Rural Municipality of Corman Park No. 344, Saskatchewan
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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)
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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)
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Maintenance of Yards
14.
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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)
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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)
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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
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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
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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