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BYLAW 6/05
NUISANCE ABATEMENT BYLAW
A Bylaw of the Town of Raymore, in the Province of Saskatchewan, to provide for the abatement
of nuisances within the Town of Raymore.
The Council for the Town of Raymore in the Province of Saskatchewan enacts as follows:
1.
This Bylaw may be cited as The Nuisance Abatement Bylaw.
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 neighbourhood;
b) people=s use and enjoyment of their property; or
c) the amenity of a neighbourhood.
3.
In this Bylaw:
a) ADesignated 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) Abuilding@ means a building within the meaning of The Municipalities Act;
c) AMunicipality@ means the Town of Raymore;
d) ACouncil@ means the Council of The Town of Raymore;
e) Ajunked 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) Anuisance@ 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 neighbourhood;
ii) people=s use and enjoyment of their property; or
iii) the amenity of a neighbourhood
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) Aoccupant@ means an occupant as defined in The Municipalities Act;
h) Aowner@ means an owner as defined in The Municipalities Act;
i) Aproperty@ means land or buildings or both;
j) Astructure@ 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.
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.
5.
No person shall cause or permit a nuisance to occur on any property owned by that
person.
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 deprecates the value of other land or improvements in the neighbourhood;
or
c) is substantially detrimental to the amenities of the neighbourhood.
NUISANCE ABATEMENT BYLAW - 6/05 Page 2
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.
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, Aovergrown@ 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.
11.
Notwithstanding the generality of Section 5, no person shall cause or permit any land or
buildings to become untidy and unsightly.
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.
13.
Notwithstanding the generality of Section 5, no person shall cause or permit any
basement, excavation, drain, ditch, watercourse, 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.
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.
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.
Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or
doors removed.
17.
Fences shall be maintained in a safe and reasonable state of repair.
18.
The administration and enforcement of this Bylaw is hereby delegated to the
Administrator upon direction of the Council of the Town of Raymore as a whole.
19.
The inspection of property by the Municipality to determine if this Bylaw is being
complied with is hereby authorized.
20.
Inspections under this Bylaw shall be carried out in accordance with Section 362 of The
Municipalities Act.
21.
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.
22.
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.
23.
Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act.
24.
Orders given under Bylaw shall be served in accordance with Section 390(1)(a),(b) or (c)
of The Municipalities Act.
NUISANCE ABATEMENT BYLAW - 6/05 Page 3
25.
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.
26.
A person may appeal an order made pursuant to Section 24 in accordance with Section
365 of The Municipalities Act.
27.
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.
28.
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.
29.
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.
30.
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.
31.
Where the Municipality receives voluntary payment of the amount prescribed under
Section 32 within the time specified, the person receiving the Notice of Violation shall
not be liable to prosecution for the alleged contravention.
32.
Payment of any Notice of Violation does not exempt the person from enforcement of an
order pursuant to Section 24 of this Bylaw.
33.
Every person who contravenes any provision of Section 31 is guilty of an offence 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 offence, to a maximum daily fine of not more than $2,500
per day.
34.
This Bylaw shall come into force on the 1st day of January, 2006.
(S E A L)
_____________________________
Mayor
_____________________________
Administrator
Sec. 8(1)(b) & 8 (1)(d)
The Municipalities Act