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TOWN OF LEADER
BYLAW NO. 12/05
NUISANCE ABATEMENT BYLAW
A BYLAW OF THE TOWN OF LEADER, IN THE PROVINCE OF
SASKATCHEWAN, TO PROVIDE FOR THE ABATEMENT OF NUISANCES
WITHIN THE TOWN OF LEADER.
THE COUNCIL OF THE TOWN OF LEADER 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 Municipality Act;
c.
"Municipality" means the Town of Leader;
d.
"Council" means the Council of the Town of Leader;
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
11.
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
111.
the amenity of a neighbourhood and included:
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 Municipality Act;
h.
"owner" means an owner as defined in The Municipality 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.
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TOWN OF LEADER
BYLAW NO. 12/05
NUISANCE ABATEMENT BYLAW
RESPONSIBILTIY:
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.
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.
14.
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MAINTENANCE OF YARDS:
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 tress; or
c.
any sharp or dangerous objects.
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TOWN OF LEADER
BYLAW NO. 12/05
NUISANCE ABATEMENT BYLAW
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 ofrepair.
ENFORCEMENT OF BYLAW:
19.
The Administration and enforcement of this Bylaw is hereby delegated to the
Administrator for the Town of Leader.
20.
The Administrator of the Town of Leader is hereby authorized to further delegate
the administration and enforcement of this Bylaw to the Foreman.
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 362 of The
Municipalities Act.
26.
Orders given under Bylaw shall be served in accordance with Section 390(l)(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.
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28.
APPEAL OF ORDER TO REMEDY:
A person may appeal an order made pursuant to Section 24 in accordance with
Section 365 of The Municipalities Act.
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29.
TOWN OF LEADER
BYLAW NO. 12/05
NUISANCE ABATEMENT BYLAW
MUNICIPALITY REMEDYING CONTRAVENTIONS:
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 Municipality 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 Municipality 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
shall indicate that the Municipality will accept voluntary payment in the sum of
One Hundred ($100.00) Dollars to be paid to the Municipality within five (5)
days.
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.
35.
Payment of nay 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 31 is guilty of an offence
and liable on summary conviction:
a.
in the case of an individual, to a fine of not more than $10,000.00;
b.
in the case of a corporation, to a fine of not more than $25,000.00; and
c.
in the case of a continuing offence, to a maximum daily fine of not more
than $2,500.00 per day.
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TOWN OF LEADER
BYLAW NO. 12/05
NUISANCE ABATEMENT BYLAW
'-
37.
REPEAL OF FORMER BYLAWS:
Bylaw No. 10/04, Land and Building Maintenance Bylaw is hereby repealed.
COMING INTO FORCE:
38.
This Bylaw shall come into force and take effect on the date of the third and final
reading by the Council of the Town of Leader.
JW_
Mayor
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Administrator
Read a third time and thereby adopted this
l" day of November, 2005.
A certified true copy of Bylaw No. 12/05 adopted
by the Council of the Town of Leader this
I st day of November, 2005.
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Administrator
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