Nuisance Abatement Bylaw 30-18

Rural Municipality of Corman Park No. 344, Saskatchewan

This is the exact embedded text of the captured official document. Snapshot 2e0e33c6e186 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

M-11 (a) eor;ma;r~ BYLAW NO. 30/18 A BYLAW TO PROVIDE FOR THE ABATEMENT OF NUISANCES The Council for the Rural Municipality of Corman Park No. 344 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 neighbourhood; b) people's use and enjoyment of their property; or c) the amenity of a neighbourhood. Definitions 3. In this Bylaw: a) "Agricultural Operation" means a system of tillage and animal husbandry through which one may gain livelihood from large areas of land by the raising of crops or the rearing of livestock as established by the Zoning Bylaw; b) "Agricultural Property'' means a titled property that is zoned Agricultural or Agricultural Residential (AG, AR1 , AR2, AR3 or DAG1) and includes land or Buildings or both; c) "Designated Officer" means an employee or agent of the Municipality appointed by Council or the Administrator to act as a municipal inspector for the purposes of this Bylaw; d) "Building" means a building within the meaning of The Municipalities Act, e) "Municipality'' means the Rural Municipality of Corman Park No. 344 f) "Council" means the Council of the Rural Municipality of Corman Park No. 344; g) "Junked Vehicle" means any automobile, tractor, truck, trailer or other vehicle that either: i. ( 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; h) "Nuisance" means a condition of property, or a thing, or an activity that in the opinion of the Designated Officer adversely affects or may adversely affect: 1) the safety, health or welfare of people in the neighbourhood; 2) people's use and enjoyment of their property; or 3) the amenity of a neighbourhood and includes, but is not limited to: 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; i) "Non-Agricultural property" means a property that is zoned for any zoning District except Agricultural or Agricultural Residential (CR1 , CR3, CR4, C, M1, M2, REC, CONS, DB, OCR 2, DCR3, DCR4, DCR5, DC1, DC2, DM1 , DM2, DRM1, DREC1 , or DCONS1) and includes land or Buildings or both; j) "Occupant" means an occupant as defined in The Municipalities Act, k) "Owner" means an owner as defined in The Municipalities Act, M·11 (a) [I 2 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 pavements, curbs, walks or open air surfaced areas. Responsibility 4. Unless otherwise specified, the Owner of an Agricultural or Non-Agricultural 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 Agricultural or Non-Agricultural 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 neighbourhood; or c) is substantially detrimental to the amenities of the neighbourhood. 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. a) Notwithstanding the generality of Section 5, no Owner or Occupant of land shall cause or permit the land of Non-Agricultural property to be overgrown with grass or weeds. b) Notwithstanding the generality of Section 5, no Owner or Occupant of Agricultural property shall cause or permit the land to be overgrown with weeds, whether noxious weeds or otherwise. 9. For the purposes of this Section, "overgrown" means in excess of 0.50 metres in height, or in the opinion of the Designated Officer is a Nuisance. 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. Notwithstanding the provisions of this Section, noxious weeds are not permitted and are subject to the provisions of The Weed Control Act. 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 on Agricultural or Non- Agricultural property. Junked Vehicles 12. Notwithstanding the generality of Section 5, no person shall cause or permit any Junked Vehicle to be kept on any titled parcel of land owned by that person except in accordance with the following: a) Agricultural, commercial or industrial zones no more than six (6) are allowed; and i) Operational vehicles associated with an active Agricultural Operation shall not constitute a violation. b) Non-Agricultural zones no more than two (2) are allowed. 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. M-1 1 (a) I Maintenance of Yards 14. 3 a) Notwithstanding the generality of Section 5, no person shall cause or permit on any Non-Agricultural 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. b) Notwithstanding the generality of Section 5, no person shall cause or permit on any Agricultural property owned by that person: i) an infestation of rodents, vermin or insects; c) Notwithstanding the generality of Section 5, no person shall cause or permit hazardous trees or any sharp or dangerous objects on any Agricultural Property owned by that person except as follows: i) any dead or hazardous trees or any sharp or dangerous objects must be at minimum of 50 meters from the front, side or rear of the property where a developed road allowance exists adjacent to the front, rear or side yard; and ii) any dead or hazardous trees or any sharp or dangerous objects must be unobstructed from obvious view. Outdoor Storage of Materials 15. On any Non-Agricultural property, 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. Such materials 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. Notwithstanding any other Section of this Bylaw, any materials deemed a Nuisance will be required to be removed. 16. On any Agricultural property, any Building materials, lumber, scrap metal, boxes or similar items stored in a yard shall be stored in such a manner to prevent a hazardous condition and elevated off the ground so as not to constitute a Nuisance or harborage for rodents, vermin and insects. Such materials 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. Notwithstanding any other Section of this Bylaw, any materials deemed a Nuisance will be required to be removed. 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 for the Rural Municipality of Corman Park No_ 344. 20. The Administrator of the Rural Municipality of Corman Park No. 344 is hereby authorized to further delegate the administration and enforcement of this Bylaw. Inspections 21. The inspection of Agricultural or Non-Agricultural 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. M-11 (a) II 4 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 Agricultural or Non-Agricultural 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 Agricultural or Non-Agricultural 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. Notices of Violation 33. Where a Designated Officer who has reason to believe that a person has contravened any provision of this Bylaw, the Designated Officer may serve on that person a Notice of Violation. 34. A Notice of Violation served in accordance with subsection (1) shall contain a voluntary payment amount, determined by the nature of he contravention and the number of times a notice of violation has been issued for a contravention of the same nature, at the same property, to the same owner as prescribed in Schedule "A". 35. When a Notice of Violation is issued, a person may voluntary payment of the amount shown on the Notice of Violation, if the person does so before the date specified as the payment date set out in the Notice of Violation. 36. A Notice of Violation shall be served by any method available to the Municipality pursuant to The Municipalities Act. 37. Where the Municipality receives voluntary payment of the amount prescribed in Schedule "A" within the time specified, the person receiving the Notice of Violation shall not be liable to prosecution for the alleged contravention. M-11 (a) 5 38. Payment of any voluntary payment amount specified in a Notice of Violation does not relieve the owner of the property from compliance with an order issued pursuant to this Bylaw or The Municipalities Act. General Penalty Provision 39. Notwithstanding Sections 33 to 38, every person who contravenes any provision of this Bylaw, or fails to comply with any order or request directed to that person pursuant to this Bylaw is guilty of an offence and is liable, upon summary conviction, to: (i) a fine in the amount set out in Schedule "B"; or (ii) where a fine is not specified in Schedule "B, to a fine in an amount provided for in The Municipalities Act Coming Into Force 40. This Bylaw shall come into force on the day of its final passing. 41. Read a third time and adopted this !~day of . -(; VV'==.fL 1q 0 \ 8: ~~ A1f~er--- Sections 8(1 )(b) & 8(1 )(d) The Municipalities Act M-11 (a) Bylaw Section 5 6 7 8 11 12 13 14 15 16 17 18 SCHEDULE "A" VOLUNTARY PAYMENT AMOUNTS NOTICE OF VIOLATION Contravention 1st Notice of 2nd Notice of Violation Violation General $150 $250 Nuisance Dilapidated $150 $250 building Unoccupied $150 $250 building Overgrown $150 $250 grass and weeds Untidy and $150 $250 Unsightly Property Junked vehicle $150 $250 Open $150 $250 excavation Maintenance of $150 $250 Yard Outdoor $150 $250 Storage - Non- Agricultural Outdoor $150 $250 storage - Agricultural Refrigerators $150 $250 and Freezers Fences $150 $250 3rd Notice of Violation $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 $250 M-11 (a) Bylaw Section 5 6 7 8 11 12 13 14 15 16 17 18 Offence SCHEDULE "B" - FINES ON CONVICTION Fine on 1st Fine on Conviction Conviction General $300 $500 Nuisance Dilapidated $300 $500 building Unoccupied $300 $500 building Overgrown $300 $500 grass and weeds Untidy and $300 $500 Unsightly Property Junked vehicle $300 $500 Open $300 $500 excavation Maintenance of $300 $500 Yard Outdoor $300 $500 Storage - Non- Agricultural Outdoor $300 $500 storage - Agricultural Refrigerators $300 $500 and Freezers Fences $300 $500 7 2nd Fine on 3rd and Subsequent Convictions Established by the Court Established by the Court Established by the Court Established by the Court Established by the Court Established by the Court Established by the Court Established by the Court Established by the Court Established by the Court Established by the Court Established by the Court