Property Maintenance and Nuisance Abatement Bylaw No. 10-2021 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 87ce5c8614a1 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF DELISLE ## BYLAW NO. 10-2021 ## A BYLAW TO REGULATE PROPERTY MAINTENANCE AND ABATE NUISANCES. The Council of the Town of Delisle in the Province of Saskatchewan enacts as follows: ## 1. Short Title This Bylaw may be cited as "The Maintenance and Occupancy of Property and Nuisance Abatement Bylaw". ## 2. Purpose The purpose of this Bylaw is to establish standards for the maintenance and occupancy of property, to ensure that such standards be maintained, and to provide for the abatement of nuisances, including property, activities or things that adversely affect: - (a) the safety, health and/or welfare of people in the neighborhood; - (c) the amenities of a neighborhood: and - (b) people's use and/or enjoyment of their property; - (d) the value of properties in the neighborhood. ## 3. Definitions In this Bylaw: - "building" means any structure of either metal or wood or a combination of both, used or occupied or intended for supporting or sheltering any use or occupancy that: - (i) is not in storage; - (iii) has at least four walls that support a roof; - (ii) is situated within the municipality for a period of more than 30 days; - (iv) has at least one lockable door; - (vi) is built according to building codes at the time of construction or renovation; and (vii) is not a sea container; - (v) has a floor and a foundation made of wood or concrete or a combination of both that is elevated to a level above the surrounding soil and/or terrain and is capable of discouraging vermin or other unwanted wildlife; - (b) "municipality" means the Town ofDelisle: - (c) "council" means the Council of the Town of Delisle; - (d) "dwelling unit" means a room or series of rooms of complementary use operated as a housekeeping unit, used or intended to be used as a domicile by one or more persons and usually containing cooking, eating, living, sleeping and sanitary facilities; - "graffiti" means any drawing, inscription, writing or other mark that disfigures or defaces any building, accessory building, fence or other structure, however made, or otherwise affixed; - (1) "designated person" means an employee or agent of the municipality appointed by the Council and/or the Administrator to act as a municipal inspector for the purposes of this Bylaw; - (g) "occupant" means an occupant as defined in The Municipalities Act; - (h) "owner" means an owner as defined in The Municipalities Act: - (1) "pre-existing condition" means a condition of a property or a thing that existed prior to the enactment of this Bylaw when it refers to the existing elevation of a property; - (i) "property" means land or buildings or both; - (k) "junked vehicle" means any automobile, tractor, truck, trailer, or other vehicle that: - (i) - (2) is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; or - has no valid license plate attached to it; or - (ii) is located on private land, but that: - (2) does not form a part of a business enterprise lawfully being operated on that land; - (1) is not within an acceptable structure; and - (1) "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: - (m) "town" means the Town of Delisle; - (11) "vermin" means rodents, insects, all noxious animals, birds or any destructive pests. - (0) "nuisance" means a condition of property, or a thing, or an activity, that adversely affects or may adversely affect: - il) people's use and enjoyment of their property; or - the safety, health or welfare of people in the neighborhood: - iii) the amenity of a neighborhood. and includes: - ii) Snow piles that could potentially cause drainage /sight line issues. - i) land that is overgrown with grass and weeds: and ## 4. Responsibility Unless otherwise specified, the owner of a property, including land, buildings, and structures, shall be responsible for carrying out the provisions 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: - (a) is dangerous to the public health or safety; - (c) is substantially detrimental to the amenities of the neighbourhood. - (b) substantially depreciates the value of other land or improvements in the neighbourhood; or ## 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 public safety. ## 8. Overgrown Grass aud 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 this section, "overgrown" means in excess of 0.20 metres (8 inches) 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. After having been served with an order under this section, no person shall permit or allow lands described in the order to become untidy again. ## 9. Untidy and Unsightly Property Notwithstanding the generality of section 5, no person shall cause or permit any land or buildings to become untidy and unsightly due to graffiti or the accumulation of new or used lumber, tree branches, cardboard, paper, newspapers, appliances, tires, cans, barrels, scrap metal or other waste materials or junk. Notwithstanding the generality of section 5, no person shall cause or permit any adjoining boulevards or lanes to become untidy and unsightly due to the accumulation of new or used items listed above. After having been served with an order under this section, no person shall permit or allow lands described in the order to become untidy again. ## 10. Junked Vehicles Notwithstanding the generality of section 5, no person shall cause or permit any junked vehicles (see k. in definitions) to be kept on any land owned by that person. 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. ## 11. Refrigerators and Freezers Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors removed or secured so as to not allow access into it. ## 12. Property Maintenance Duty to maintain. ## 14. - Materials referred to in subsection (a) shall be elevated at least 150 mm off the ground and shall be stacked at least 3 metres from the exterior walls of any building and at least 1 metre from the property line. - (b) 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: - (a) All property, including land, buildings, and structures, shall be maintained in accordance with the minimum standards prescribed in this section; - (c) Notwithstanding section 4, every occupant of a property, including land, buildings, and - keep in a clean and sanitary condition that part of the property which the occupant - (2) maintain exits to the exterior ofthe building in a safe and unobstructed condition; - keep any supplied fixtures clean and sanitary and exercise reasonable care in their proper use and operation. - dispose of garbage and refuse and keep the property free from rubbish and other debris which might constitute fire, health or safety hazards; and ## 13. Maintenance of Yards and Accessory Buildings This section applies to all accessory buildings and yards within the Town. - (a) All yards shall be kept free and clean from: - (1) garbage and junk; - (2) junked vehicles and dismantled machinery: - (3) excessive growth of weeds or grass; - (4) holes and excavations that could cause an accident; - (5) an infestation of rodents, vermin or insects; - (7) sharp or dangerous materials. - dead or hazardous trees; and - (b) All properties shall be graded in such a manner so as to prevent: - excessive ponding of water; and - (2) excessive dampness accumulating near buildings or structures. - 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 harbourage for rodents, vermin, and insects; and ## 15. 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. 16. Graffiti Notwithstanding the generality of Section 5, no person shall permit graffiti to remain on any building, accessory building, fence or on any other structure on property owned by that person. ## 17. Pet waste shall be promptly removed from properties and disposed of in an acceptable manner. Pet waste shall not be allowed to accumulate in an unreasonable manner. ## 18. Walkways, Driveways and Parking Spaces - Snow shall be removed by every commercial property owner from the sidewalk provided within twenty-four (24) hours after the same snowfall. If not, the town shall provide for and cause the same to be removed at the expense of the property owner. Failing payment to the Town of such removal by said occupant or owner, the expense shall be charged against the said property owner as a special assessment and shall be recoverable in like manner as other taxes; and - 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; - Ice bud the sidewalk mentioned above, that cannot be removed shall have an ice melting product applied to it to lessen the ice hazard ## 19. Waste Disposal Every building shall be provided with a sufficient number of receptacles to contain all waste in accordance with the provisions of the Town's Waste Management Bylaw. ## 20. Accessory Buildings - (a) Accessory buildings shall be kept: - (1) in good repair: - (3) free of health, fire and safety hazards: and - (2) free of infestation by rodents, vermin and insects; - (4) free of grafiiti. ## 21. - Fences that incorporate barbwire shall not be allowed in a residential area or adjoining residential property. - Accessory buildings shall be equipped with doors or closures and shall be kept secured so as to prevent unauthorized entry. - (a) Fences shall be maintained in a safe and reasonable state of repair, made of materials appropriate for the neighbourhood, built to the height and standards as prescribed in any Bylaw or Resolution for the Town, and free of graffiti; and ## 22. Building Standards (Exterior) This section applies to all buildings in the Town. ## (a) Building Components - The structural components of every building, including roofs, stairs, railings, porches, decks, joists, rafters, beams, columns, foundations, floors, walls and ceilings shall be maintained in a safe condition, and shall be capable of performing the function that they were intended to perform. - (b) Exterior Walls - (1) All exteriors on buildings must not be left open to the elements, water, wind and must be repaired within six (6) months of notice of infraction; - All exterior surfaces shall be made of materials which provide adequate protection from - (3) 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; and - All exterior surfaces shall be free of graffiti. - (c) Rools - (1) A roof, including the fascia board, soffit, cornice, and flashing shall be maintained in a condition so as to prevent deterioration or leakage of water into the building and to prevent the unwanted entry of birds, vermin, or other pests; and - (2) Water running off a roof shall be carried away from the building so as not to cause dampness in the walls, ceilings, or floors in the building but it shall not drain onto a public street so as to create a hazardous condition or onto any adjacent property so as to damage that property; - (d) Exterior Doors, Storm Doors, Egress Windows and Screens A door shall be provided at each entrance to a building and when closed it shall be reasonably tight fitting within its frame. - (e) Stairs, Porches, Decks and Railings - (1) Stairs, porches, decks, and railings shall be maintained in good repair so that no components are broken, loose, rotted or warped; and - (2) A handrail shall be installed on at least one side of all exterior stairs having more than three risers as outlined in the National Building Code. ## 23. Enforcement, Offences and Penalties The administration and enforcement of this Bylaw is hereby delegated to the Town Administrator for the Town of Delisle; - (a) The Administrator of the Town of Delisle is hereby authorized to further delegate the enforcement of this Bylaw to the Bylaw Enforcement Officer, the Fire Chief, Delisle and District Fire Department, Town Foreman /Assistant Foreman and the municipal building inspectors for the Town of Delisle. ## 24. - (b) Inspections under this Bylaw shall be carried out in accordance with section 362 of The Municipalities Act; and - The inspection of property by the Town to determine if this Bylaw is being complied with is hereby authorized: - No person shall obstruct a Bylaw Officer or other municipal inspector, who is authorized to conduct inspections under this section, or a person who is assisting a bylaw officer or municipal inspector. ## 25. Order to Remedy Contraventions - (b) Orders given under this Bylaw shall comply with section 364 of The Municipalities Act; - (a) If a bylaw officer or a municipal inspector finds that a person is contravening this Bylaw, that bylaw officer or municipal inspector may, by written order, require the owner or occupant of the property to which the contravention relates to remedy the contravention: - (c) Orders given under this Bylaw shall be served in accordance with section 390 of The Municipalities Act; and - (d) Emergencies - In the event that it becomes an emergency to remedy a contravention of this Bylaw; the Town may take whatever actions or measures are necessary to eliminate the emergency in accordance with the provisions of section 367 of The Municipalities Act. ## 26. Registration of Notice of Order If an order is issued pursuant to section 31, the Town 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. ## 27. Appeal of Order to Remedy - (b) Appeals shall be made to the Council for the Town of Delisle within 15 days of the date of the Order. - (a) A person may appeal an order made pursuant to section 3l in accordance with section 365 of The Municipalities Act; and ## 28. Town Remedying Contraventions - The Town may, in accordance with section 366 of The Municipalities Act, take whatever actions or measures are necessary to remedy a Contravention of this Bylaw. ## 29. Civil Action to Recover Costs The Town may, in accordance with section 368 of the Municipalities Act, collect any unpaid expenses and costs incurred in remedying a contravention of this Bylaw by civil action for debt in a court of competent jurisdiction. ## 30. Adding Amounts to Tax Roll The Town may, in accordance with section 369 of The Municipalities Act, add any unpaid expenses and costs incurred by the Town in remedying a contravention of this Bylaw to the taxes on the property on which the work was done. ## 31. Offences (a) No person shall: - (1) fail to comply with an order made pursuant to this Bylaw; - (3) fail to comply with any other provision of this Bylaw. - (2) obstruct or hinder any bylaw officer or municipal inspector or any other person acting under the authority of this Bylaw; or 4. (b) A person who fails to comply with an order made pursuant to Subsection (k) hereof within the period specified in the order, is guilty of an offence and liable on summary conviction to a fine of not more than $250.00 for each day during which failure continues, to imprisonment for a term of not more than 90 days or to both such fine and imprisonment. 5. (d) The Notice of Violation in Form A shall be in a form similar to that provided as Form A of this Bylaw and shall indicate thereon the section of the Bylaw which was contravened, the amount of penalty to be paid as provided in Schedule "A" of this Bylaw and that the town will accept voluntary payment. 6. (c) Where a bylaw enforcement officer or a peace officer believes that a person has contravened the provisions of this Bylaw, may by personal service, server or cause to be served upon such person a Notice of Violation in Form A as provided by this section. 7. (e) Where the Town receives voluntary payment within 10 days from the date of service, the voluntary payment amount shall be reduced by 50%. 8. (g) Payment of any Notice of Violation does not exempt the person from rectifying the original - (1) Upon production of the Notice of Violation issued pursuant to subsection (d) together with payment as indicated on the Notice of Violation to the person to whom the Notice of Violation was issued shall not be liable for prosecution for the contravention in respect of which the Notice of Violation was given. 10. (h) Every person who contravenes any provision of subsection (a) is guilty of an offence, and liable on summary conviction: - (1) in the case of an individual, to a fine of not more than $10,000: - (3) in the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day. - (2) in the case of a corporation. to a fine of not more than $25,000; and 14. (i) If an individual is convicted of an offence pursuant to this section, and ifthe individual fails to pay the fine with respect to the conviction within the prescribed time, the individual convicted may be imprisoned for a term of not more than 6 months, unless the fine is paid 15. This Bylaw may be enforced, and the contravention ofany provision ofthe Bylaw restrained, by any court on action brought by the Town of Delisle, whether or not any penalty is imposed for the contravention. 16. Conviction of a person for a contravention of any provision of this Bylaw, and the convicting Judge or Justice of the Peace shall, in addition to any fine imposed, order the person to perform, within a specified period, any act or work necessary for the proper observance of the Bylaw or to remedy the contravention of the Bylaw. 32. Repeal Bylaw Bylaw No. 3-2011, 4-2017 and 8-2018 are hereby repealed. 33. Coming Into Force This Bylaw shall come into force on the day of its final passing.      Mayor Com Buret ЗАКАТНЕНАУ "Certified a true copy of Bylaw No. 10-2021 of the Town of Delisle passed on the 9th day of November, 2021." M.Caltos Administrator ## Schedule "A" of Bylaw No. 10-2021 1. First offence 2. Second offence in a calendar year 3. Third and subsequent offences in a calendar year $100.00 $200.00 $300.00 ## "Form A" of Bylaw No. 10-2021 ## NOTICE OF VIOLATION  Delisi ## DELISLE MUNICIPAL ENFORCEMENT NOTICE OF VIOLATION ## AVOYD PROSECUTION BY PAYING PROMPTLY IKKET NO. 0001 AUCHESS al Did orlawfally commit the somomg offence under: st or need Secten t Ster The - [ ] CHAntral - [ ] [ Shenmobiles - [ ] C] Liceroo - [ ] DO Fire Fresenton - [ ] M Srow Removal - [ ] - Abelement of Munance: Dasertption of Offence - [1 Vestion Te Mund Posncuten, poyment must be made - Warning on! If a Tean of Celse rectres your seyment afthin 10 calendar days om he date sham, the amount to be pold ie: S PENALTY: AMor 10 days the Penalty Sum that must be paid for the above traction ts: 3....... if carments not recosed eras days tom triese dale a summem of te issued Prance Postel Color \_ a seen Ofleet autorized to insue this thatel for the purediction PAYMENT OPTIONS. Beymerd on be mode in person or by all at ta birm attess - -Damare h Poroner. Hat - of Defgle, or 40, 201 1" Steel West. Delisle, Sasketchman, SO. DPD - [ ] moze must he mode payorte - [ ] The Tom of Defth seems no responsilty br corn teet gurugh tie mat * you here any questions relating to thin Tchet, piesar call the By low Enforcement Offer for the Teen of DeTste of 376-321-2617.