Nuisance Abatement Bylaw No. 2005-02 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot fd94c8ed0828 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

BYLAW ## Village of Caronport, Province of Saskatchewan Bylaw #: 2005-02 A Bylaw of the Village of Caronport in the Province of Saskatchewan, to provide for the abatement of nuisances within the Village of Caronport. The council of the Village of Caronport, in the Province of Saskatchewan, in open session, duly assembled, enacts 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: 2. (a) the safety, health or welfare of people in the neighbourhood; 3. (b) people's use and enjoyment of their property; or 4. the amenity of a neighbourhood. ## DEFINITIONS - In this bylaw, the following terms and words shall have the following meanings: - (a) the term "designated officer" means a member of the Caronport Police Service or an employee or agent of the Municipality appointed by Council to act as a municipal inspector for the purposes of this Bylaw; - (b) the term "building" means a building within the meaning of The Municipalities Act; - (c) the term "Municipality" means the Village of Caronport; - (d) the term "Council" means the Council of the Village of Caronport; - (e) the term "junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that - (i) either: - (1) has no valid license plates attached to it; or - (ii) is located on private land, but that: - (2) a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and   - 2 - ## Village of Caronport Bylaw #2005- 02 Cont'd - is not within a structure erected in accordance with any Bylaw respecting the erection of buildings and structures in force within the Municipality; and - does not form a part of a business enterprise lawfully being operated on that land; - (f) the term "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; - (ill) the amenity of a neighbourhood - (ii) people's use and enjoyment of their property; or ## and includes: - (i) a building in a ruinous or dilapidated state of repair; - (iii) land that is overgrown with grass and weeds; - (il) an unoccupied building that is damaged and is an imminent danger to public safety; - (iv) untidy and unsightly property; - (vi) open excavations on property; - (V) junked vehicles; and - (g) the term "occupant" means an occupant as defined in The Municipalities Act; - (h) the term "owner" means an owner as defined in The Municipalities Act; - (i) the term "property" means land or buildings or both; - the term "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 area. ## 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 - 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:   ## Village of Caronport Bylaw #2005- 02 Cont'd - is dangerous to the public health or safety; - is substantially detrimental to the amenities of the neighbourhood. - substantially depreciates the value of other land or improvements in the neighbourhood; or ## 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 - 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. for the purposes of this section, "overgrown" means in excess of 0.20 metres in height. 10. 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 managed and natural landscape other than regularly mown grass. ## UNTIDY AND UNSIGHTLY PROPERTY 11. Notwithstanding the generality of Section 5, no person shall cause or permit any land or buildings to become untidy and unsightly ## JUNKED VEHICLES 12. 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 13. 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. ## MAINTENANCE OF YARDS 14. Notwithstanding the generality of section5, no person shall cause or permit on any property owned by that person: - a) an infestation of rodents, vermin or insects; - c) any sharp or dangerous objects - b) any dead or hazardous trees; or   - 4 - ## Village of Caronport Bylaw #2005- 02 Cont'd ## OUTDOOR STORAGE OF MATERIALS 15. 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. 2. Materials referred to in Section 15 shall be elevated at least 0.15 metres off the ground and shall be stacked at least 3.0 metres from the exterior walls of any building and at least 1.0 metre from the property line. ## REFRIGERATORS AND FREEZERS 17. Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors removed. ## FENCES 18. Fences shall be maintained in a safe and reasonable state of repair. ## ENFORCEMENT OF BYLAW 19. The administration and enforcement of this Bylaw is hereby delegated to the Administrator for the Village of Caronport. 2. The Administrator of the Village of Caronport is hereby authorized to further delegate the administration and enforcement of this Bylaw to a designated officer. ## INSPECTIONS 21. The inspection of property by the Municipality to determine if this Bylaw is being complied with is hereby authorized. 2. Inspections under this Bylaw shall be carried out in accordance with Section 362 of The Municipalities Act. 3. 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 24. 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. 2. Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act. 3. Orders given under Bylaw shall be served in accordance with Section 390 (1) (a), (b) or (c) of The Municipalities Act.   ## Village of Caronport Bylaw #2005- 02 Cont'd ## REGISTRATION OF NOTICE OF ORDER - If an order is issued 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 - A person may appeal an order made pursuant to Section 24 in accordance with Section 365 of The Municipalities Act. ## Municipality Remedying Contraventions 29. 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. 2. 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 31. 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 32. No person shall: - a) fail to comply with an order made pursuant to this Bylaw; 3. fail to comply with any other provision of this bylaw 4. obstruct or interfere with any Designated Officer or any other person acting under the authority of this Bylaw; or 5. Every person who contravenes any provision of Section 31 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; - C) in the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day. 8. in the case of a corporation, to a fine of not more than $25,000; and  - 6 - ## Village of Caronport Bylaw #2005- 02 Cont'd ## COMING INTO FORCE 34. This Bylaw # 2005-02 comes into force and effect on January 1, 2006.       Village of Caronport SASKATCHE WANN Dwight Kroeker, Mayor Roller. Wayne Phillips, Administrator Read a third time and adopted by The council of the Village of Caronport On the 15" day of December 2005. Certified a true copy of Bylaw #2004-01 adopted by The Village of Caron 00. \_Day of PALOnDe 2005. VILLAGE OF cal scal SASKATCHEMAN Administrator  The municipal response time to allegations of nuisance may be improved where the designated officer has complete authority to act.