Nuisance Abatement Bylaw 22/05

Tisdale, Saskatchewan

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 7cb9dadde2a2 · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF TISDALE ## BYLAW NO. 22/05 ## NUISANCE ABATEMENT BYLAW I BYLAW of the Town of Tisdale in the Province of Saskatchewan, to provide for th batement of nuisances within the Town of Tisdale ## THE COUNCIL FOR THE TOWN OF TISDALE IN THE PROVINCE OF SASKATCHEWAN ENACTS AS FOLLOWS: ## 1. Short Title This Bylaw may be cited as The Nuisance Abatement Bylaw. ## 2. Purpose 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; - c) the amenity of a neighbourhood. - b) people's use and enjoyment of their property; or ## 3. Definitions In this Bylaw: - a) "Designated Officer" means an employee or agent of the Town appointed by the Town Administrator to act as a municipal inspector for the purposes of this Bylaw; - c) "Municipality" means the Town of Tisdale; - b) "building" means a building within the meaning of The Municipalities Act; - d) "Council" means the Council of the Town of Tisdale; 5. є) "junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that - (1) has no valid license plates attached to it; or 7. ii) is located on private land, but that: - (2) is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, inoperative or abandoned condition; and - (1) is not within a structure erected in accordance with any Bylaw respecting he 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; - i) the safety, health or welfare of people in the neighbourhood; 12. "nuisance" means a condition of property, or a thing, that adversely affects or may adversely affect: 13. ii) people's use and enjoyment of their property; or 14. ill) the amenity of a neighbourhood - i) a building in a ruinous or dilapidated state of repair; 16. ії) an unoccupied building that is damaged and is an imminent danger to public safety; 17. ili) land that is overgrown with grass and weeds; - v) junked vehicles; and 19. iv) untidy and unsightly property; vi) open excavations on property; - "owner" means an owner as defined in The Municipalities Act, - g) "occupant" means an occupant as defined in The Municipalities Act; - i) "property" means land or buildings or both; - "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. ## 4. Responsibility ## 5. Nuisances Prohibited Generally No person shall cause or permit a nuisance to occur on any property owned by that person. ## 6. Dilapidated Buildings Votwithstanding the generality of Section 5, no person shall cause or permit 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. ## 7. Unoccupied Buildings 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. ## 8. Overgrown Grass and Weeds - a) 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. 2. *) This coie fal not y a pri gie or in finite sader. 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. - b) For the purposes of this section, "overgrown" means in excess of 15 centimeters in height. ## 9. Untidy and Unsightly Property Notwithstanding the generality of Section 5, no person shall cause or permit any land or buildings to become untidy and unsightly. ## 10. Junked Vehicles Notwithstanding the generality of Section S, no person shall cause or permit any junked vehicle to be kept on any land owned by that person. ## 11. Open Excavations Notwithstanding the generality of Section 5, no person shall cause or permit any - - ## 12. Maintenance of Yards 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. ## 13. Outdoor Storage of Materials - a) 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. - b) Materials referred to in Section 14 shall be elevated at least 15 centimetres 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 ## 14. Refrigerators and Freezers No refrigerator or freezer shall be openly stored in any yard. ## 15. Fences Fences shall be maintained in a safe and reasonable state of repair. ## 16. Enforcement of Bylaw The administration and enforcement of this Bylaw is hereby delegated to the Administrator of the Town of Tisdale. ## 17. Inspections - a) The inspection of property by the Town to determine if this Bylaw is being complied with is hereby authorized. - c) 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. - b) Inspections under this Bylaw shall be carried out in accordance with Section 362 of The Municipalities Act. ## 18. Order to Remedy Contraventions - a) 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. - b) Orders given under this Bylaw shall comply with Section 364 of The - c) Orders given under this Bylaw shall be served in accordance with Section 390(1)(a), (b) or (c) of The Municipalities Act. ## 19. Registration of Notice of Order If an order is issued pursuant to Section 19, the Town 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. ## 20. Appeal of Order to Remedy - ) A person may appeal an order made pursuant to Section 19 in accordance wi ection 365 of The Municipalities Ac - b) Appeals shall be made to the Council of the Town of Tisdale. ## 21. Town Remedying Contraventions - a) The Town may, in accordance with Section 366 of The Municipalities Act, take whatever actions or measures are necessary to remedy a contravention of this Bylaw. - b) In an emergency, the Town may take whatever actions or measures are necessary to eliminate the emergency in accordance with the provisions of Section 367 of The Municipalities Act. ## 22. Recovery of Unpaid Expenses and Costs Any unpaid expenses and costs incurred by the Town in remedying a contravention of this Bylaw may be recovered either: - 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. - a) by civil action for debt in a court of competent jurisdiction in accordance with Section 368 of The Municipalities Act; or ## 23. Offences and Penalties - i) fail to comply with an order made pursuant to this Bylaw; 2. iii) fail to comply with any other provision of this Bylaw. 3. il) obstruct or interfere with any Designated Officer or any other person acting under the authority of this Bylaw; or - b) 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 Town will accept voluntary payment in the sum of One hundred ($100.00) to be paid to the Town within Thirty (30)] - c) Where the Town receives voluntary payment of the amount prescribed under Section 23 (b) within the time specified, the person receiving the Notice of Violation shall not be liable to prosecution for the alleged contravention. - e) Every person who contravenes any provision of Section 23 is guilty of an offence and liable on summary conviction: - d) Payment of any Notice of Violation does not exempt the person from enforcement of an order pursuant to Section 19 of this Bylaw. - i) in the case of an individual, to a fine of not more than $10,000; 9. il) in the case of a corporation, to a fine of not more than $25,000; and 10. ill) in the case of a continuing offence, to a minimum daily fine of not less than $100.00 per day to a maximum daily fine of not more than $2,500 per day. ## 24. Repeal of Former Bylaws Bylaw #13/80 A Bylaw to Regulate Untidy and Unsightly Premises is repealed. hereby ## 25. Coming Into Force This Bylaw shall come into force on the 1" day of January, 2006. MEDALE DANi SASKATCH ' Mayor Administrator <!-- image -->