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VILLAGE OF RICHMOUND
Bylaw No. 2 - 2018
A BYLAW TO PROVIDE FOR THE ABATEMENT OF
NUISANCES WITHIN THE VILLAGE OF RICHMOUND
The council for the Village of Richmound, 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 as well as issue
remedial orders pursuant to this Bylaw;
b)
"Building" means a building within the meaning of The Municipalities
Act;
c)
"Municipality" means the Village of Richmound;
d)
"Council" means the Council of the Village of Richmound;
e)
"Junked vehicle" means any automobile, tractor, truck, trailer/RV 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,
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:
1. A building in a ruinous or dilapidated state of repair;
2. An unoccupied building that is damaged and is an
imminent danger to public safety;
3. Land that is overgrown with grass and weeds;
4. Untidy and unsightly property;
5. Junked vehicles; and
6. Open excavations on property;
g)
"Occupant" or "owner" means an occupant or owner as defined in The
Municipalities Act;
h)
"Property" means land or buildings or both;
i)
"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 pavement, curbs, walks or open air surfaced areas.
j)
"Untidy" means lands or buildings that are in a disorderly, slovenly and
littered condition and are not kept in generally good order;
k)
"Unsightly" means lands or buildings that are unpleasant to look at.
l)
"Temporary" means 10 days.
Nuisance Abatement Bylaw
Page 2
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 any 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 0.4 meters 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 or 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. Any expenses incurred will be
charged to the owner.
RV & Utility Trailers
13. RV & Utility trailers are allowed to use the boulevards on a temporary basis from May
1 till September 30. The trailer cannot extend onto the street or sidewalk, and slides and
awnings must be retracted. Special circumstances may be granted by council, upon
written request.
Open Excavations
14. 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
15. Notwithstanding the generality of Section 5, no person shall cause or permit on any
property owned by that person:
i. an infestation of rodents, vermin or insects;
ii. any dead or hazardous trees; or
iii. any sharp or dangerous objects.
Outdoor Storage of Materials
16. 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.
Nuisance Abatement Bylaw
Page 3
17. Materials referred to in Section 15 shall be elevated at least 0.15 meters off the ground
and shall be stacked at least 2.0 meters from the exterior walls of any building and at least
1.0 meter from the property line.
Refrigerators and Freezers
18. Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or
doors removed.
Fences
19. Fences shall be maintained in a safe and reasonable state of repair.
Enforcement of Bylaw
20. The administration and enforcement of this Bylaw is hereby delegated to the
administrator/clerk for the Village of Richmound.
21. The administrator/clerk shall consult with council prior to commencement of any
inspections or issuance of orders pursuant to this Bylaw.
22. The administrator/clerk is hereby authorized to further delegate the administration and
enforcement of this Bylaw to the Mayor and/or any member of Council.
Inspections
23. The inspection of property by the Municipality to determine if this Bylaw is being
complied with is hereby authorized.
24. An inspection will be conducted once a complaint is received by the designated officer
from a ratepayer or council member.
25. Inspections under this Bylaw shall be carried out in accordance with Section 362 of The
Municipalities Act.
26. 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
27. If a Designated Officer finds that a person is contravening this Bylaw, the Designated
Officer may, after consulting with council and by written order, require the owner or
occupant of the property to which the contravention relates to remedy the contravention.
28. Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act.
29. Orders given under this Bylaw shall be served in accordance with Section 390 (1)(a), (b) or (c)
of The Municipalities Act.
Registration Of Notice Of Order
30. If an order is issued pursuant to Section 26, 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
31. A person may appeal an order made pursuant to Section 26 in accordance with Section 365 of
The Municipalities Act.
32. An appeal does not constitute a stay of the order pursuant to Section 26 of this Bylaw.
Municipality Remedying Contraventions
33. 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.
34. In an emergency, the Council for the Village of Richmound is hereby authorized to 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
35. 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.
Nuisance Abatement Bylaw
Page 4
Offences And Penalties
36. No person shall:
c. Fail to comply with an order made pursuant to this Bylaw;
d. Obstruct or interfere with any Designate Officer or any other person acting under
the authority of this Bylaw; or
e. Fail to comply with any other provision of this Bylaw.
37. 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 $250.00 to be paid to the Municipality within Thirty days.
38. Where the Municipality receives voluntary payment of the amount prescribed under
Section 34 within the time specified, the person receiving the Notice of Violation shall
not be liable to prosecution for the alleged contravention.
39. Payment of any Notice of Violation does not exempt the person from enforcement of an
order pursuant to Section 25 of this Bylaw.
40. Every person who contravenes any provision of Section 36 is guilty of an offence and
liable on summary conviction:
f. In the case of an individual, to a fine of not more than $10,000.00; and
g. In the case of a corporation, to a fine of not more than $25,000.00; and
h. In the case of a continuing offence, to a maximum daily fine of not more than
$2,500.00 per day.
41. Bylaw No. 1-2015 is hereby repealed.
Read a third time and adopted this _____ day of _______________________ 2018.
Mayor
SEAL
Administrator