Nuisance Abatement Bylaw No. 17-2006 — full text

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## Village of Ebenezer Bylaw No. 17-2006 ## Nuisance Abatement Bylaw A BYLAW of the Village of Ebenezer, in the Province of Saskatchewan, to provide for the abatement of nuisances within the Village of Ebenezer. ## The Council for the Village of Ebenezer in the Province of Saskatchewan enacts as follows: ## Short Title - 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: - b) people's use and enjoyment of their property; or - a) the safety, health or welfare of people in the neighborhood; - c) the amenity of a neighborhood ## Definitions 3. In this Bylaw: - b) "building" means a building within the meaning of The Municipalities Act; - 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; - c) "Municipality" means the Village of Ebenezer - e) "junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that - d) "Council" means the Council of the Village of Ebenezer; - (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 9. ii) is located on private land, but that: - (2) does not form a part of a business enterprise lawfully being operated on - (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 - f) "nuisance" means a condition of property, or a thing, or an activity, that adversely - i) the safety, health or welfare of people in the neighborhood; 14. ) people's use and enjoyment of their property; o 15. ¡) the amenity of a neighborhood and includes - a building in a ruinous or dilapidated state of repair; ## Bylaw No. 17-2006 Nuisance Abatement Bylaw -2- - an unoccupied building that is damaged and is an imminent danger to public safety; - land that is overgrown with grass and weeds; - untidy and unsightly property; - junked vehicles; and - 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; - 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 pavement, curbs, walks or open air surfaced areas. - i) "property" means land or buildings or both; ## 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. lotwithstanding the generality of Section 5, no person shall cause or permit a building tructure to deteriorate into a ruinous or dilapidated state such that the building structure: - a) is dangerous to the public health or safety; - c) is substantially detrimental to the amenities of the neighborhood. - b) substantially depreciates the value of other land or improvements in the neighborhood; or ## Unoccupied Buildings 7. Notwithstanding the generality of Section 5, no person shall cause or permit an unoccupied building to become damaged or to deteriorate into a state of disrepair such that the building is an imminent danger to public safety. ## Bylaw No. 17-2006 Nuisance Abatement Bylaw ## -3- ## 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, drain, ditch, watercourse, or surface water 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. ## Bylaw No. 17-2006 Nuisance Abatement Bylaw -4- ## 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 for rodents, vermin and insects. 16. Materials referred to in Section 15 shall be elevated at least 0.15 meters off the ground and shall be stacked at least 3.0 meters from the exterior walls of any building and at least 1.0 metre from the property line. ## Refrigerators and Freezers - 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/Clerk for the Village of Ebenezer 20. The Administrator/Clerk of the Village of Ebenezer is hereby authorized to further delegate the administration and enforcement of this Bylaw to any member of the Village of Ebenezer Council. ## Inspections 21. The inspection of property by the Municipality to determine if this Bylaw is being complied with is hereby authorized. 22. Inspection 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. ## Bylaw No. 17-2006 Nuisance Abatement Bylaw ## -5- ## 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 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 measurers are necessary to remedy a contravention of this Bylaw. 2. 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. - 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. ## Bylaw No. 17-2006 Nuisance Abatement Bylaw -6- ## Offenses and Penalties 32. No person shall: 34. Where the Municipality receives 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. 36. Every person who contravenes any provision of Section 31 is guilty of an offence and liable on summary conviction: 37. This Bylaw shall come into force on the day of its final passing. - a) tail to comply with an order made pursuant to this Bylaw; - b) obstruct or interfere with an Designated Officer or any other person acting under the authority of this Bylaw; or - c) tail to comply with any other provision of this Bylaw. - 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 $500.00 to be paid to the Municipality within fifteen days. - Payment of any Notice of Violation does not exempt the person from enforcement of an order pursuant to Section 24 of this Bylaw. - 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. ## Coming Into Force (Seal) angela Flatule Read a third time and adopted this 14 day of february, 2006.    (Seal)   Certified a true copy of Bylaw #17-2006 adopted by council this /4 th day february \_ 2006. Laymider lav( Angela Telepchusk Administrato ## Bylaw No. 17-2006 Nuisance Abatement Bylaw -7-