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TOWN OF NOKOMIS
BYLAW NO. 2013 - 06
BYLAW TO PROVIDE FOR THE ABATEMENT OF NUISANCES
The council for the Town of Nokomis 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 neighborhood;
b)
people's use and enjoyment of their property; or
c)
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;
b)
"building" means a building within the meaning of The
Municipalities Act;
c)
"Municipality" means the Town of Nokomis;
d)
"Council" means the Council of the Town of Nokomis;
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
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 a thing, or an activity
that adversely affects or may adversely affect:
i) the safety, health or welfare of people in the
neighborhood;
ii) people's use and enjoyment of their property; or
iii) the amenity of a neighborhood
and includes:
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 Municipalities Act;
h)
"owner" means an owner 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 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.
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.
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.
Maintenance of Yards
14. 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
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 of repair.
Enforcement of Bylaw
19. The administration and enforcement of this Bylaw is hereby delegated to the
Administrator/Clerk for the Town of Nokomis.
20. The Administrator/Clerk of the Town of Nokomis is hereby authorized to
further delegate the administration and enforcement of this Bylaw to the
Designated Officer.
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 364 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:
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.
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
Notice of Violation shall indicate that the Municipality will accept voluntary
payment in a sum that will determined by the council to be paid to the
Municipality within fifteen 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:
a)
in the case of an individual, to a fine of not more than $10,000;
b)
in the case of a corporation, to a fine of not more than $25,000;
and
c)
in the case of a continuing offense, to a maximum daily fine of not
more than $2,500 per day.
Coming Into Force
38. This Bylaw shall repeal Bylaw 2005-06.
____________________________
Mayor
{Seal}
___________________________
Administrator
Sections 8(1) (b) & 8(1) (d) The Municipalities Act
Read a third time and adopted
This___ th day of August , 2013
______________________________
Administrator