Nuisance Abatement Bylaw 11-2008 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot af9f8527e99a · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## BYLAW NO. 11 - 2008 NUISANCE ABATEMENT BYLAW A BYLAW of the Town of Kyle, in the Province of Saskatchewan, to provide for the abatement of nuisances within the Town of Kyle. THE COUNCIL FOR THE TOWN OF KYLE IN THE PROVINCE OF SASKATCHEWAN ENACTS AS FOLLOWS: ## 1 SHORT TITLE - a) This Bylaw may be cited as The Nuisance Abatement Bylaw. ## 2 PURPOSE - The safety, health or welfare of people in the neighborhood; - a) The purpose of this Bylaw is to provide for the abatement of nuisances, including property, activities, or things that adversely affect - People's use and enjoyment of their property; or ## 3 DEFINITIONS - a) "Designated Officer" means the Administrator or designate of the Municipality to act as a municipal inspector for the purposes of this bylaw; - b) "Board" means the board as designated by council - d) "Municipality" means the Town of Kyle; - c) "Building" means a building as defined in The Municipalities Act; - e) "Council" means the Council for the Town of Kyle; 6. "Junked Vehicle" means ANY automobile, tractor, truck, trailer or other vehicle that is i) Dismantled, partly dismantled, or in abandoned condition; and/or - (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/or - i) Is located on private land but that: - (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: and/or i) The safety, health or welfare of people in the neighborhood; - ili) The comfort and convenience of a neighborhood And includes: - il) People's use and enjoyment of their property; and/or - v) A building in a ruinous or dilapidated state of repair - vi) Land that is over grown with grass and/or weeds - ) An unoccupied building that is damaged and in an imminent danger to public safety - vili) Untidy and unsightly property - vil) Land that is over grown with hedges and/or trees - ix) Open excavations on property. - h) "Occupant" means an occupant as defined in "The Municipalities Act" - i) "Property" means land or buildings or both. - "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  ## 4 Board - a) A council shall appoint not less than two persons to constitute the board of appeals for the municipality. ## Responsibility - a) Unless otherwise specified, the owner of the property, including land, buildings and structures, shall be responsible for carrying out the provisions of this Bylaw. ## Nuisances Prohibited Generally - a) No person shall cause or permit a nuisance on any property owned by that person. ## 7 Dilapidated Buildings - a) 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 - i) Is dangerous to the public health or safety; 3. ili) Is substantially detrimental to the amenities of the neighborhood. 4. ii) Substantially depreciates the value of other land or improvements in the neighborhood; or ## 8 Unoccupied Buildings - that the building is an imminent danger to public safety. ## 9 Overgrown Grass and/or Weeds - b) For the purposes of this Section, "Overgrown" means in excess of 0.20 metres (8 inches) in height. - a) 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. - c) 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 nonnative, consistent with a managed and natural landscape other than regularly mown grass, as long as said growth remains inside the perimeter or owner's property. ## 10 Hedges and/or Trees - a) Notwithstanding the generality of Section 5, no owner or occupant of land shall cause or ermit hedges and/or trees, or parts thereof, to obstruct the free passage of pedestriar n sidewalks, streets or back allevs at any tim ## 11 Untidy and Unsightly Property - a) Notwithstanding the generality of Section 5, no person shall cause or permit any land or buildings to become untidy or unsightly. ## 12 Snow Removal from Sidewalks - a) It is the responsibility of the owner or occupant to remove the snow from any adjoining sidewalks. ## 13 Junked Vehicles - a) 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. ## 14 Open Excavations - a) 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 ## 15 Maintenance of Yards ## 16 Outdoor Storage of Materials - a) 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. - a) Any building materials, lumber, scrap metal, boxes or similar items stored in a yard shall be neally stacked in piles and elevated off the ground so as not to constitute a nuisance or harborage for rodents, vermin and insects.  ## 17 Refrigerators and Freezers - a) Ay refrigerator or freezer left unattended in a yard shall have its hinges, latches, lid and door or doors either removed or securely locked. ## 18 Fences - a) Fences shall be maintained in a safe and reasonable state of repair. ## 19 Enforcement of Bylaw - a) The Administration and enforcement of this Bylaw is hereby delegated to the designated officer for the Town of Kyle. ## 20 Inspections - a) The inspection of property by the Municipality, pursuant to section 362 of the Municipalities Act, to determine if this Bylaw is being complied with is hereby authorized 2. ) A designated officer shall have authorization to request anything to be produced in orde assist in the inspection including but not limited to making copies of anything relate to this inspection. - c) No person shall obstruct the Designated Officer who is authorized to conduct an inspection under this section, or a person who is assisting the Designated Officer. ## 21 Order to Remedy Contraventions - a) If a Designated Officer finds that a person is contravening this Bylaw, the Designated Officer will, by written order require the owner of the property to which the contravention relates, to remedy the contravention - o) The municipality shall serve a written order in the prescribed form, as per Appendix 'E attached to and a part of this bylaw, on the person to whom the order is directed - c) This order shall state the number of days allowed to remedy the contravention and shall not be less than Twenty (20) days. 4. 'A' attached to and forming a part of this bylaw. - e) Orders under this bylaw may be served by one of the following options: 6. ) By registered mail to the last known address of the person being servec - i) Personally 8. i By hand-delivering a copy of the notice, order or document to the last known addres: of the person being served; or 9. iv) By posting a copy of the notice, order or document at the land, building or structure or on a vehicle to which the notice, order or document relates. - a) If an order is issued pursuant to Section 21, the Municipality may 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. ## 23 Appeal of Order to Remedy - a) A person may appeal the order within Fifteen (15) days after the date of the order. The board will hold an appeal hearing within two (2) business days after notification of - b) The decision of the board shall be final. ## 24 Municipality Remedying Contraventions - a) The Municipality may take whatever actions or measures that are necessary to remedy a contravention of this bylaw. ## 25 Recovery of Unpaid Expenses and Costs - b) By civil action for debt in a court of competent jurisdiction - a) Any unpaid expenses and costs incurred by the Municipality in remedying a contravention of this bylaw may be recovered either: And/or - By adding the amount to the taxes on the property on which the work is done. - Fail to comply with an order made pursuant to this bylaw - i) Fail to comply with any other provision of this bylaw; or - ) Obstruct or interfere with any designated officer or any other person acting under th authority of this bylaw; - v) Continue to do any of those things outlined in (i) to (iii) above - ) Payment of any Notice of Violation does not exempt the person from completion of ar order pursuant to Section 21 of this bylaw - Coming Into For - This bylaw shall come into force on the day of its final passir - 28 Bylaws repealed - a) Bylaw 2-2007 is hereby repealed  Mayor - Ansgar Tying SEAL Audrey Blohn Administrator - Audrey Blohr READ A THIRD TIME AND ADOPTED THIs & day of ctober -2008 Audren 3lolm Administrator.   ## APPENDIX 'A' | Section | Offence | Fine | |-----------|-------------------------------|---------------| | 7 | Dilapidated Buildings | $50.00 / day | | 8 | Unoccupied Buildings | $50.00 / day | | 9 | Overgrown Grass & Weeds | $50.00 / day | | 10 | Hedges & Trees | $50.00 / day | | 11 | Untidy and Unsightly Property | $50.00 / day | | 12 | Sidewalk snow removal | $50.00 / day | | 13 | Junked Vehicles | $50.00 / day | | 14 | Open Excavations | $200.00 / day | | 15 | Maintenance of Yards | $50.00 / day | | 16 | Outdoor Storage of Materials | $50.00 / day | | 17 | Refrigerators and Freezers | $200.00 / day | | 18 | Fences | $50.00 / day |  Name: Address: RE: (Legal address of property / Civic address of property] TAKE NOTICE THAT in accordance with Section \_ \_ of Bylaw No. 11-2008 the property described above has been inspected by the Town of Kyle on 2008; ## NOTICE OF VIOLATION THAT as a result of the above inspection, the land is hereby deciared a nuisance because: · [state SPECIFIC reason(s) why the property is a nuisance] AND THAT the records of the Municipality show that you are the owner of the property described above. ## ORDER TO REMEDY ## RIGHT TO APPEAL Under authority provided by Section 21 of Bylaw No. 11-2008 you are hereby ordered to remedy the above noted violation within Twenty (20) days from the date of this order. TAKE NOTICE THAT you are provided the right to appeal this Order; and THAT the appeal must be filed with the Town of Kyle within Fifteen (15) days of the date of this order. ## FAILURE TO COMPLY WITH 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, you will be subject to a DAILY FINE of no less than \_per day payable to the Town of Kyle; (Amount as indicated in Appendix Al THAT if the remedial actions) noted above is/are not undertaken by the date noted above, the Town of Kyle is authorized to take whatever steps are necessary to undertake the remedial action(s) and recover the costs; THAT all costs, less any amount received by the Town of Kyle from selling or otherwise lisposing of property may be added to, and thereby forms part of, the taxes on the property Tried at Kyle, in the Province of Saskatchewan: day of ## APPENDIX 'B' Box 520 Kyle. Saskatchewan SOL ITO Phone: (306) 375-2525 Fax: (306) 375-2534 Email: [email protected] Website: www.kylesaskatchewan.ca ## Order to Remedy Date: