Rural Municipality of Kellross No. 247, Saskatchewan
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BYLAW NO. 2005-05
Nuisance Abatement Bylaw
A BYLAW of the Rural Municipality of Kellross No. 247, in the Province of Saskatchewan to
provide for the abatement of nuisances within the Rural Municipality of Kellross No. 247.
THE COUNCIL FOR THE RURAL MUNICIPALITY OF KELLROSS NO. 247 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 for the purpose of this Bylaw;
b) "building" means a building within the meaning of the of The Municipalities Act;
c) "Municipality" means the Rural Municipality of Kellross No. 247;
d) "Council" Means the Council of the Rural Municipality of Kellross No. 247;
e) "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
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 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:
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;
g) "occupant" 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)
"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 surfaces area.
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 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 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 and 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 purpose of this section, "overgrown" means in excess of 0.20 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 and 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.
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.
Maintenance of Yards
14. Notwithstanding the generality of Section 5, no person shall cause or permit on any
property owned by that person:
a) an infestation of rodents, vermin or insects;
b) any dead or hazardous trees; or
c) any sharp or dangerous objects.
Outdoor Storage of Materials
15. 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 or insects.
16. Materials referred to in Section 15 shall be elevated at least 0.15 meters off the ground
and shall be stacked at least 3.0 meters from the exterior walls of any building and at least
1.0 meter from the property line.
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 Kellross No. 247.
Inspections
20. The inspection of property by the Municipality to determine if this Bylaw is being
complied with is hereby authorized.
21. Inspections under this Bylaw shall be carried out in accordance with Section 362 of The
Municipalities Act.
22. 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 Contravention's
23. Of 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.
24. Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act.
25. 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
26. 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
27. A person may appeal an order made pursuant to Section 24 in accordance with Section 365
of The Municipalities Act.
Municipality Remedying Contravention's
28. 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.
29. 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
30. Any unpaid expenses and cost 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.
Offences and Penalties
31. 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.
32. 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 $ 50.00
(Fifty Dollars) to be paid to the Municipality within 30 (Thirty) days.
33. Where the Municipality receives voluntary payment of the amount prescribed under Section
32 within the time specified, the person receiving the Notice of Violation shall not be liable
to prosecution for the alleged contravention.
34. Payment of any Notice of Violation does not exempt the person from enforcement of an
order pursuant to Section 24 of this Bylaw.
35. Every person who contravenes any prevision of Section 31 is guilty of an offense and liable
on summary conviction:
a) in the case of an individual, to a fine of not more than $ 10,000;
b) in the case of a corporation, to a fine of not more than $ 25,000; and
c) in the case of a continuing offense, to a maximum daily fine of not more than $ 2,500
per day.
Repeal of Former Bylaws
36. Bylaw No. 103 Removal of Dirt, Stones, Etc from Public Places; and all amendments
Thereto are hereby repealed.
Coming Into Force
37. This Bylaw shall come into force on the day of its final passing.
__________________________
Reeve
Seal
__________________________
Administrator
Sections 8(1)(b) & 8(1)(d) The Municipalities Act
First Reading _______________________
Second Reading _____________________
Read a third time and adopted
this ______ day of ______________, 2005
_________________________
Administrator