Rural Municipality of Clayton No. 333, Saskatchewan
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Mii (a Nuisance Abatement Bylaw
Rural Municipality ofCIayton No. 333
BYLAW NO. 4/2011
A B^LAW TO PROVIDE FOR THE ABATEMENT OF NUISANCES WITHIN THE
I BOUNDARIES OF THE ORGANIZED HAMLET OF SWAN PLAIN
The council for the Rural Municipality ofClayton No. 333 in the Province ofSaskatchewan enacts
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as follows:
Sho^t Title
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1. This] Bylaw may be cited as The Nuisance Abatement Bylaw.
Purpose
2. The Ipurpose of this Bylaw is to provide for the abatement of nuisances, within the boundaries of
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the (Organized Hamlet of Swan Plain, 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
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c) the amenity of a neighbourhood.
Definitions
3. In t^is Bylaw:
a) 'pesignated 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;
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c) "Municipality" means the Rural Municipality of Clayton No. 3 33;
d) ^Council" means the Council of the Rural Municipality ofClayton No. 333;
e) "funked vehicle" means any automobile, tractor, tmck, trailer or other vehicle that
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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
tftay adversely affect:
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i) the safety, health or welfare of people in the neighbourhood;
H) people's use and enjoyment of their property; or
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Hi) the amenity of a neighbourhood
I'and includes:
i) a building in a ruinous or dilapidated state of repair;
A -11 (a) ii,) an unoccupied building that is damaged and is an imminent danger to public safety;
ijui) land that is overgrown with grass and weeds;
iji^) untidy and unsightly property;
^ junked vehicles; and
open excavations on property;
g) "ciccupant" 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) "s;truchire" 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
lctcation on the ground or soil; but not including pavements, curbs, walks or open air surfaced
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areas.
Responsibility
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4. Unless otherwise specified, the owner of a property, including land, buildings and structures,
shallj be responsible for carrying out the provisions of this Bylaw.
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Nuisances Prohibited Generally
5. No person shall cause or permit a nuisance to occur on any property owned by that person.
Dilapidated Buildings
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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) ijs dangerous to the public health or safety;
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b) Substantially depreciates the value of other land or improvements in the neighbourhood; or
c) i[s substantially detrimental to the amenities of the neighbourhood.
Unoccupied Buildings
7. NqtJvithstanding the generality of section 5, no person shall cause or permit an unoccupied
buillding to become damaged or to deteriorate into a state ofdisrepair such that the building is an
imminent danger to public safety.
Overgrown Grass and Weeds
8. Notivithstanding the generality of section 5, no owner or occupant of land shall cause or permit ; I
the land to be overgrown with grass or weeds.
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9. For: the purposes of this section 8 of this bylaw, "overgrown" means in excess of 0.15 metres in
height.
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10. Seption 8 of this bylaw shall not apply to any growth which forms part of a natural garden that
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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, i
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11 (a) 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.
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Junked Vehicles
12. Notvsdthstanding the generality of section 5, no person shall cause or permit any junked vehicle
to b®. kept on any land owned by that person. Unless kept in an orderly row and is supplied with
rodaijit baiting stations.
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Opelp Excavations
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13. Notwithstanding the generality of section 5, no person shall cause or permit any basement,
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exc^ation, drain, ditch, watercourse, pond, surface water, swimming pool or other structure to
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exists in or on any private land or in or about any building or structure which is dangerous to the
publ]ic safety or health.
Maijbtenance of Yards
14. Notwithstanding the generality of section 5, no person shall cause or permit on any property
owned by that person:
a) ati infestation of rodents, vermin or insects;
b) ajay dead or hazardous trees; or
c) a^iy sharp or dangerous objects.
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Outldoor Storage of Materials
15. An}t'building materials, lumber, scrap metal, boxes or similar items stored in a yard shall be
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nesdty stacked in piles and elevated off the ground so as not to constitute a nuisance or
harlfcurage for rodents, vermin and insects.
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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 and supplied with rodent baiting stations.
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R^fi-igerators and Freezers
17. An^ refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors
removed.
Fences
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18. Feri6es shall be maintained in a safe and reasonable state of repair.
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Enforcement of Bylaw
19. Th& administration and enforcement of this bylaw is hereby delegated to the Administrator for
the;Rural Municipality ofClaytonNo. 333.
20. The Administrator of the Rural Municipality ofClayton No. 333 is hereby authorized to further
11 <a) delegate the administration and enforcement of this bylaw to the board of the Organized Hamlet
of Swan Plain.
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Inspections
21. The hspection 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 pjerson shall obstruct a Designated Officer who is authorized to conduct an inspection under
this ^ection, or a person who is assisting a Designated Officer.
Ordfer to Remedy Contraventions
24. If a pesignated Officer finds that a person is contravening this bylaw, the Designated Officer
may|^ by written order, require the owner
relates to remedy the contravention.
may|^ by written order, require the owner or occupant of the property to which the contravention
25. Orders given under this bylaw shall comply with section 364 of The Municipalities Act.
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26. Orders given under this bylaw shall be served in accordance with section 390 of The
Municipalities Act.
Registration of Notice of Order
27. If a^ order is issued pursuant to section 24, the Municipality may, in accordance with section
364 pf The Municipalities Act, give notice of the existence of the order by registering an interest
agaipst the title to the land that is the subject of the order.
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Appeal of Order to Remedy
28. A person may appeal an order made pursuant to section 24 in accordance with section 365 of
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The\ Municipalities Act. \
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M^itaicipality Remedying Contraventions
29. Trie^Municipality may, in accordance with section 366 of The Municipalities Act, take whatever
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actions or measures are necessary to remedy a contravention of this bylaw.
30. In ati emergency, the Municipality may take whatever actions or measures are necessary to
elicjlinate 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
M 11 (a) T!ze 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.
Offices and Penalties
32. No pbrson shall:
a) f^il 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) f^il to comply with any other provision of this bylaw.
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33. A Designated Officer who has reason to believe that a person has contravened any provision of
this l^ylaw 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 One hundred dollars
$100.00 to be paid to the Municipality within 15 days.
34. Wh^re 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. Payttient of any Notice of Violation does not exempt the person from enforcement of an order
pursuant to section 24 of this bylaw.
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36. Eve^y person who contravenes any provision of section 32 is guilty of an offence and liable on
suminary conviction:
a) in the case of an individual, to a fine of not more than $ 10,000;
b) i^i the case of a corporation, to a fine of not more than $25,000; and
c) ii^ the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day.
Coining Into Force
37. Thi$ bylaw shall come into force on the day of its final passing.
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