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TOWN OF UNITY
BYLAW NUMBER 1171-P-25
A Bylaw to provide for the Abatement of Nuisances within the Town of Unity.
THE COUNCIL FOR THE TOWN OF UNITY 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) "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 Town of Unity;
d) "Council" means the Council of the Town of Unity;
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.
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f) "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 in the
neighbourhood;
ii. People's use and enjoyment of their property; or
iii. The amenity of a neighbourhood
And includes:
iv. A building in a ruinous or dilapidated state of repair;
v. An unoccupied building that is damaged and is an imminent
danger to public safety;
vi. Land that is overgrown with grass and weeds;
vii. Untidy and unsightly property;
viii. Junked vehicles; and
ix. 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
surfaced areas.
Responsibility
4. Unless other 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 and 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 be 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 purposes of this section, "overgrown" means in excess of 0.20
metres 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.
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11. No owner or occupant of land shall cause or permit any adjoining
boulevards or lanes to be overgrown with grass or weeds.
a) No owner or occupant of any property shall allow their trees or
shrubs or hedges to overhang or protrude into the alleys.
All trees or shrubs or hedges must be trimmed to the edge of the
property line to a minimum height of 4.5 metres (14.76 feet) to
allow free and clear passage through the alley.
The Town of Unity has not planted any trees or shrubs or hedges in
or along alleys. Therefore, all trees or shrubs or hedges are deemed
to be the responsibility of the adjacent property owner or occupant.
b) Any tree branches or shrubs or hedges that overhang or protrude
into the street are to be trimmed to the edge of the street at a
minimum height of 4.5 metres (14.76 feet) from the ground up.
c) It is the property owners or occupants' responsibility to ensure all
tree branches or shrubs, or hedges are trimmed away from Town of
Unity signs located on adjacent property.
d) All gardens will be maintained in a clean and upkept state as to not
appear untidy and unsightly.
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.
14. Not withstanding the generality of Section 5, one unlicensed vehicle may be
parked or stored on any land owned by that person. Said unlicensed vehicle
must have a corresponding plate attached and must be in a drivable state.
Open Excavations
15. 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 land or in or about
any building or structure which is dangerous to the public safety or health.
Maintenance of Yards
16. 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
17. 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 harbourage for rodents, vermin and insects.
Refrigerators and Freezers
18. Any refrigerator or freezer left in a yard shall first have its hinges, latches,
lid, door or doors removed.
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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 Chief Administrative Officer (CAO) for the Town of Unity.
21. The CAO is hereby authorized to further delegate the administration and
enforcement of this Bylaw to any of the following persons or positions as
the CAO considers appropriate:
a. a Bylaw Enforcement Officer
b. any other municipal employee, agent or contractor designated by the
CAO.
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.
25. An inspection of a property may be conducted after "reasonable efforts"
have been made to contact the property owner.
Order to Remedy Contraventions
26. 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.
27. Orders given under this Bylaw shall comply with Section 364 of The
Municipalities Act.
28. Orders given under Bylaw shall be served in accordance with Section
390(1)(a), (b), (c) or (d) of The Municipalities Act.
Registration of Notice of Order
29. If an order is issued pursuant to Section 26, 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
30. A person may appeal an order made pursuant to Section 26 in accordance
with Section 364 of The Municipalities Act.
Municipality Remedying Contraventions
31. 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.
32. 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.
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Recovery of Unpaid Expenses and Costs
33. 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.
Offences and Penalties
34. 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.
35. A Designated Officer who has reasonable grounds to believe that a person
has contravened any provision of this Bylaw may serve on that person a
Notice of Violation.
a. The Notice of Violation shall indicate that the Municipality will accept
voluntary payment in the amount of $250.00, if paid to the Municipality
within fifteen (15) days from the date of service of the Notice.
b. Voluntary payment made in accordance with this section shall be
accepted as full satisfaction of the violation described in the Notice.
36. Where the Municipality receives voluntary payment of the amount
prescribed under Section 35 within the time specified, the person receiving
the Notice of Violation shall not be liable to prosecution for the alleged
contravention.
37. Payment of any Notice of Violation does not exempt the person from
enforcement of an order pursuant to Section 26 of this Bylaw.
38. Every person who contravenes any provision of Section 34 is guilty of an
offence and liable on summary conviction:
a. In the case of an individual, to a fine of $1000.
b. In the case of a corporation, to a fine of $5,000; and
c. In the case of a continuing offence, to a daily fine of $250 per day.
Coming Into Force
39. Bylaw 1095-P-20 is hereby repealed.
Bylaw 1131-P-22 is hereby repealed.
40. This Bylaw shall come into force on the 31st day of December 2025.
MAYOR
CAO