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BYLAW NO. 685
Nuisance Abatement Bylaw
A BYLAW of the Town of Davidson, in the Province of
Saskatchewan, to provide for the abatement of nuisances
within the Town of Davidson.
THE COUNCIL FOR THE TOWN OF DAVIDSON IN THE PROVINCE OF
SASKATCHEWAN 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:
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 on employee or agent of the
Municipality appointed by Council to act as a municipal inspector
for the purposes of this Bylaw;
b)
"building" means a building within the meaning of The
Municipalities Act;
c)
"Municipality" means the Town of Davidson;
d)
"Council" means the Council of the Town of Davidson;
e)
"junked vehicle" means any automobile, tractor, truck, trailer or
other vehicle that
i)
either:
(1)
has no valid license plates attached to it; or
(2)
is in a rusted, wrecked, partly wrecked, dismantled,
partly dismantled, inoperative or abandoned condition;
and
ii)
is located on private land, but that:
(1)
is not within a structure erected in accordance with any
Bylaw respecting the erection of buildings and structures
in force within the Municipality; and
(2)
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:
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:
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)
junked vehicles; and
v)
untidy and unsightly property;
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.
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 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.
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 non-native, 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, 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 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.
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.
16.
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 Town of Davidson.
20.
The Administrator is hereby authorized to further delegate the
administration and enforcement of this Bylaw to the Assistant
Administrator.
Inspections
21.
The inspection of property by the Municipality to determine if the Bylaw is
being complied with is hereby authorized.
22.
Inspections under this Bylaw shall be carried out in accordance with
Section 362 of The Municipalities Act.
23.
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.
25.
Orders given under this Bylaw shall comply with Section 364 of The
Municipalities Act.
26.
Orders given under this Bylaw shall be served in accordance with Section
390(1)(a),(b) or (c) of The Municipalities Act.
Registration of Notice of Order
27.
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
28.
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.
30.
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 the 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;
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.
33.
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 indicated that the
Municipality will accept voluntary payment in the sum of fifty dollars
($50.00) to be paid to the Municipality within 14 days.
34.
Where the Municipality received 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.
35.
Payment of any Notice of Violation does not exempt the person from
enforcement of an order pursuant to Section 24 of this Bylaw.
36.
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, 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.
Coming Into Force
37.
This Bylaw shall come into force on the 1st day of January, 2006.
____________________________
Mayor
(S E A L)
____________________________
Administrator
Sections 8(1)(b) & 8(1)(d)The Municipalities Act
Read a third time and adopted
this ___ day of ______, 2005.