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November 29, 2022
CITY OF MEADOW LAKE
NUISANCE ABATEMENT BYLAW
BYLAW NO. 10/2013
with amendments up to and including Bylaw No. 18/2013 passed June 10, 2013, Bylaw No.
10/2016 passed May 9, 2016, Bylaw No. 19/2016 passed August 22, 2016, and Bylaw No.
09/2022 passed November 28, 2022.
by City Council.
================================================================
NOTE:
All persons making use of this consolidation are reminded that this document has no
legal status, that the amendments have been embodied for convenience of reference,
and that the original bylaws should be consulted for all purposes of interpretation and
application of the law. Red highlighted entries indicate the amendments to the bylaw.
==================================================================
Nuisance Abatement Bylaw No. 10/2013
Page 1
CITY OF MEADOW LAKE
BYLAW NO. 10/2013
NUISANCE ABATEMENT BYLAW
A BYLAW OF THE CITY OF MEADOW LAKE, IN THE PROVINCE OF
SASKATCHEWAN, TO PROVIDE FOR THE ABATEMENT OF NUISANCES WITHIN
THE CITY OF MEADOW LAKE.
The Council for the City of Meadow Lake, in the Province of Saskatchewan, enacts
as follows:
I.
INTRODUCTION
1.
Title
This Bylaw may be cited as "The Nuisance Abatement Bylaw".
2.
Purpose
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.
II.
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 Cities Act.
c)
MUNICIPALITY - means the City of Meadow Lake.
d)
COUNCIL - means the Council of the City of Meadow Lake.
e)
JUNKED VEHICLE - means any automobile, tractor, truck, trailer or
other vehicle that
i)
is in a rusted, wrecked, partly wrecked, dismantled, partly
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 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 an object, 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
Nuisance Abatement Bylaw No. 10/2013
Page 2
iii)
the amenity of a neighbourhood.
and includes but is not limited to:
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 Cities Act.
h)
OWNER - means an owner as defined in The Cities Act.
i)
PROPERTY - means land or improvements 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.
k)
UNTIDY and UNSIGHTLY means a condition that is caused due to
the accumulation of any type of materials in any yard, including but
not limited to new or used lumber, cardboard, paper, newspapers,
appliances, tires, cans, barrels, scrap metal, old building materials,
furniture or other waste materials or junk, such that the yard becomes
visually unattractive and negatively affects the value of other
properties in a neighborhood.
l)
GRAFFITI means any drawing, inscription, writing or other mark,
however made on any building, accessory building, fence or other
structure without the prior written authorization of the owner.
III.
REGULATIONS
4.
Responsibility
Unless otherwise specified, the owner of a property, including land,
buildings and structures, shall be responsible for carrying out the
provisions of this Bylaw.
5.
Nuisances Prohibited Generally
No person shall cause or permit a nuisance to occur on any property
owned by that person.
6.
Dilapidated Buildings
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.
Nuisance Abatement Bylaw No. 10/2013
Page 3
7.
Unoccupied Buildings
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.
8.
Overgrown Grass and Weeds
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 0.15
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, grasses
or combinations of them, whether native or non-native, consistent with a
managed and natural landscape other than regularly mown grass.
11. Untidy and Unsightly Property
Notwithstanding the generality of Section 5, no person shall cause or
permit any land or buildings to become untidy and unsightly.
12. Junked Vehicles
Notwithstanding the generality of Section 5, no person shall cause or
permit any junked vehicle to be kept in a manner that contributes to a
nuisance on any land owned by that person.
13. Open Excavations
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. 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; an infestation or den of
skunks, foxes, racoons, badgers or coyotes or other similar wildlife or
feral animals;
b)
any dead or hazardous trees;
c)
any sharp or dangerous objects; or
d)
drainage systems, eave troughs or downspouts to discharge water
runoff onto adjacent properties.
e)
any outdoor feeding stations or structures that purposefully attract,
harbour or feed wildlife or feral animals (excluding pets of the property
and/or birds).
15. Outdoor Storage of Materials
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 and
any outdoor pet feeding stations shall be maintained, so as not to
constitute a nuisance or an attraction or harborage for rodents, vermin,
insects, skunks, foxes, racoons, badgers or coyotes or other similar wildlife
or feral animals (excluding birds).
16. Refrigerators and Freezers
No refrigerators or freezers shall be stored in any yard.
Nuisance Abatement Bylaw No. 10/2013
Page 4
17. Fences
Fences shall be maintained in a safe and reasonable state of repair.
18. Graffiti
Notwithstanding the generality of Section 5, no person shall permit graffiti
to remain on any building, accessory building, fence or on any other
structure on property owned by that person.
IV. ENFORCEMENT
19. The administration and enforcement of this Bylaw is hereby delegated to
the Manager for the City of Meadow Lake.
20. The City Manager of Meadow Lake is hereby authorized to further delegate
the administration and enforcement of this Bylaw.
21. Inspections
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 324 of The Cities 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.
24. Order to Remedy Contraventions
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 328 of The Cities
Act.
26. Orders given under Bylaw shall be served in accordance with Section
347(1)(a), (b) or (c) of The Cities Act.
27. Registration of Notice of Order
If an order is issued pursuant to Section 24, the Municipality may, in
accordance with Section 328 of The Cities 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.
28. Appeal of Order to Remedy
A person may appeal an order made pursuant to Section 24 in accordance
with Section 329 of The Cities Act.
29. Municipality Remedying Contraventions
The Municipality may, in accordance with Section 330 of The Cities 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 331 of The Cities Act.
31. Recovery of Unpaid Expenses and Costs
Any unpaid expenses and costs incurred by the Municipality in remedying
a contravention of this Bylaw may be recovered either:
Nuisance Abatement Bylaw No. 10/2013
Page 5
a)
by civil action for debt in a court of competent jurisdiction in
accordance with Section 332 of The Cities Act; or
b)
by adding the amount to the taxes on the property on which the work
is done in accordance with Section 333 of The Cities Act.
V.
ENFORCEMENT AND PENALTIES
32. Order to Remedy Contraventions
a) If a Designated Officer finds that a person is contravening this Bylaw,
the Designated Officer may, by written order, required the owner or
occupant of the property to which the contravention relates to remedy
the contravention.
b) Orders given under this Bylaw shall comply with Section 328 of The
Cities Act.
c) Orders given under this Bylaw shall be served in accordance with
Section 357 of The Cities Act.
d) A person may appeal an order made pursuant to this section in
accordance with Section 329 of The Cities Act.
33. City Remedying Contravention
a) The City may, in accordance with Section 330 of The Cities Act, take
whatever actions or measures are necessary to remedy a contravention
of this Bylaw.
b) In an emergency, the City may take whatever actions or measures are
necessary to eliminate the emergency in accordance with the
provisions of Section 331 of The Cities Act.
c) Any unpaid costs and expenses incurred by the City in remedying a
contravention of this bylaw may be recovered by either:
i. Civil action for debt in a court of competent jurisdiction in
accordance with Section 322 of The Cities Act; or
ii. Adding the amount to the taxes on the property on which the work
is done in accordance with Section 333 of The Cities Act.
34. Penalties
a) Any person who contravenes any of the provisions of this Bylaw or fails
to comply with an order given under this Bylaw is guilty of an offence
and liable to the penalties as listed in Schedule A attached to this
Bylaw.
b) Any person found guilty of an infraction of this Bylaw, or any part
thereof, for which no penalty is prescribed in Schedule A shall be liable
on summary conviction to the penalties prescribed by the General
Penalty Bylaw of the City.
35. Summons
a) Where any person has committed or is alleged to have committed a
contravention of this bylaw, the Designated Official may serve on such
person a Summons which shall detail the contravention, fine amount
and method of payment.
b) If voluntary payment of the amount specified on the Summons is made
to City Hall within 30 calendar days of the date of the Summons, the
person alleged to have committed the offence shall not be liable to
prosecution for the offence indicated.
c) Where the City receives voluntary payment of the amount prescribed
under Schedule A within the time specified, the person receiving the
Nuisance Abatement Bylaw No. 10/2013
Page 6
Summons shall not be liable to prosecution for the alleged
contravention.
d) Voluntary payment of a Summons shall not exempt that person from
compliance with the requirements of this Bylaw.
e) Nothing in this section shall be construed to prevent any person from
exercising his or her right to defend a charge of contravention of any
provision of this Bylaw.
36.
Cancellation of Notices/Orders
A bylaw enforcement officer designated by the City of Meadow Lake,
peace officer, or the City Manager may, at their discretion, cancel any
notice of violation or order where that notice or order was issued
improperly or in error.
VI. GENERAL
37.
If any section, subsection, sentence, clause, phrase or other portion of
this bylaw is for any reason held invalid or unconstitutional by any Court
of competent jurisdiction, that portion shall be deemed a separate,
distinct and independent provision and the holding of the Court shall not
affect the validity of the remaining portions.
38.
Bylaw No. 13/2005 is hereby repealed.
39.
This Bylaw shall come into force on the date of passage.
Introduced and read this 22nd day of April, 2013.
Read a second time this 13th day of May, 2013.
Read a third time and adopted this 13th day of May, 2013.
_____________________
______________________
CITY CLERK
MAYOR
Nuisance Abatement Bylaw No. 10/2013
Page 7
SCHEDULE A - PENALTIES
Section
Offence
Penalty
1st Offence
Subsequent
Offences
6 Cause or permit a building or
structure to deteriorate into a
ruinous or dilapidated state.
*plus costs to enforce an
order to remedy
$250.00
$500.00
8 Cause or permit the land to
be overgrown with grass or
weeds.
*plus costs to enforce an
order to remedy
$75.00
$150.00
11 Cause or permit any land or
buildings to become untidy
and unsightly
*plus costs to enforce an
order to remedy
$150.00
$250.00
12 Cause or permit any junked
vehicle to be kept in a
manner that contributes to a
nuisance on any land owned
by that person.
*plus costs to enforce an
order to remedy
$150.00
$250.00
13 Permitting an open
excavation dangerous to
public safety or health.
*plus costs to enforce an
order to remedy
$250.00
$500.00
14 Maintenance of Yards
(sections a-e inclusive).
*plus costs to enforce an
order to remedy
$150.00
$250.00
15 Outdoor storage causing or
permitting a nuisance,
attraction or harborage for
wildlife.
*plus costs to enforce an
order to remedy
$100.00
200.00
16 Storing refrigerators or
freezers in a yard.
*plus costs to enforce an
order to remedy
$75.00
$150.00
17 Failure to maintain fence in a
safe and reasonable state of
repair.
*plus costs to enforce an
order to remedy
$150.00
$250.00
18 Failure to remove graffiti from
property.
*plus costs to enforce an
order to remedy
$75.00
$150.00