Nuisance Abatement Bylaw 2006-4 — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot c00f56ae7379 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## BYLAW NO. 2006-4 MA ## Nuisance Abatement Bylaw A BYLAW of the Town of Milestone, in the Province of Saskatchewan, to provide the abatement of nuisances within the Town of Milestone. THE COUNCIL FOR THE TOWN OF MILESTONE, IN THE PROVINCE OF SASKATCHEWAN ENACTS AS FOLLOWS: ## Short Title 1. This bylaw shall 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: 2. The safety, health or welfare of people in the neighborhood; 3. People's use and enjoyment of their property; or 4. The amenity of a neighborhood. ## 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; - c) "Municipality" means the Town of Milestone. - b) "Building" means a building within the meaning of The Municipalities Act; - d) "Council" means the Council of the Town of Milestone. - e) "junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that - 1) has no valid license plates attached to it; or 8. is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and 9. (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; 12. (i) the safety, health or welfare of people in the neighborhood; 13. "nuisance" means a condition of property, or a thing, or an activity, that adversely affects or may adversely affect: 14. (ii) the people's use and enjoyment of their property; or 15. (iii) the amenity of a neighborhood and includes: 16. (i) a building in a ruinous or dilapidated state of repair; 17. (ii) an unoccupied building that is damaged and in an imminent danger to public safety; 18. (iii) land that is overgrown with grass and weeds; 19. (iv) untidy and unsightly property; 20. (v) junked vehicles; and 21. (vi) open excavations on property; 22. "owner" means an owner as defined in The Municipalities Act; - g) "occupant" means an occupant 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 located 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 owners 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. 9. For the purpose of this section, "overgrow" means in excess of 0.20 meters in height. 10. This section shall not apply to any growth which forms part of a natural garden that has 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 o 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: 2. 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 meters off the ground and shall be stacked at least 3.0 meters from the exterior walls of any building and at least 1.0 meter 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 Milestone. 20. The Administrator of Milestone is hereby authorized to further delegate the administration and enforcement of this Bylaw to the Administrator Assistant, Bylaw Enforcement Officer, Peace Officer or other party deemed appropriate by the Administrator ## Inspections 21. The inspection of property by the Municipality to determine if this Bylaw is being complied with is hereby authorized. 22. Inspection 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 (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. ## 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: - 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. - a) By civil action for debt in a court of competent jurisdiction in accordance with Section 368 of The Municipalities Act; or ## Offences And Penalties 32. No person shall: - b) Obstruct or interfere with any Designated Officer or any other person acting under the authority of this Bylaw; or - a) Fail to comply with an order made pursuant to this Bylaw; - c) Fail to comply with any other provisions 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 Two Hundred and Fifty Dollars ($250.00) to be paid to the Municipality within thirty (30)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. 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 offense and liable on summary conviction: 9. In the case of a corporation, to a fine of not more than $25,000; and 10. In the case of an individual, to a fine of not more than $10,000; 11. In the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day.  ## Repeal Of Former Bylaws 37. Bylaw # and all amendments thereto are hereby repealed. ## Coming Into Force 38. This Bylaw shall come into force on the day of its final passing. INTRODUCED AND READ A FIRST TIME THIS 17T DAY OF JANUARY 2006. READ A SECOND TIME THIS 17'H DAY OF JANUARY 2006. READ A THIRD AND FINAL TIME ON THE UNANIMOUS CONSENT IOF THE COUNCIL PRESENT THIS 17TH DAY OF JANUARY 2006.     OF MILESTO, cal (Seal) SASKATCHENAN Mayor Administrator Sections 8(1)(b) & 8(1)(d) The Municipalities Act Certified a true copy of the original Bylaw passed by the resolution of the Council present at their regular meeting Held on January 17, 2006. Ernest P. Audett Administrator