Rural Municipality of Usborne No. 310, Saskatchewan
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BYLAW 5-2016
A BYLAW OF THE RURAL MUNICIPALITY OF USBORNE NO. 310 TO
PROVIDE FOR THE ABATEMENT OF NUISANCES WITHIN THE
ORGANIZED HAMLET OF GUERNSEY.
The Council of the Rural Municipality of Usborne No. 310, in the Province of
Saskatchewan, hereby 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 within
the Organized Hamlet of Guernsey, including property, activities, or things
that adversely affect:
a) the safety, health or welfare of people or the environment in the
neighborhood;
b) people's use and enjoyment of their property; or
c) the amenity of the 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 purposes of this Bylaw;
b)
"building" means a building within the meaning of The
Municipalities Act;
c)
"Municipality" means the RM of Usborne No. 343
d)
"Guernsey" means the Organized Hamlet of Guernsey
e)
"Council" means the Council of the RM of Usborne No. 310
f)
"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;
g)
"nuisance" means a condition of property, or a thing, or an activity,
that adversely affects or may adversely affect:
i) the safety, health or welfare of people or the environment 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) land that has shrubs or trees overhanging onto property of the
Municipality;
v) untidy and unsightly property;
vi) junked vehicles; and
vii) open excavations on property
h)
"occupant" means an occupant as defined in The Municipalities Act;
i)
"owner" means an owner as defined in The Municipalities Act;
j)
"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.
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, as determined by Council:
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 an 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 or 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.
Shrubs or trees overhanging onto property of the Municipality
11.
Notwithstanding the generality of Section 5, no owner or occupant of land
shall cause or permit shrubs or trees on the land to overhang onto property of
the Municipality so that that said shrubs or trees cause an impediment,
interference or hazard to the public use of the property of the Municipality.
Untidy and Unsightly Property
12.
Notwithstanding the generality of Section 5, no person shall cause or permit
any land or buildings to become untidy and unsightly.
Junked Vehicles
13.
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
14.
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
15.
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
16.
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.
17.
Materials referred to in Section 16 shall be elevated at least 0.15 metres off
the ground and at least 1.0 metres from the property line.
Refrigerators and Freezers
18
Any refrigerator or freezer left in a yard shall first have its hinges, latches,
lid, door or doors removed.
Fences
19.
Fences shall be maintained in a safe and reasonable state of repair.
Enforcement of Bylaw
20.
The administration and enforcement of this Bylaw is hereby delegated to the
Administrator for the RM of Usborne No. 310
21.
The Administrator of the RM of Usborne No. 310 is hereby authorized to
further delegate the administration and enforcement of this Bylaw to the
Municipality's Bylaw Enforcement Officer or Guernsey Hamlet Board.
Inspections
22.
The inspection of property by the Municipality to determine if this Bylaw is
being complied with is hereby authorized.
23.
Inspections under this Bylaw shall be carried out in accordance with Section
362 of The Municipalities Act.
24.
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
25.
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.
26.
Orders given under this Bylaw shall comply with Section 364 of The
Municipalities Act.
27.
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
28.
If an order is issued pursuant to Section 25, 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
29.
A person may appeal an order made pursuant to Section 25 in accordance with
Section 365 of The Municipalities Act.
Municipality Remedying Contraventions
30.
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.
31.
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
32.
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 property on which the work is done in
accordance with Section 369 of The Municipalities Act.
Offenses and Penalties
33.
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.
Coming Into Force
34.
This Bylaw shall come into force on the day of its final passing.
____________________________________
Reeve
____________________________________
Administrator
__________________________________
Certified a true copy of Bylaw 05-16
Reeve
Adopted by resolution of council on the 14th day of
December, 2016
__________________________________
Adminstrator