Rural Municipality of Arlington No. 79, Saskatchewan
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## RURAL MUNICIPALITY OF ARLINGTON NO. 79 BYLAW NO. 311
## NUISANCE ABATEMENT BYLAW
A Bylaw of the Rural Municipality of Arlington No. 79, in the Province of Saskatchewan, to provide for the abatement of nuisances within the Rural Municipality of Arlington No. 79.
The Council for the Rural Municipality of Arlington No. 79, in the Province of Saskatchewan enacts as follows:
## Short Title
| | This Bylaw may be cited as "The Nuisance Abatement Bylaw". | This Bylaw may be cited as "The Nuisance Abatement Bylaw". | This Bylaw may be cited as "The Nuisance Abatement Bylaw". |
|-------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------|
| Purpose | Purpose | Purpose | Purpose |
| | The purpose of this Bylaw is to provide for the abatement of nuisances, including property, activities, or things that adversely affect: | The purpose of this Bylaw is to provide for the abatement of nuisances, including property, activities, or things that adversely affect: | 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; | the safety, health or welfare of people in the neighborhood; |
| b) | | people's use and enjoyment of their property; or | people's use and enjoyment of their property; or |
| | | c) the amenity of a neighborhood. | c) the amenity of a neighborhood. |
| Definitions | Definitions | Definitions | Definitions |
| 3. | In this Bylaw: | In this Bylaw: | In this Bylaw: |
| a) | | "Act" means The Municipalities Act; | "Act" means The Municipalities Act; |
| b) | | "Building" means a building within the meaning of The Municipalities Act; | "Building" means a building within the meaning of The Municipalities Act; |
| c) | | "Council" means the Council of the Rural Municipality of Arlington No. 79; | "Council" means the Council of the Rural Municipality of Arlington No. 79; |
| d) | | "Designated Officer" means an employee or agent of the Municipality appointed | "Designated Officer" means an employee or agent of the Municipality appointed |
| e) | | by Council to act as a municipal inspector for the purposes of this Bylaw; | by Council to act as a municipal inspector for the purposes of this Bylaw; |
| | | "Junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that i) either: | "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 is located on private land, but that: is not within a structure erected in accordance with any Bylaw |
| | | 2. | respecting the erection of buildings and structures in force within the Municipality; and |
| | | | does not form a part of a business enterprises lawfully being operated on that land; |
| | "Municipality" means the Rural Municipality of Arlington No. 79; "Nuisance" means a condition of property, or a thing, or an activity, that adversely | "Municipality" means the Rural Municipality of Arlington No. 79; "Nuisance" means a condition of property, or a thing, or an activity, that adversely | "Municipality" means the Rural Municipality of Arlington No. 79; "Nuisance" means a condition of property, or a thing, or an activity, that adversely |
| | | affects or may adversely affect: the safety, health or welfare of people in the neighborhood; | affects or may adversely affect: the safety, health or welfare of people in the neighborhood; |
| | | people's use and enjoyment of their property; or | people's use and enjoyment of their property; or |
| | | 1. | the amenity of a neighborhood and includes: |
| | | | a building in a ruinous or dilapidated state of repair; an unoccupied building that is damaged and is an imminent danger to public safety; |
| | | 3. | land that is overgrown with grass and weeds, or other vegetation; |
| | | 4. | untidy and unsightly property; |
| | | 5. 6. | junked vehicles; and |
| | open excavations on property; "Occupant" means an occupant as defined in The Municipalities Act; | open excavations on property; "Occupant" means an occupant as defined in The Municipalities Act; | open excavations on property; "Occupant" means an occupant as defined in The Municipalities Act; |
| i) | "Owner" means an owner as defined in The Municipalities Act; | "Owner" means an owner as defined in The Municipalities Act; | "Owner" means an owner as defined in The Municipalities Act; |
| j) | | | |
| | "Property" means land or buildings or both; | "Property" means land or buildings or both; | "Property" means land or buildings or both; |
| k) | "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. | "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. | "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. |
| 1) | "Unsightly" means lands or buildings that are unpleasant to look at or are aesthetically objectionable. | "Unsightly" means lands or buildings that are unpleasant to look at or are aesthetically objectionable. | "Unsightly" means lands or buildings that are unpleasant to look at or are aesthetically objectionable. |
- m) "Untidy" means lands or buildings that are in a disorderly, slovenly and littered condition and are kept in generally good order.
2. "Emergency" means a situation in which there is imminent danger to public safety or serious harm to property.
## Responsibility
- 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
- No person shall cause or permit a nuisance to occur on any property owned by that
## Dilapidated Buildings
- 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; neighborhood; or I treble al raro ter and or improvements in the
- 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.
## Untidy and Unsightly Property
8. Notwithstanding the generality of Section 5, no person shall cause or permit any land or buildings to become untidy and unsightly.
## Junked Vehicles
9. 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
10. 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
11. Notwithstanding the generality of section 5, no person shall cause or permit on any property owned by that person:
2. any dead or hazardous trees; or
- a) an infestation of rodents, vermin or insects;
- c) any sharp or dangerous objects.
## Outdoor Storage of Materials
- 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.
13. Materials referred to in Section 12 shall be elevated at least 0.15 metres off the ground and shall be stacked at least 1.0 metres from the exterior walls of any building and at least 1.0 metres from the property line.
## Refrigerators and Freezers
- Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors removed.
## Fences
15. Fences shall be maintained in a safe and reasonable state of repair.
## Enforcement of Bylaw
16. The administration and enforcement of this Bylaw is hereby delegated to the Administrator for the Rural Municipality of Arlington No. 79; or any such other official(s) that the council may designate.
## Inspections
17. The inspection of property by the Municipality to determine if this Bylaw is being complied with is hereby authorized.
2. Inspections under this Bylaw shall be carried out in accordance with Section 362 of The Municipalities Act.
19. 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
- 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.
21. Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act.
22. 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
23. If an order is issued pursuant to Section 20, 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
- A person may appeal an order made Pursuant to Section 20 in accordance with Section 365 of The Municipalities Act.
## Municipality Remedying Contraventions
- 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.
26. 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
- a) by civil action for debt in a court of competent jurisdiction in accordance with Section 368 of The Municipalities Act; or
27. 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.
## Offences and Penalties
28. No person shall:
- a) fail to comply with an order made pursuant to this Bylaw;
- c) fail to comply with any other provision of this Bylaw.
- b) obstruct or interfere with any Designated Officer or any other person acting under the authority of this Bylaw; or
29. (a) Every person who contravenes any provision of Section 28 is guilty of an offence and liable on summary conviction.
5. (b) The penalty for breach of any provisions of this bylaw shall be those set out in the General Penalty Bylaw of the Municipality.
## Coming Into Force
30. This Bylaw shall come into force on the day of its final passing.
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Ault
Administrator
ORALITY OF
(SEAL ATCHENAN
CANADA
5002
Certified a true copy of Bylaw No. 31. assed by council on the 8'
\_day of feo.
Reeve
Buld
Administrator
SEALAN
CANADA
7V200