This is the exact embedded text of the captured official document.
Snapshot 175126ca0bfa · verified 2026-06-13 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
VILLAGE OF DRAKE
BYLAW 2024-2
A BYLAW TO PROVIDE FOR THE ABATEMENT OF
NUISANCES
THE COUNCIL FOR THE VILLAGE OF DRAKE 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 an 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 Village of Drake;
d) "Council" means the Council of the Village of Drake;
e) "Committee" means the Council, Administrator or Designated officer.
f) "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;
g) "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) 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.
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.
13. Accumulation of Materials
i. No owner or occupier of a Premises shall allow on the Premises, the accumulation of:
- any material that creates unpleasant odors;
- any material likely to attract pests; or
- animal remains, parts of animal remains, or animal feces.
ii. No owner or occupier of a Premises shall allow the open or exposed storage on the Premises of any
industrial fluid, including engine oil, brake fluid or antifreeze.
iii. No owner or occupier of a Premises shall allow the following to accumulate on the Premises such that
the accumulation is visible to a Person viewing from outside the property:
- loose garbage;
- bottles, cans, boxes or packaging materials;
- household furniture or other household goods;
- Automobile Parts;
- parts of or disassembled machinery, equipment or appliances; and
- yard waste, including grass, tree and hedge cuttings but excluding the contents of a
Composting Pile as defined in this Bylaw.
iv. No owner or occupier of real property shall allow on the Premises the accumulation of building
materials, whether new or used, unless that owner or occupier can establish that a construction or
renovation undertaking is being actively carried out on the Premises and that the project has begun or
the beginning of work is imminent.
a. Materials 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.
v. An owner or occupier of a Premises shall ensure that all building materials stored on a Premises, that
are not in contravention of subsection (5), are stacked or stored in an orderly manner.
vi. Despite anything in this Part, it shall not be an offence to store a small amount of neatly stacked
materials on a Premises for basic property maintenance.
Open Excavations
14. 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
15. 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.
Burning Materials
16. No person shall permit the burning of materials on or in any property that produces an odour so as
to cause a nuisance. Fireplaces, including outdoor fireplaces, used or intended to be used for
burning fuels in open fires shall only have clean, dry wood burnt in these appliances.
Refrigerators and Freezers
17. Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors
removed. Must be removed within 20 days,
Fences
18. Fences shall be maintained in a safe and reasonable state of repair.
Enforcement of Bylaw
19. The administration enforcement of this Bylaw is hereby delegated to the Administrator, (or
committee) for the Village of Drake.
To enforce a nuisance abatement bylaw, the municipality will through the process in Appendix A
may:
i.
investigate alleged reports of a nuisance.
ii.
Issue a notice of violation Appendix B
iii.
Issue an order to the owner or occupant to remedy the contravention and to prevent
reoccurrences; or
iv.
Register an interest against the title to the land.
Investigating nuisances
i.
The municipality may investigate nuisances on its own initiative or as the result of an
allegation presented by a citizen. A municipality may authorize a designated officer to
enter private land or buildings for the purpose of carrying out an investigation.
ii.
In some circumstances, the municipality may need to apply to a justice of the peace or a
provincial court for a warrant to enter private land or buildings. As prescribed in sections
362 and 362 the investigation, and the powers and responsibilities of the designated
officer.
Appointing Designated Officers
20. That the Designated Officers to whom responsibility is assigned to administrate and
enforce the Nuisance Abatement Bylaw for the Village of Drake for the time period in which
Bylaw 2024-2 is in force shall be:
i) The Administrator for the Village of Drake
ii) The Public Works Supervisor for the Village of Drake; or
iii) The Council for the for the Village of Drake
Inspections
21. The inspection of property by the Municipality to determine if this 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. See Appendix B
25. Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act.
26. Orders given under 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 21 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 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.
Registration of Notice of Order
32. If an order is issued pursuant to Section 22, 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.
Offences and Penalties
33. No person shall:
c) fail to comply with an order made pursuant to this Bylaw;
d) obstruct or interfere with any Designated Officer or any other person acting under the authority
of this Bylaw; or
e) fail to comply with any other provision of this Bylaw.
34. 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
indicate that the Municipality will accept voluntary payment in the sum of $200.00 to be paid to
the Municipality within 30 days.
35. Where the Municipality receives voluntary payment of the amount prescribed under Section 31
within the time specified, the person receiving the Notice of Violation shall not be liable to
prosecution for the alleged contravention.
36. Payment of any Notice of Violation does not exempt the person from enforcement of an order
pursuant to Section 22 of this Bylaw.
37. 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;
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.
Repeal of Former Bylaws
38. Bylaw # 2005-2 - Nuisance Abatement Bylaw; and all amendments thereto are hereby repealed.
Coming Into Force
39. This Bylaw shall come into force on the day of its final passing.
________________________
Mayor
Administrator
Sections 8(1)(b) & 8(1)(d) The Municipalities Act
Read a third time and adopted,
this ___ day of _______, 2024
______________________________
Administrator
Condition not remedied
Condition is remedied
Optional-Discuss condition
/activity with owner/occupant
Order upheld
Order invalid
Committee /Appeal Board hears appeal; renders decision
Receive report of nuisance condition
Investigate allegation of nuisance; Determine validity
File Closed
Municipality recovers costs
Municipality completes work
No Compliance
Compliance
No Compliance
Appeal Filed
Compliance
Issue and Order to Remedy
Nuisance Exists
No Nuisance
VILLAGE OF DRAKE
Appendix "A" - Administrative Process
Designated Officer with full authority
Receive report of nuisance condition
Investigate allegation of nuisance;
Determine validity
File Closed
Municipality recovers costs
Municipality completes work
Review situation with Council/ Committee;
Obtain final approval to proceed with remedial work
No Compliance
Compliance
Order upheld
Order invalid
Committee /Appeal Board hears appeal;
Renders decision
No Compliance
Appeal Filed
Compliance
VILLAGE OF DRAKE
Council or Committee Input
Review situation with Council or Committee;
Council or Committee members may inspect subject property;
Obtain approval to issue Order to Remedy
Optional- Discuss condition/activity
with owner/occupant
Nuisance Exists
No Nuisance
Condition not remedied
Condition is remedied
VILLAGE OF DRAKE
Appendix "B"- Resolutions & Forms
Resolutions
Depending upon the administrative process implemented by the municipality, the
Designated Officer may require specific authorization from a committee or from council to
issue the order. As noted earlier, sole responsibility for determining nuisances and initiating
enforcement action may not be desirable in small environments. Involving a number of
individuals at this stage may avoid allegations of bias toward the Designated Officer.
The sample resolutions appearing within this section are those, which may be considered by
the committee or council. For the purpose of these illustrations, the term "Committee" will
be used and should be interchanged with the term" Council" in those instances where
council retains this authority to itself.
Appeal rights are not addressed in the following resolutions: a person's right to appeal an
order to remedy a contravention is protected by statute. When determining the deadline by
which a person must comply with an order to remedy, the committee shall take into
consideration that the person has a period of 15 days during which the order may be
appealed. Where an order has been appealed, the municipality may not proceed with
carrying out the specific work until the appeal has been heard and decided by council or by
local appeal board.
Forms
The sample bylaw does not reference specific forms for notice of violation, order to remedy
a nuisance or request voluntary payment from a person to avoid prosecution for an offence.
The Act provides municipalities with autonomy to design their own forms, provided they
contain specific information referred to within the legislation. This section contains a
number of sample forms for review and modification to meet local standards prior to
authorization for use in your municipality.
Forms may be referenced and appended to bylaws; however, any changes to the forms
subsequently require an amendment to the bylaw. Alternatively, the municipality may
choose to retain the generic wording provided in the sample bylaw. Council should approve
the forms by resolution; in this manner, subsequent amendments to administrative forms are
accommodated more easily.
If desired, the bylaw may empower the Designated Officer to implement minor
modifications that do not affect the substance of the form. Failure to include that
authorization may jeopardize enforcement action if alterations are made.
VILLAGE OF DRAKE
B.1 Building/Structural Nuisance
That the Council for the Village of Drake or That the Committee hereby declares the
______________________________ located on _____________________,
(building / fence/ other type of structure) (legal description of property)
the civic address of the property being ______________________ to be a nuisance under
(civic address, if applicable)
Section 6 & 7 of Bylaw No. 2024-2 the Nuisance Abatement Bylaw, for the following
reason(s)
_________________________________________________________________________
__________________________________________________________________________
*(The same reasons that will be stated within the order);
That the Designated Officer is hereby authorized to issue an order to _________________
(owner(s)/ occupant(s) of the said property (along with any other person (s) who should be
notified, in the opinion of the Council) requiring (them/him/her) to undertake the following
work:
_________________________________________________________________________
__________________________________________________________________________
- [the same actions as will be specified in the order];
said work to be completed on or before the
day of
, 20 _;
And that if the work noted above is not completed by the date noted above, the municipality
is authorized to take whatever steps are necessary to complete the work and recover the costs.
VILLAGE OF DRAKE
Order to Remedy
NAME:
ADDRESS: _______________________________________
RE: _________________________________________________
(Legal address of property/Civic address of property)
NOTICE OF VIOLATION
TAKE NOTICE THAT in accordance with Section 6 & 7 of Bylaw No. 2024-2 the
Nuisance Abatement Bylaw, the property described above has been inspected by the
Village of Drake on ________________;
(date)
THAT as a result of the above inspection, the building /structure described as
____________________________________________________________________
(describe the building or structure, location on the property, etc.)
on the land described above is hereby declared a nuisance because:
(State SPECIFIC reason(s) why the property is a nuisance)
_____________________________________________________________________
AND THAT the records of the Village of Drake show that you are the owner/occupant
___________________________________________________ of the property described above.
(specify which)
ORDER TO REMEDY
Under authority provided by Section 6 & 7 of Bylaw No. 2024-2 you are hereby ordered
To remedy the above violation on or before _________________________________ by:
(specify date by when work should be completed)
______________________________________________________________________
*(State action required to remedy the contravention- be SPECIFIC and MEASURABLE)
The remedial action noted above is to be completed not later than __________________
(specify date - must be after deadline to appeal).
VILLAGE OF DRAKE
RIGHT TO APPEAL
TAKE NOTICE THAT you are provided the right to appeal this Order; and
THAT the appeal may be filed with the Village of Drake, 117 Francis Street, Drake,
Saskatchewan, S0K 1H0 no later than ______________________________________
(time and date- must be at least 15 days after the date of the order)
TAKE FURTHER NOTICE THAT a hearing to consider your appeal will be held as
follows:
TIME/DATE:
PLACE:
(If appeal hearings are pre-scheduled)
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 Municipality will proceed to undertake action to
remedy the contravention; and
THAT all costs, less any amount received by the Municipality from selling or otherwise
disposing of property may be added to, and thereby forms part of, the taxes on the property.
Dated at
In the province of Saskatchewan,
this
day of
, 20
Designated Officer
VILLAGE OF DRAKE
B.2 Untidy/Unsightly Premises
That the Council/ Committee for the Village of Drake hereby declares the
______________________________ located on _____________________,
(land / buildings) (legal description of property)
the civic address of the property being ______________________ to be a nuisance under
(civic address, if applicable)
Section 11 of Bylaw No. 2024-2 the Nuisance Abatement Bylaw, for the following reason(s)
_________________________________________________________________________
__________________________________________________________________________
*(The same reasons that will be stated within the order);
That the Designated Officer is hereby authorized to issue an order to _________________
(owner(s)/ occupant(s) of the said property (along with any other person (s) who should be
notified, in the opinion of the Council) requiring (them/him/her) to undertake the following
work:
_________________________________________________________________________
__________________________________________________________________________
*(The same actions as will be specified in the order)
said work to be completed on or before the
day of
, 20 _ ;
And that if the work noted above is not completed by the date noted above, the municipality
is authorized to take whatever steps are necessary to complete the work and recover the costs
VILLAGE OF DRAKE
Order to Remedy
NAME:
ADDRESS: _______________________________________
RE: ____________________________________________
(Legal address of property/Civic address of property
NOTICE OF VIOLATION
TAKE NOTICE THAT in accordance with Section 11 of Bylaw No. 2024-2 the
Nuisance Abatement Bylaw, the property described above has been inspected by the
Village of Drake on ________________;
(date)
THAT as a result of the above inspection, the land is hereby declared a nuisance because:
____________________________________________________________________
(state SPECIFIC reason(s) why the property is a nuisance.
AND THAT the records of the Village of Drake show that you are the owner/occupant
___________________________________________________ of the property described above.
(specify which)
ORDER TO REMEDY
Under authority provided by Section 11 of Bylaw No. 2024-2 you are hereby ordered
To remedy the above violation on or before _________________________________ by:
(specify date by when work should be completed)
______________________________________________________________________
*(State action required to remedy the contravention- be SPECIFIC and MEASURABLE)
The remedial action noted above is to be completed not later than __________________
(specify date - must be after deadline to appeal).
VILLAGE OF DRAKE
RIGHT TO APPEAL
TAKE NOTICE THAT you are provided the right to appeal this Order; and
THAT the appeal may be filed with the Village of Drake, 117 Francis Street, Drake,
Saskatchewan, S0K 1H0 no later than ______________________________________
(time and date- must be at least 15 days after the date of the order)
TAKE FURTHER NOTICE THAT a hearing to consider your appeal will be held as
follows:
TIME/DATE:
PLACE:
(If appeal hearings are pre-scheduled)
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 Municipality will proceed to undertake action to
remedy the contravention; and
THAT all costs, less any amount received by the Municipality from selling or otherwise
disposing of property may be added to, and thereby forms part of, the taxes on the property.
Dated at
In the province of Saskatchewan,
this
day of
, 20
Designated Officer
VILLAGE OF DRAKE
B.3 Excavation Nuisance
That the Council/Committee for the Village of Drake, hereby declares the
______________________________ located on _____________________,
(basement/excavation/ditch/swimming pool, other structure) (legal description of property)
the civic address of the property being ______________________ to be a nuisance under
(civic address, if applicable)
Section 14 of Bylaw No. 2024-2 the Nuisance Abatement Bylaw, for the following reason(s)
_________________________________________________________________________
__________________________________________________________________________
*(The same reasons that will be stated within the order).
That the Designated Officer is hereby authorized to issue an order to _________________
(owner(s)/ occupant(s) of the said property (along with any other person (s) who should be
notified, in the opinion of the Council) requiring (them/him/her) to undertake the following
work:
______________________________________________________________________
__________________________________________________________________________
*(The same reasons that will be stated within the order);
said work to be completed on or before the
day of
, 20__;
And that if the work noted above is not completed by the date noted above, the municipality
is authorized to take whatever steps are necessary to complete the work and recover the costs.
VILLAGE OF DRAKE
Order to Remedy
NAME:
ADDRESS: _______________________________________
RE: ____________________________________________
(Legal address of property/Civic address of property
NOTICE OF VIOLATION
TAKE NOTICE THAT in accordance with Section 14 of Bylaw No. 2024-2 the
Nuisance Abatement Bylaw, the property described above has been inspected by the
Village of Drake on ________________;
(date)
THAT as a result of the above inspection, the building /structure described as
____________________________________________________________________
(describe the building or structure, location on the property, etc.)
on the land described above is hereby declared a nuisance because:
____________________________________________________________________
(State SPECIFIC reason(s) why the property is a nuisance)
AND THAT the records of the Village of Drake show that you are the owner/occupant
___________________________________________________ of the property described above.
(specify which)
ORDER TO REMEDY
Under authority provided by Section 14 of Bylaw No. 2024-2 you are hereby ordered
To remedy the above violation on or before _________________________________ by:
(specify date by when work should be completed)
______________________________________________________________________
*(State action required to remedy the contravention- be SPECIFIC and MEASURABLE)
The remedial action noted above is to be completed not later than __________________
(specify date - must be after deadline to appeal).
VILLAGE OF DRAKE
RIGHT TO APPEAL
TAKE NOTICE THAT you are provided the right to appeal this Order; and
THAT the appeal may be filed with the Village of Drake, 117 Francis Street, Drake,
Saskatchewan, S0K 1H0 no later than ______________________________________
(time and date- must be at least 15 days after the date of the order)
TAKE FURTHER NOTICE THAT a hearing to consider your appeal will be held as
follows:
TIME/DATE:
PLACE:
(If appeal hearings are pre-scheduled)
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 Municipality will proceed to undertake action to
remedy the contravention; and
THAT all costs, less any amount received by the Municipality from selling or otherwise
disposing of property may be added to, and thereby forms part of, the taxes on the property.
Dated at
In the province of Saskatchewan,
this
day of
, 20
Designated Officer
VILLAGE OF DRAKE
B.4 Derelict/ Junked Vehicle Nuisance
That the Council/Committee for the Village of Drake hereby declares the
______________________________ described as follows;
(vehicle / trailer)
_________________________________________________________________
(describe the vehicle or trailer in the same manner as in the order)
located on _____________________,
(legal description of property)
the civic address of the property being ______________________ to be a nuisance under
(civic address, if applicable)
Section 12 of Bylaw No. 2024-2 the Nuisance Abatement Bylaw, for the following reason(s)
_________________________________________________________________________
__________________________________________________________________________
*(The same reasons that will be stated within the order).
That the Designated Officer is hereby authorized to issue an order to _________________
(owner(s)/ occupant(s) of the said property (along with any other person (s) who should be
notified, in the opinion of the Council) requiring (them/him/her) to undertake the following
work:
_________________________________________________________________________
__________________________________________________________________________
*(the same actions as will be specified in the order).
Said work to be completed on or before the
day of
, 20 __ ;
And that if the remedial action(s) noted above is/are not undertaken by the date noted above,
the municipality is authorized to take whatever steps are necessary to undertake the remedial
action(s) and recover the cost
VILLAGE OF DRAKE
Order to Remedy
NAME:
ADDRESS: _______________________________________
RE: ____________________________________________
(Legal address of property/Civic address of property
NOTICE OF VIOLATION
TAKE NOTICE THAT in accordance with Section 12 of Bylaw No. 2024-2 the
Nuisance Abatement Bylaw, the property described above has been inspected by the
Village of Drake on ________________;
(date)
THAT as a result of the above inspection, the vehicle / trailer described as
____________________________________________________________________
(describe the vehicle or trailer- make, model, colour, serial # if possible, location on the property, etc.)
Is hereby declared a nuisance because:
____________________________________________________________________
(State SPECIFIC reason(s) why vehicle or trailer is a nuisance)
_____________________________________________________________________
AND THAT the records of the Village of Drake show that you are the owner/occupant
___________________________________________________ of the property described above.
(specify which)
ORDER TO REMEDY
Under authority provided by Section 12 of Bylaw No. 2024-2 you are hereby ordered
To remedy the above violation on or before _________________________________ by:
(specify date by when work should be completed)
______________________________________________________________________
*(State action required to remedy the contravention- be SPECIFIC and MEASURABLE)
The remedial action noted above is to be completed not later than __________________
(specify date - must be after deadline to appeal).
VILLAGE OF DRAKE
RIGHT TO APPEAL
TAKE NOTICE THAT you are provided the right to appeal this Order; and
THAT the appeal may be filed with the Village of Drake, 117 Francis Street, Drake,
Saskatchewan, S0K 1H0 no later than __________________________________________________
(time and date- must be at least 15 days after the date of the order)
TAKE FURTHER NOTICE THAT a hearing to consider your appeal will be held as
follows:
TIME/DATE:
PLACE:
(If appeal hearings are pre-scheduled)
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 Municipality will proceed to undertake
action to remedy the contravention; and
THAT all costs, less any amount received by the Municipality from selling or otherwise
disposing of property may be added to, and thereby forms part of, the taxes on the
property.
Dated at
In the province of Saskatchewan,
this
day of
, 20
Designated Officer
VILLAGE OF DRAKE
B.5 Unspecified Nuisance
Order to Remedy
NAME:
ADDRESS: _______________________________________
RE: ____________________________________________
(Legal address of property/Civic address of property
NOTICE OF VIOLATION
TAKE NOTICE THAT in accordance with Section _____ of Bylaw No. 2024-2 the
Nuisance Abatement Bylaw, the property described above has been inspected by the
Village of Drake on ________________;
(date)
THAT as a result of the above inspection, land is hereby declared a nuisance because:
____________________________________________________________________
(state SPECIFIC reason(s) why the property is a nuisance Is hereby declared a nuisance because:
_____________________________________________________________________
AND THAT the records of the Village of Drake show that you are the owner/occupant
___________________________________________________ of the property described above.
(specify which)
ORDER TO REMEDY
Under authority provided by Section of Bylaw No. 2024-2 you are hereby ordered to
remedy the above violation by:
______________________________________________________________________
*(State action required to remedy the contravention- be SPECIFIC and MEASURABLE)
The remedial action noted above is to be completed no later than ___________________
[specify date - must be after deadline to appeal].
VILLAGE OF DRAKE
RIGHT TO APPEAL
TAKE NOTICE THAT you are provided the right to appeal this Order; and
THAT the appeal may be filed with the Village of Drake, 117 Francis Street, Drake,
Saskatchewan, S0K 1H0 no later than ______________________________________
(time and date- must be at least 15 days after the date of the order)
TAKE FURTHER NOTICE THAT a hearing to consider your appeal will be held as
follows:
TIME/DATE:
PLACE:
(If appeal hearings are pre-scheduled)
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 Municipality will proceed to undertake
action to remedy the contravention; and
THAT all costs, less any amount received by the Municipality from selling or otherwise
disposing of property may be added to, and thereby forms part of, the taxes on the
property.
Dated at
In the province of Saskatchewan,
this
day of
, 20
Designated Officer
VILLAGE OF DRAKE
B.6 Remedial Action by the Municipality
That the municipality shall proceed to complete the work specified in an "Order to
Remedy" issued to _________________________ on _______________
(person's name) (date of order)
relative to a nuisance condition on ________________________________________________________________________
(legal and civic address of property).
NOTE:
* With the exception of emergency situations, the Municipality may not proceed to
complete the remedial action unless the appeal period has expired, or unless there has
been a determination as the result of an appeal being filed.
B.7 Recovering Costs
That the costs incurred by the Municipality to complete the work specified in an "Order
to Remedy" issued to _________________________ on _______________
(person's name) (date of order)
relative to a nuisance condition on ________________________________________________________________________
(legal and civic address of property).
specifically ______________________ said amount remaining unpaid,
(amount, in words and figures),
be added to and thereby form part of the property taxes of the previously described
property.
NOTE:
The above resolution presumes the Municipality will send an invoice to the person as a
first attempt to recover costs. If this is not part of the municipality's cost recovery
process, it should delete the phrase "said amount remaining unpaid".
VILLAGE OF DRAKE
B.8 Order to Take Emergency Action
SAMPLE ORDER
Order to Take Emergency Action
NAME:
ADDRESS: _______________________________________
RE: ____________________________________________
(Legal address of property/Civic address of property
DECLARATION OF IMMINENT DANGER
TAKE NOTICE THAT in with accordance with Section ____ of Bylaw No. 2024-2
the Nuisance Abatement Bylaw, on __________the Village of Drake has declared the
(date)
building ___________________________________________________________
(or other structure or thing) (identify if there is more than one building on the property)
located on the property _________________________________________
described above to (choose one of the following)
* be an imminent danger to public safety
* pose a risk of causing serious harm to other property
because of :
___________________________________________________________________________________
.
___________________________________________________________________________________
(list conditions constituting a public hazard - be SPECIFIC)
VILLAGE OF DRAKE
ORDER TO TAKE EMERGENCY ACTION
TAKE NOTICE THAT the records of the Village of Drake show that you are the
owner/occupant (choose one) of the property described above;
AND THAT under authority provided by Section _____ of Bylaw No. 2024-2 you are
hereby ordered to remedy the above condition by:
___________________________________________________________________
* (state action required to remedy the condition - be SPECIFIC and MEASURABLE)
The emergency action noted above is to be completed no later than _____________.
(specify when).
FAILURE TO COMPLY WITH THE ORDER
TAKE NOTICE THAT if you fail to comply with this order, the Municipality will
proceed to undertake the work;
AND THAT all costs, less any amount received by the Municipality 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
Village of Drake to be held on (state date, time and location of meeting) to make
representations with respect to the need for these actions or the intents of charging the
cost of the emergency action against the said property.
Dated at
,
in the Province of Saskatchewan,
This
day of
, 20
Designated Officer
VILLAGE OF DRAKE
B.9 Emergency Action Taken
That the Council/Committee for the Village of Drake hereby declares the
____________________ located on ________________________ the civic address of
(building/other structure)
(legal description of property),
the property being ___________________ to (select one of the following)
(civic address, if applicable)
* be an imminent danger to public safety
* pose a risk of causing serious harm to other property
for the following reason(s):
* (the same conditions which constitute a public hazard as are described in the order);
and
THAT the following actions be taken immediately to eliminate the danger:
_______________________________________________________ and
*(the same actions as will be specified in the order);
THAT the Administrator notify the owner of the said property by registered mail of the
action taken by the municipality respecting the said property; and
THAT the owner be notified the Municipality intends to recover from the owner all costs
associated with eliminating the danger on the said property; and
THAT the owner be invited to appear before Council at a meeting to be held on (time,
date and location of meeting) to make representations if he or she disputes the need for
the action(s) or the intent to recover costs.
VILLAGE OF DRAKE
Notice of Emergency Action Taken
NAME:
ADDRESS: _______________________________________
RE: ____________________________________________
(Legal address of property/Civic address of property
DECLARATION OF IMMINENT DANGER
TAKE NOTICE THAT in accordance with Section _____ of Bylaw No. 2024-2 the
Nuisance Abatement Bylaw, on ____________the Village of Drake has declared the
(date)
_______________________________________________________________
(building or other structure or thing) (identify if there is more than one building on the property)
located on the property described above to (choose one of the following)
* be an imminent danger to public safety
* pose a risk of causing serious harm to other property
because of:
* (list conditions constituting a public hazard - be SPECIFIC)
ACTION TAKEN
TAKE NOTICE THAT the Municipality has taken the following action(s) (choose one of
the following)
* to abate the danger to public safety
* to prevent serious harm to other property:
________________________________________________________________
*(State the action or actions that were taken to abate the emergency)
VILLAGE OF DRAKE
COSTS
TAKE NOTICE THAT the records of the Municipality show that you are the owner of
the property described above;
AND THAT the Municipality intends to recover from you the cost of the above action(s),
specifically (amount, in figures and words).
APPEAL
TAKE NOTICE THAT you are invited to attend the meeting of the Council of the
Village of Drake to be held on ____________________________________________,
(state date, time and location of meeting)
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
in the province of Saskatchewan,
this day of
, 20
Designated Officer
VILLAGE OF DRAKE
B.10 Notice of Violation
THAT the Village of Drake has reason to believe that (name of owner or occupant) has
violated Section of Bylaw No. 2024-2; and
THAT the Municipality intends to prosecute _________________________________
(name of owner or occupant)
with respect to this violation and hereby instructs the Administrator to serve a notice of
violation on ________________________________; and
(name of owner or occupant)
THAT on or after ___________________________________________________
(the day after deadline for making voluntary payment),
the Administrator shall take steps to issue a summons to ____________________
(name of owner or occupant)
except and unless if the voluntary payment is paid to the Municipality.
30
VILLAGE OF DRAKE
NOTICE OF VIOLATION
NAME:
ADDRESS: _______________________________________
RE: ____________________________________________
(Legal address of property/Civic address of property
NOTICE OF VIOLATION
TAKE NOTICE THAT the records of the Village of Drake show that you are the owner/
occupant ______________________ of the property described above;
(specify which)
AND THAT the Municipality has reason to believe that on or about the
day of
, 20
(date of offence) you did or you did allow the following
_________________________________________________________________________
(choose appropriate word-action/condition/etc.):
__________________________________________________________________________
* (Describe the offence)
In contravention of Section _____of Bylaw No. 2024-2 the Nuisance Abatement Bylaw.
PENALTY
TAKE NOTICE THAT Section _37 of Bylaw No. 2024-2 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:
a) in the case of an individual, to 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 $2500/ day.
VOLUNTARY PAYMENT
TAKE NOTICE THAT the Municipality will accept a voluntary payment in the amount of five
hundred ($500.00) dollars;
AND THAT upon receipt of the above voluntary payment within fifteen (15) days of the date of this
Notice of Violation, a person shall not be liable to prosecution for the alleged contravention.
SUMMONS
TAKE NOTICE THAT failure to remit the voluntary payment to the Village of Drake within fifteen
(15) days will result in the issuance of a Summons.
Dated at ________________________ in Province of
Saskatchewan, this
day of, 20
Designated Officer