Property Maintenance and Nuisance Abatement Bylaw No. 2014-MC-16
Maple Creek, Saskatchewan
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TOWN OF MAPLE CREEK
BYLAW NO. 2014-MC-16
Page 1 of 5
A BYLAW OF THE TOWN OF MAPLE CREEK, IN THE PROVINCE OF
SASKTACHEWAN, TO PROVIDE FOR THE MAINTENANCE OF PROPERTY AND
THE ABATEMENT OF NUISANCES IN THE TOWN OF MAPLE CREEK.
The Council for the Town of Maple Creek, in the Province of Saskatchewan enacts as
follows:
Short Title
1.
This Bylaw may be cited as "The Property Maintenance and 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 neighborhood;
b)
people's use and enjoyment of their property; or
c)
the amenity of a neighborhood.
Definitions
3.
In this Bylaw:
a)
"Act" means The Municipalities Act;
b)
"Boulevard" means the strip of land that lies between a property line and a
street or avenue;
c)
"Building" means a building within the meaning of The Municipalities Act;
d)
"Council" means the Council of the Town of Maple Creek;
e)
"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;
f)
"Junked vehicle" means any automobile, tractor, truck, trailer or other
vehicle that either:
i)
1.
has no valid license plates attached to it or proper insurance;
OR
2.
is in a rusted, wrecked, partly wrecked, dismantled, partly
dismantled, inoperative or abandoned condition; and
ii)
or is located on private land, but:
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;
g)
"Lane" means the right of way that provides vehicle access to the rear of a
property;
h)
"Municipality" means the Town of Maple Creek;
i)
"Nuisance" means a condition of property, or a thing, or an activity that
adversely affects or may adversely affect:
j)
the safety, health or welfare of people in the neighborhood;
i)
people's use and enjoyment of their property; or
ii)
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;
TOWN OF MAPLE CREEK
BYLAW NO. 2014-MC-16
Page 2 of 5
k)
"Occupant" means an occupant as defined in The Municipalities Act;
l)
"Owner" means an owner as defined in The Municipalities Act;
m)
"Proper Insurance" means having adequate coverage of liability insurance
on personnel property against a loss.
n)
"Property" means land or buildings or both;
o)
"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.
p)
"Unsightly" means lands or buildings that are unpleasant to look at or are
aesthetically objectionable.
q)
"Untidy" means lands or buildings that are in a disorderly, slovenly and
littered condition and are kept in generally poor order.
r)
"Vehicle" means a "motor vehicle" as defined in The Traffic Safety Act or
any Act as may be passed in its stead from time to time and includes a
device in, upon or by which a person or thing is or may be transported or
drawn upon a street and includes special mobile machines and
agricultural implements, and for the purpose of parking and stopping
restrictions, includes any portion of a vehicle but does not include a
wheelchair.
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.
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
neighborhood; or
c)
is substantially detrimental to the amenities of the neighborhood.
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, and for the
purposes of this Section:
a)
the owner or occupant's obligation shall include any portion of a boulevard
that is adjacent to the frontage of the property in question; and
b)
the owner or occupant's obligation shall also include the buffer adjacent to
the rear of a property between the property line and the lane.
9.
For the purposes of this section, "overgrown" means in excess of 0.15 metres (6
inches) 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 or combinations thereof.
TOWN OF MAPLE CREEK
BYLAW NO. 2014-MC-16
Page 3 of 5
11.
Owners or occupants of a property shall ensure that the overgrown vegetation is
cut and trimmed within thirty-six (36) hours of the receipt of notification of
violation;
a. Notification of violation shall be left at the premises, via door, noting the time
frame required to rectify the overgrown vegetation.
b. Failure to comply with the notification by the date set forth; the Town of Maple
Creek will proceed to undertake action to remedy the contravention; and
That all costs will be added to, and thereby forms part of, the taxes on the
property.
Parking:
12.
a)
No person shall park or store any vehicle in any private parking place or
on any private property, unless he/she is the owner, occupant, licensee or
permittee of the parking place or private property, except with the consent
of such owner, occupant, licensee or permittee.
Untidy and Unsightly Property
13.
Notwithstanding the generality of Section 5, no person shall cause or permit any
land or buildings to become untidy and unsightly.
Junked Vehicles
14.
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
15.
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
16.
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
17.
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 harbourage for rodents, vermin and insects.
18.
Materials referred to in Section 16 shall be elevated at least 0.15 metres (6
inches) off the ground and shall be stacked at least 1.0 metres (3 feet 3 inches)
from the exterior walls of any building and at least 1.0 metres (3 feet 3 inches)
from the property line.
Refrigerators and Freezers
19.
No refrigerator or freezer shall be stored in any yard.
Fences
20.
Fences shall be maintained in a safe and reasonable state of repair.
(a fence that fails to be self-supporting)
TOWN OF MAPLE CREEK
BYLAW NO. 2014-MC-16
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Enforcement of Bylaw
21.
The administration and enforcement of this Bylaw is hereby delegated to the
Administrator for the Town of Maple Creek.
22.
The Administrator of the Town of Maple Creek is hereby authorized to further
delegate the administration and enforcement of this Bylaw to the Town Foreman
for the Town of Maple Creek, the Bylaw Enforcement Officer for the Town of
Maple Creek, or any other Town employee, person or agency deemed
appropriate to carry out the actions and responsibilities contained herein.
Inspections
23.
The inspection of property by the Municipality to determine if this Bylaw is being
complied with is hereby authorized.
24.
Inspections under this Bylaw shall be carried out in accordance with Section 362
of The Municipalities Act.
25.
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
26.
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.
27.
Orders given under this Bylaw shall comply with Section 364 of The
Municipalities Act.
28.
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
29.
If an order is issued pursuant to Section 25, 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
30.
A person may appeal an order made pursuant to Section 25 in accordance with
Section 365 of The Municipalities Act.
Municipality Remedying Contraventions
31.
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.
32.
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
33.
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.
TOWN OF MAPLE CREEK
BYLAW NO. 2014-MC-16
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Offences and Penalties
34.
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.
35.
Every person who contravenes any provision of Section 33 is guilty of an offence
and liable on summary conviction:
a)
in the case of an individual, to a fine of not less than $50.00 and not more
than $10,000.00;
b)
in the case of a corporation, to a fine of not less than $100.00 and not
more than $25,000.00; and
c)
in the case of a continuing offence, to a maximum daily fine of not less
than $50.00 and not more than $2,500.00 per day.
Coming Into Force
36.
Bylaw No. 2014-MC-11 is hereby repealed.
37.
This Bylaw shall come into force upon third reading and final adoption by the
Council of the Town of Maple Creek.
THE OFFICIAL DOCUMENT HAS BEEN DULY SIGNED BY AUTHORIZED MUNICIPAL OFFICIALS
_______________________
Mayor
(SEAL)
___
_
Administrator
ADOPTED BY COUNCIL ON JULY 9, 2014