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BYLAW NO. 2020-016
TOWN OF CHURCHBRIDGE
Nuisance Abatement Bylaw
A BYLAW of the Town of Churchbridge in the Province of Saskatchewan, to provide for the
abatement of nuisances within the Town of Churchbridge.
THE COUNCIL FOR THE TOWN OF CHURCHBRIDGE IN THE PROVINCE OF SASKATCHEWAN
ENACTS AS FOLLOWS:
1. SHORT TITLE
This Bylaw may be cited as The Nuisance Abatement Bylaw.
2. PURPOSE
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
- the amenity of a neighborhood.
3. DEFINITIONS
3.1
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;
3.2
Building
Means a building as defined in The Municipalities Act;
3.3
Municipality
Means the Town of Churchbridge;
3.4
Council
Means the Council of the Town of Churchbridge;
3.5
Junked Vehicle
Means any automobile, tractor, truck, trailer or other vehicles that:
i) either:
-has no valid license plates attached to it; or
-is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled,
inoperative or abandoned condition;
and
ii)
is located on private land, but that:
-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;
3.6
Nuisance
Means a condition of property, or thing, or an activity that adversely affects or may
adversely affect:
- the safety, health or welfare of people in the neighborhood;
- people's use and enjoyment of their property; or
- the amenity of a neighborhood
and includes:
- a building in a ruinous or dilapidated state of repair;
- an unoccupied building that is damaged and is an imminent danger to public safety;
- land that is overgrown with grass and weeds;
- untidy or unsightly property;
- junked vehicles; and
- open excavations on property;
3.7
Occupant
Means an occupant as defined in The Municipalities Act;
3.8
Owner
Means an owner as defined in The Municipalities Act;
3.9
Property
Means land or buildings or both;
3.10
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
ground or soil; but not including pavements, curbs, walks or open air surfaced areas.
4.
Responsibility
Unless otherwise specified, the owner of the property, including land, buildings and
structures, shall be responsible for carrying out the provision 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:
- is dangerous to the public health or safety;
- substantially depreciates the value of other land or improvements in the neighborhood;
- 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 the public.
8.
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.
For the purposes of this section, "overgrown" means in excess of .20m (7.9") in height.
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.
9.
Untidy and Unsightly Property
Notwithstanding the generality of Section 5, no person shall cause or permit any land or
buildings to become untidy or 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
Notwithstanding the generality of Section 5, no person shall cause or permit on any
property owned by that person:
-
an infestation of rodents, vermin or insects
-
any dead or hazardous trees
-
any sharp or dangerous objects.
13.
Outdoor Storage of Materials
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 of rodents, vermin and insects.
Materials shall be elevated at least .15m (5.9") off the ground and shall be stacked at least 3
m (9.84') from exterior walls of any building and at least 1m (3.28') from the property line.
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.
Exemptions
The provisions of this Bylaw shall not apply to:
The Churchbridge Fire Department. The Fire Department shall posses a maximum of five
junked vehicles on site at the Churchbridge Fire Hall specifically for training purposes.
17.
Enforcement of Bylaw
The administration and enforcement of this Bylaw is hereby delegated to a Designated
Officer.
18.
Inspections
The inspection, of property, by the Municipality to determine if this Bylaw is being complied
with, is hereby authorized.
Inspections under this Bylaw shall be carried out in accordance with Section 362 of The
Municipalities Act.
No person shall obstruct a Designated Officer who is authorized to conduct an inspection
under this section, or person who is assisting a Designated Officer.
19.
Order to Remedy Contraventions
If a Designated Officer finds that a person is contravening this Bylaw, the Designated Officer
may, by written order, as per Schedule A, require the owner or occupant of the property to
which the contravention relates to remedy the contravention.
Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act.
Orders given under this Bylaw shall be served in accordance with Section 390 of The
Municipalities Act.
20.
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.
21.
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. The appeal must be made within fifteen (15) days of issue date of
order.
22.
Municipality Remedying Contraventions
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.
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. See Schedule B & C
23.
Recovery of Unpaid Expenses and Costs
Any unpaid expenses and costs incurred by the Municipality in remedying a contravention
of this Bylaw may be recovered either;
-
by civil action for debt in a court of competent jurisdiction in accordance with Section
368 of The Municipalities Act
-
by adding the amount to the taxes of the property on which the work is done in
accordance with Section 369 of The Municipalities Act.
24.
Offences
No person shall:
-
fail to comply with an order made pursuant to this Bylaw;
-
obstruct or interfere with any Designated Officer or any other person acting
under the authority of this Bylaw; or
-
fail to comply with any other provision of this Bylaw.
25.
Penalties
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 as per Schedule D,
which Notice of Violation shall indicate that the Municipality will accept voluntary payment
in the sum of two hundred and fifty dollars ($250.00) to be paid to the Municipality within
seven (7) days.
Where the Municipality receives voluntary payment of the amount prescribed above within
the time specified, the person receiving the Notice of Violation shall not be liable to
prosecution for the alleged contravention.
Payment of any Notice of Violation does not exempt the person from enforcement of an
order pursuant to Section 18 of this Bylaw.
Every person who contravenes any provision of this Bylaw is guilty of an offence and liable
on summary conviction:
-
in case of an individual, to a fine of not more than $10,000;
-
in the case of a corporation, to a fine of not more than $20,000;
-
in the case of a continuing offence, to a maximum daily fine of not more than
$2,500 per day.
26.
Coming into Force
This Bylaw shall come into force on the day of its final reading and will repeal Bylaw
2015-008.
_____________________________
_______________________________
Administrator
Mayor
Certified a true copy of Bylaw 2020-016
Date Carried on ______________
Resolution_____________
_____________________Administrator
[SEAL]
Bylaw 2020-016
Nuisance Abatement Bylaw
Schedule A: Order to Remedy
NAME:_____________________________________________
ADDRESS:____________________________________________________________
___________________________________________________________________
Lot Block Plan:________________________________________
CIVIC ADDRESS:_____________________________________
NOTICE OF VIOLATION
TAKE NOTICE THAT in accordance with Section_______of Bylaw 2020-016 (the
Nuisance Abatement Bylaw) the property described above has been inspected by
the Designated Officer of the Town Of Churchbridge on ________________,20___.
THAT as a result of the above inspection, the ____________________ described as
________________________________________________________ located at
_____________________________________________on the land described above
is hereby declared a nuisance because:
AND THAT the records of The Town Of Churchbridge show that you are the owner
or occupant of the property described above.
ORDER TO REMEDY
Under authority provided by Section_______of Bylaw 2020-016 you are hereby
ordered to remedy the above violation on or before _________________________
by:
The remedial action noted above is to be completed no later than _________,20__.
RIGHT TO APPEAL
TAKE NOTICE THAT you are provided the right to appeal this Order; and
THAT the appeal may be filed with: Town Administrator, Box 256 Town of
Churchbridge, Saskatchewan S0A 0M0, no later than 15 days from the date of this
Order.
TAKE FURTHER NOTICE THAT a hearing to consider your appeal will be held as
follows:
TIME / DATE: ______________________________
PLACE: ______________________________
FAILURE TO COMPLY WITH THE ORDER
TAKE NOTICE THAT if you fail to remedy this contravention by the date set forth
above or fail to file an appeal as stated above, the Town Of Churchbridge will
proceed to undertake action to remedy the contravention; and
THAT all costs, less any amount received by the Town Of Churchbridge from selling
or otherwise disposing of property may be added to, and thereby forms part of, the
takes on the property.
Dated at Churchbridge,
in the Province of Saskatchewan,
this___________day of_______________, 20___.
________________________________________
Designated Officer
Bylaw 2020-016
Nuisance Abatement Bylaw
Schedule B: Order to take Emergency Action
NAME:_____________________________________________
ADDRESS:____________________________________________________________
____________________________________________________________________
Lot Block Plan:________________________________________
CIVIC ADDRESS:_____________________________________
DECLARATION OF IMMINENT DANGER
TAKE NOTICE THAT in with accordance with Section___________of Bylaw 2020-016
(the Nuisance Abatement Bylaw), on________________ the Town of Churchbridge
has declared the building (or other structure or thing)
__________________________________________________located on the
property described above to
- be an imminent danger to public safety.
- Pose a risk of causing serious harm to other property because of:
-
ORDER TO TAKE EMERGENCY ACTION
TAKE NOTICE THAT the records of the Town of Churchbridge show that you are the
owner / occupant of the property described above;
AND THAT under authority provided by Section ______________ of Bylaw 2020-016
you are hereby ordered to remedy the above condition by:
The emergency action noted above is to be completed no later than
______________, 20___.
FAILURE TO COMPLY WITH THE ORDER
TAKE NOTICE THAT if you fail to comply with this order, the Town of Churchbridge
will proceed to undertake the work;
AND THAT all costs, less and amount received by the Town of Churchbridge from
selling or otherwise disposing of property may be added to, and thereby forms part
of, the taxes on the property.
APPEAL
TAKE NOTICE THAT you are invited to attend the meeting of the Council of the Town
of Churchbridge to be held on
_______________________________________________________ to make
representations with respect to the need for this action or the intent of charging the
cost of the emergency action against the said property.
Dated at Churchbridge,
in the Province of Saskatchewan,
this___________day of_______________, 20___.
________________________________________
Designated Officer
Bylaw 2020-016
Nuisance Abatement Bylaw
Schedule C: Notice of Emergency Action Taken
NAME:_____________________________________________
ADDRESS:____________________________________________________________
____________________________________________________________________
Lot Block Plan:________________________________________
CIVIC ADDRESS:_____________________________________
DECLARATION OF IMMINENT DANGER
TAKE NOTICE THAT in with accordance with Section___________of Bylaw 2020-016
(the Nuisance Abatement Bylaw), on____________, 20____ the Town of
Churchbridge has declared the building (or other structure or thing)
__________________________________________________located on the
property described above to
- be an imminent danger to public safety.
- Pose a risk of causing serious harm to other property because of:
-
ACTION TAKEN
TAKE NOTICE THAT Town of Churchbridge has taken the following actions:
COSTS
TAKE NOTICE THAT the records of the Town of Churchbridge show that you are the
owner of the property described above;
AND THAT the Town of Churchbridge intends to recover from you the costs of the
above actions, specifically:
Dated at Churchbridge,
in the Province of Saskatchewan,
this___________day of_______________, 20___.
________________________________________
Designated Officer
Bylaw 2020-016
Nuisance Abatement Bylaw
Schedule D: Notice of Violation
NAME:_____________________________________________
ADDRESS:____________________________________________________________
____________________________________________________________________
Lot Block Plan:________________________________________
CIVIC ADDRESS:_____________________________________
NOTICE OF VIOLATION
TAKE NOTICE THAT the records of the Town of Churchbridge (the municipality)
show that you are the owner / occupant of the property described above;
AND THAT the Town of Churchbridge has reason to believe that on or about the
_________day of _________, 20__ you did or you did allow the following:
in contravention of Section________ of Bylaw 2020-016 (the Nuisance Abatement
Bylaw) to occur on the above described property.
PENALTY
TAKE NOTICE THAT Section________ of Bylaw 2020-016 states that every person
who contravenes a provision of this Bylaw is guilty of an offence and is liable on
summary conviction to the following penalty:
-
VOLUNTARY PAYMENT
TAKE NOTICE THAT the Town of Churchbridge will accept a voluntary payment in
the amount of two hundred and fifty dollars ($250.00).
AND THAT upon receipt of the above voluntary payment within seven (7) days of
the date of this Notice of Violation, a person shall not be liable to prosecute for the
alleged contravention.
SUMMONS
TAKE NOTICE THAT failure to remit the voluntary payment to the Town of
Churchbridge within seven (7) days will result in the issuance of a Summons.
Dated at Churchbridge,
in the Province of Saskatchewan,
this___________day of_______________, 20___.
________________________________________
Designated Officer