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VILLAGE OF LAKE LENORE
BYLAW NO. 2/2013
A Bylaw of the Village of Lake Lenore, in the Province of Saskatchewan
to regulate property maintenance and to provide for the abatement of
nuisances within the Village of Lake Lenore.
The Council of the Village of Lake Lenore in the Province of
Saskatchewan hereby enacts as follows:
1. 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 or welfare of people in the neighborhood
b) People's use and enjoyment of their property; or
c) The amenity of a neighborhood.
DEFINITIONS
2. 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 the Bylaw:
b) "building" means a building within the meaning of The
Municipalities Act;
c) "Municipality" means The Village of Lake Lenore
d) "Council" means the Council of the Village of Lake Lenore
e) "junked vehicle" means any automobile, tractor, truck, trailer
or other vehicle that
i)
Either:
1) Has no valid license plate attached to it; or
2) Is in a rusted, wrecked, partly wrecked, dismantled,
party 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 with the Municipality;
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 many adversely affect:
i)
The safety, health or welfare of people in the
neighborhood;
ii)
People's use and enjoyment of their property; or
iii)
The amenity of a neighborhood and includes;
1) A building in a ruinous or dilapidated state of repair
2) An unoccupied building that is damaged and is an
imminent danger to public safety;
3) Land that is overgrown with grass and weeds;
4) Untidy and unsightly property;
5) Junked vehicles; and
6) 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
3. 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
4. No person shall cause or permit a nuisance to occur on any
property owned by that person.
DILAPIDATED BUILDINGS
5. Notwithstanding the generality of Section 4, 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 neighborhood; or
c) Is substantially detrimental to the amenities of the
neighborhood.
UNOCCUPIED BUILDINGS
6. Notwithstanding the generality of Section 4, 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, or substantially depreciates the
value of other land or buildings in the neighborhood.
OVERGROWN GRASS AND WEEDS
7.1 Notwithstanding the generality of Section 4, no owner or
occupant of land shall cause or permit the land to be
overgrown with grass or weeds.
7.2 For the purpose of this section, "overgrown" means in
excess of 20 centimeters in height.
7.3 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
gross.
7.4 No owner or occupant of land shall cause or permit any
adjoining boulevards or lanes to be overgrown with grass or
weeds.
7.5 After having been served with an order respecting property
overgrown with grass and weeds under this section, no
person shall permit or allow lands described in that order to
become overgrown with grass and weeds again.
UNTIDY AND UNSIGHTLY PROPERTY
8.1 Notwithstanding the generality of Section 4, no person shall
cause or permit any land or buildings to become untidy and
unsightly due to the accumulation of new or used lumber,
cardboard, paper, newspapers, appliances, tires, cans
barrels, scrap metal or other waste materials or junk.
8.2 After having been served with an order respecting untidy of
unsightly property under this section, no person shall permit
or allow lands described in that order to become untidy or
unsightly again.
8.3 No owner of land shall cause or permit any adjoining
boulevards or lanes to become untidy and unsightly due to
the accumulation of new or used lumber, cardboard, paper,
newspapers, appliances, tires, can barrels, scrap metal or
other waste materials or junk.
JUNKED VEHICLES
9.1 Notwithstanding the generality of Section 4, no person shall
cause or permit any junked vehicle to be kept on any land
owned by that person.
9.2 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.
OPEN EXCAVATIONS
10. Notwithstanding the generality of Section 4, 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.
PET WASTES
11. Pet wastes shall be promptly removed from properties, and
disposed of in an acceptable manner. Pet wastes shall not
be allowed to accumulate in an unreasonable manner.
MAINTENANCE OF YARDS
12.1 Notwithstanding the generality of Section 4, 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.
12.2 Any building materials, lumber, scrap metal, boxes or similar
items stores 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 or insects.
12.3 Materials referred to in Section 12.2 shall be elevated at
least .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 meter from the property line.
12.4 A yard shall be graded in such a manner so as to prevent:
a) excessive ponding of water; and
b) excessive dampness accumulating near buildings
12.5 Fences shall be maintained in a safe and reasonable state of
repair.
ENFORCEMENT OF BYLAW
13. The administration and enforcement of this Bylaw is hereby
delegated to the Administrator for the Village of Lake
Lenore.
INSPECTIONS
14.1 The inspection of property by the Municipality to determine
if this Bylaw is being complied with is hereby authorized.
14.2 Inspections under this Bylaw shall be carried out in
accordance with Section 362 of The Municipalities Act.
14.3 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 CONTRAVENTION
15.1 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.
15.2 Orders given under this Bylaw shall comply with Section 364
of The Municipalities Act.
15.3 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
16. If an order is issued pursuant to Section 15.1, 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.
APPEALS OF ORDER TO REMEDY
17. A person may appeal an order made pursuant to Section
15.1 in accordance with Section 365 of The Municipalities
Act.
MUNICIPALITY REMEDYING CONTRAVENTIONS
18.1 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.
18.2 In an emergency, the Municipality may take whatever
actions or measures are necessary to eliminate in
accordance with the provisions of Section 367 of The
Municipalities Act.
RECOVERY OF UNPAID EXPENSES AND COSTS
19. 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.
OFFENCES AND PENALTIES
20.1 No person shall:
a) fail to comply with an order made pursuant to the 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.
20.2 Every person who contravenes any provision of Section 20.1
Guilty of an offence and liable on summary conviction;
a) In the case of an individual a fine of $500
b) In the case of a corporation a fine of $1000 and
c) In the case of a continuing offence, a fine of $100 per
week
COMING INTO FORCE
21. This Bylaw shall come into force on the day of its final
reading.
22. Bylaw 4/2005 is hereby repealed.
Mayor
Administrator
Certified true copy of Bylaw 2/2013
Adopted by resolution of Council
on March 25, 2013.