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RESORT VILLAGE OF METINOTA
BYLAW NO. 9/06
A BYLAW TO PROViDE FOR THE ABATEMENT OF NUISANCES
I) This Bylaw may be cited as The Nuisance Abatement ByIaw
2) The purpose ofth王s Bylaw is to provide for the abatement ofnuisances, jncludlng
P「OPe巾y activities・ Or things that adverseIy affect:
a) the safety, health or welfare ofpeopIe in the neighbourhood,
b) peop量e,s use and e中vyment oftheir property o「
C) the amenily ofa nejghboし'「hood.
De簡n ition s
3) Inthi§Bylaw
a) "Designated O飾ce「,, means an emp`oyee or agent ofthe Municipality appointed
by Councii to act as a municIPal inspector for the pu「poses ofthis ByIaw;
b) "building,, means a building within the meaning of 7みe施unic垂諸'ies act,
C) ``MunicipaJity7, means the Resort V刑age ofMetinota,
d) "CounciI" means the Council ofthe Resort ViIlage ofMetinota;
e月unked vehic]e,, means any automobi霊e, traCtOr, truCk, t「ai萱e「 o「 other vehic]e that
i eithe重:
1) has no valid license plates attached to it, Or
2) is in a rusted'WreCked'Pa申y WreCkedつdismant漢ed, Partly dismantled,
inoperative or abandoned conditions, and
ii is located onprivateland, butthat.
l) is not within a structu「e e「ected in accordance wlth any Bylaw
「espectしng the crection ofbuildings and structures in force within the
Municipa量ity, and
2) does not fom a part ofa business enterprise lawfully being operated
On that land,
f) ``nulSanCe''means a condition ofproperty or a thing, O「 an aCtivity, that adversely
a餓穎S Or may adverse】y a鱈ect.
i the safety, health o「 welfむ-e Ofpeople in the neighbou「hood,
ii people's use and erjoyment oftheir property, O「
iii言he amenity ofa neighbourhood
and inclu〔ies-
上∴a buil(血g in a ruinous or dilapidated state of「epal「,
1上an unOCCuPied bu潤ing that is damaged and is an imminent danger to public
Sa鰐1y音
iii land tlrat is overg「own with g「ass a皿d weeds;
iv untidy and unsightly property
V Ju漢止ed vehicles; and
Vi. open excavations on property,
g) "`occupant" means an occupant as defined in Z77e M!mi叩'alities Aci,
h) "owner means an owner ofdefined in 7he Mmicやa擁諺sAc/;
i) ``prope重サ'means land or building or both,
」) "s血ctu「e"'means anythi鳴e「ected or constructed, the use ofwhich 「equires
亡empora「y or permanent location on, O「 SuPPOrt Of; the soll, O「 attaChed to
SOmething having permancnt location on the ground o「 soil, but not including
PaVementS, Curbs, Walks or open ai「 surfaced a「eas
Respo重ISi刷ity
4 Unless othe「wise §PeC前od, the owner ofa p「opeIty, inc]uding land, bu主ldings and
StIuCtureSつSha看l be responsible for carrying out the p「ovisIOnS Ofthis Bylaw
Nui§aIICe§ Prohibitcd Ge皿era!ly
5 No personal shall cause or pe「mit a nu王sance to occu「on any property owned by that
pe「SOn
Dilapidated Bu珊ings
6 Notwlthstandlng the generality ofSection 5, nO PerSOn Shall cause o「 pemjt a
building o「 stmCture tO detenorate into a ruinous or d]1apidated state such that the
building o「 structure
a) is dangerous to the public hea皿or safety;
b) substantially dep「eciates the value ofother land or imp「ovements in the
neighbou「hood; Or
C) is substanlla=y detrimentaI to血e amenlties ofthe neighbourhood
Unoccupied Buil億ings
7 Notwithstanding the generalit)′ OfSection 5, nO PerSOna Sha= cause o「 pe「mit aき一
moccupied building to become damaged o「 to deterlOrate lntO a State OfdlS「ePal「
SuCh that the building is an imminent danger to public saf引y
OveI.grOWn G「ass and Weeds
8 NotWithstanding the generality ofSection 5, nO OWner Or OCCuPant Ofland shall cause
Or Permit the land to be ove「glOWn With grass o「 weeds
9 Fo「 the purpo紀s ofthis section, "OVergrOWn''means in excess ofO 20 meters in
height
10 This section shall not apply to any growth which foms part ofa natural garden that
has been deliberately planted to produce ground ∞Ver言ncluding one or more species
OfwiI〔lflowers, Shrubs, Perenmals, g「aSSeS Or COmbinations ofthem, Whethe「 natjve
Or nOn-natlVe, COnSIStent With a managed and natura1 1andscape othe「 than 「egula「ly
mOWn g「aSS
Untidy and Unsight!y Property
1 1 No亡withstanding the generality ofSection 5, nO PerSOn Sha漢l cause o「 pemit any land
Or building to become untldy and unsightly
Junkcd Vchidc$
】 2 Notwlthstand主ng the generali章y of Section 5, nO Pe「SOn Sha11 cause o「 pemit any
」unked vehicle to be kept on any ]and owned by that pe「son
Ope皿Exc貧vations
13 Notwithstanding the generality ofSection 5, nO Pe「SOnal shall cause o「 pemit any
basement, eXCavation, drailしditch, Water∞urSe, Pond, Surface water, Swimmlng POOI
O「 Othe「 struc山「e to exist in or on any private land o「 in o「 about any building or
StruCtllre Which js dangerous to the public safely or health
Maintenance of Yards
14 Notwithstanding the generalily ofsection 5, nO Pe「SOn Sha重I cause or permit on any
PrOPerty OWned by that pers。n
a) an infestation of「odents, Vemm O「 l録SeCtS.
b) any dead 。「 haza「dous trees, Or
C) any sharp or dange「ous o申ects
Outdoor Storag信Of Materials
1 5 Any building materials,置umbe「, SC「aP meta上boxes or similar items sto「ed in a yal-d
Shall be neatly stacked in piles and elevated offthe ground so as not to constitute a
nuisance or harborage for rodents, Ve「min o「 insects_
16 Materials referred to in Section 1 5 sha11 be elevated at least O 15 meters offthe
ground and shall be stacked ar烏ast 3 0 meters from the exterior walls ofany building
and at least 1 0 meter from the property血e
Refrigerator§ and Freezers
1 7 Any refrjgerator o「 freeze「宣eft in a yard sha= first have its hinges, latches, 11d, door o「
d--「s 「emoved
Fence§
18 Fences sha= be maintained in a safe and reasonab」e §tate Ofrepaj「
Enforcement of Bylaw
19 The administration and enforcement ofthis Bylaw is hereby delegated to the Cle「k
fo「 the Resort Vi11age ofMetinota
20 The Clerk ofthe Resort Village ofMetinota is he「eby authorized to fu血e「 delegate
the admimStrat壬on and enforcement ofthis Bylaw to the elected Mayo「 and Council
Of the Resort Village of Metinota
量!1S peetioll§
21 The inspection ofproperty by the Municipality to detemine ifthis Bylaw is being
COmPlied with is hereby authorized
22 Inspections under this Bylaw sha11 be carried out in accordance with Section 362 of
The Municip描ties Act
23 No personal shall obstruct a Designated O節cer who is authorized to ∞nduct an
mspection under this sectlOn, Or a PerSOn Who is assISting a Designated Officer
O「der to Remedy Contraventions
24 Ifa Designated Officer f nds that a person is cont「avenmg this Bylaw, the Deslgnated
O餓cer may, by written o「de「工equire the owner or occupant ofthe property to which
the cont「avention 「elates to 「emedy the cont「avention
25. O「ders given under this Bylaw sha= comply with Section 364 of 7乃eMzm7C碓)alJ′7eS
Acl,
26 O「ders given unde「 Bylaw shall be served in a∞Ordance with Section 390(1)(a), (b)
Or (C) of r77e M撮nic互,a初es Ac/
27 If an o「der is ISSued pursuant tO Sectun 24, the MunlCIPality may言n accordance with
sectlOn 364 ofThe血cipalltleS Ac函notice ofthe existence Ofthe order by ¥,
「eglSterlng an lntereSt against the tltle to the land that is the subject ofthe order
28 A person may apPeaha orde「 made purs融tO Section 24 in acc。rdance wlth
section 365 of 77'e M"n坤aI71ies Act
Municipa串y Re-nedying Contraventions
29 The MunlCIPallty may ln aCCOrdance with SectlOn 366 of 77'e肋c,pa/,'zeS Ac埠ke
whatever aCtlOnS Or meaSu「eS are neCeSSary tO remedy a contravention of thlS Bylaw
30 In an emergeney, the MunicIPalrty may take whatever actions or meaSureS are
necessary to ediminate the eme「geney in accordance wlth the provISions of Section
367 of 777e M緬昨alit,e5 J4c/
Recovery Of U叩aid ExpenseS肌d Costs
3 1 Any unpaid叩enseS and costs inc皿ed by the Municipality m remedying a
contravention of this Bylaw may be re∞Vered either,
a"y cIVil action for debt ln a COurt ofcompetent ju「isdiction ln aCCOrdance wlth
section 368 of 77,e Mu,n移卸IitiesAc左C r
b) by addlng the amount tO the t舶On the property on whlCh the work lS done ln
accorda【lCe With Section 369 of 77'e胸w硬`諦船4c1
0鯖ence§ and Penalties
a) fail to comply wlth an order made pur§uant tO this Bylaw,
b) obstmct or lnterfere wlth arly Designated Office「 o「 any Other persona aCtlng
under the authority ofthis Bylaw・ Or
c) fait to comply with any other provISIOn Ofthis Bylaw
33 A Designated Officer who has 「eason to believe that a person has contravened any
PrOVision ofthis By量aw may se「ve on that person a Notice ofViolation, Which NotlCe
OfVIOlatlOn Sha旧ndicate that the Municipality w紺accept voluntary paymei「白n the
Sum Ofone hundred dollars ($100 00) to be paid to the Municipality within幽rty (30)
days
34 Where the Municipality receives vol皿tary payment ofthe amount prescribed under
Section 33 within the time spec揺ed, the pe「son receiving the Notice ofVio事ation
Sha= not be liable to prosecution for the a11eged cont「aventjon
35- Payment ofany Notice ofVioIation does not exempt the person from enforcement of
an orde「 pursuant to Section 24 ofthis Bylaw
36 Every person who contrave皿eS any Provision ofSection 32 js guilty ofan o塙ence and
liable on summary conviction:
a) in the case ofan mdividual, tO a fine ofnot mo「e than $10,000
b)一n the case ofa co「poration, tO a fine ofnot mol.e than $25,000; and
C) in the case ofa contlIⅢing offence, tO a maXimum daliy fine ofnot more than
$2,500 pe「 day_
Coming IIltO Force
37 Th`S Bylaw shall come lntO force on the day ofits final passing