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M:\Office Documents\Office Files\Bylaws\2006\2006-02 Nuisance Abatement Bylaw.doc
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TOWN OF LANGHAM
BYLAW NO. 2006-02
A BYLAW TO PROVIDE FOR THE ABATEMENT OF NUISANCES
The council for the Town of Langham 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 Town of Langham;
d) "Council" means the Council of the Town of Langham;
e) "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
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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;
f) "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.
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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.
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Open Excavations
13. 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
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.
Outdoor Storage of Materials
15. 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 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.
Refrigerators and Freezers
17. 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
for the Town of Langham.
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20. The Administrator of the Town of Langham is hereby authorized to further delegate the
administration and enforcement of this Bylaw to the Corman Park Police.
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.
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.
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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.
Offences and Penalties
32. No person shall:
a) fail to comply with an order made pursuant to this 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.
33. 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 One Hundred
dollars ($100.00) to be paid to the Municipality within Fourteen (14) days.
34. Where the Municipality receives voluntary payment of the amount prescribed under Section
33 within the time specified, the person receiving the Notice of Violation shall not be liable
to prosecution for the alleged contravention.
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35. Payment of any Notice of Violation does not exempt the person from enforcement of an
order pursuant to Section 24 of this Bylaw.
36. 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.
Coming Into Force
37. This Bylaw shall come into force on the day of its final passing.
INTRODUCED AND READ A FIRST TIME THIS 30th Day of January A.D. 2006.
READ A SECOND TIME THIS 30th Day of January A.D. 2006.
READ A THIRD TIME AND PASSED THIS 30th Day of January A.D. 2006.
____________________
__________________________
MAYOR
ADMINISTRATOR