer" means an employee or agent of the Municipality appointed by
Council to act as a municipal inspector for the purpose of this Bylaw;
b) "Building" means a building within the meaning of The Municipalities Act;
c) "Municipality" means the Town of Carlyle;
d) "Council" means the Council of the Town of Carlyle;
e) "Junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that is
in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or
abandoned condition; and is located on private land, but that:
i.
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. does not form a part of a business enterprise lawfully being operated on that
land;
f)
"Nuisance" means a condition of property, or a thing, or an activity, that adversely
affects or may adversely affect:
a. The safety, health, or welfare of people in the neighbourhood;
b. People's use and enjoyment of their property; or
c. The amenity of the neighbourhood; and includes
i. A building in a ruinous or dilapidated state of repair;
ii. An unoccupied building that is damaged and is an imminent danger
to public safety;
iii. Land that is overgrown with grass and weeds;
iv. Untidy and unsightly property;
v. Junked vehicles; and
vi. Open excavations on property.
g) "Occupant" means an occupant as defined in The Municipalities Act.
h) "Owner" means an owner as defined in The Municipalities Act.
i)
"Property" means land or buildings or both.
j)
"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.
Bylaw No. 2014-13, Nuisance Abatement Bylaw
Page 2
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.
Nuisance Prohibited Generally
5. No person shall cause or permit a nuisance to occur 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;
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 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 the land to be overgrown with grass or weeds.
9. No owner or occupant of land shall cause or permit any adjoining boulevards or lanes to
be overgrown with grass or weeds.
10. For the purpose of this section, "overgrown" means in excess of .20 meters in height.
11. 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.
12. 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
13. Notwithstanding the generality of Section 5, no person shall cause or permit any land or
buildings to become untidy or 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.
14. After having been served with an order respecting untidy and unsightly property under
this section, no person shall permit or allow lands described in that order to become
untidy or unsightly again.
Junked Vehicles
15. 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.
16. After having been served with an order respecting a junked vehicle under this section, no
person shall permit or allow a junked vehicle on lands described in that order again.
Open Excavations
17. Notwithstanding the generality of Section 5, no person shall cause or permit any
basement, excavation, drain, ditch, watercourse, pond, surface water, swimming pool, or
Bylaw No. 2014-13, Nuisance Abatement Bylaw
Page 3
other structure to exist in or on any private land or in or about any building or structure
which is dangerous to public safety or health.
Pet Wastes
18. Pet wastes shall be promptly removed from properties, and disposed of in an acceptable
fashion. Pet wastes shall not be allowed to accumulate in an unreasonable fashion.
Maintenance of Yards and Accessory Buildings
19. This section applies to all accessory buildings and yards with the Town.
20. Notwithstanding the generality of Section 5, no person shall cause or permit on any
property owned by that person:
a)
An infestation of rodents, vermin or insects;
b)
Any dead or hazardous trees; or
c)
Any sharp or dangerous objects.
21. A yard shall be kept free and clean from:
a)
Garbage and junk;
b)
Junked vehicles and dismantled machinery;
c)
Excessive growth of weeds or grass;
d)
Holes and excavations that could cause an accident;
22. A yard shall be graded in such a manner so as to prevent:
a)
Excessive pooling of water; and
b)
Excessive dampness accumulating near buildings or structures.
23. 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.
24. Every building shall be provided with a sufficient number of receptacles to contain all
waste in accordance with the provisions of the Town of Carlyle Refuse Bylaw.
25. Accessory buildings shall be kept:
a)
In good repair;
b)
Free of infestation by rodents, vermin and insects; and
c)
Free of health, fire and safety hazards.
Property Maintenance
26. 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;
and
c)
Keep any supplied fixtures clean and sanitary and exercise reasonable care in their
proper use and operation.
Outdoor Storage of Materials
27. 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.
28. Materials referred to in Section 15 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 meters from the property line.
Refrigerators and Freezers
29. Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or
doors removed.
Fences
30. Fences shall be maintained in a safe and reasonable state of repair.
Bylaw No. 2014-13, Nuisance Abatement Bylaw
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Enforcement of Bylaw
31. The administration and enforcement of this Bylaw is hereby delegated to the Chief
Administrative Officer of the Town of Carlyle.
32. The Chief Administrative Officer of the Town of Carlyle is hereby authorized to further
delegate the administration and enforcement of this Bylaw to another employee of the
Town as he/she sees fit.
Inspections
33. The inspection of property by the Municipality to determine if this Bylaw is being complied
with is hereby authorized.
34. Inspections under this Bylaw shall be carried out in accordance with Section 362 of The
Municipalities Act.
35. 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.
Order to Remedy Contraventions
36. 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.
37. Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act.
38. Orders given under this Bylaw shall be serviced in accordance with Section 390(1)(a),
(b), or (c) of The Municipalities Act.
Registration of Notice of Order
39. If an order is used pursuant to Section 24, 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.
Appeal of Order to Remedy
40. A person may appeal an order made pursuant to Section 24 in accordance with Section
365 of The Municipalities Act.
Municipality Remedying Contraventions
41. 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.
42. 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.
Recovery of Unpaid Expenses and Costs
43. 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 Municipalities 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 Municipalities Act.
Offences and Penalties
44. 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 this Bylaw; or
c)
Fail to comply with any other provision of this Bylaw.
45. 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
Bylaw No. 2014-13, Nuisance Abatement Bylaw
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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.
46. Where the Municipality receives voluntary payment of the amount prescribed under
Section 33 within the specified time, the person receiving the Notice of Violation shall not
be liable to prosecution for the alleged contravention.
47. Payment of any Notice of Violation does not exempt the person from enforcement of an
order pursuant to Section 24 of this Bylaw.
48. Every person who contravenes any provision of Section 32 is guilty of an offence and
liable on summary conviction:
a)
In the case of an individual, to a fine of not more than $10,000.00;
b)
In the case of a corporation, to a fine of not more than $25,000.00; and
c)
In the case of a continuing offence, to a maximum daily fine of not more than
$2,500.00 per day.
Repeal of Former Bylaws
49. Bylaw No. 2708 and all amendments thereto are hereby repealed.
Coming into Force
50. This Bylaw shall come into force and take effect on the day of its final passing.
__________________________
Mayor
S E A L
__________________________
Administrator