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TOWN OF WARMAN
BYLAW NO. 2006-01
A BYLAW TO PROVIDE FOR THE ABATEMENT OF NUISANCES
The Council of the Town of Warman 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)
"Bylaw Enforcement 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 Warman;
d)
"Council" means the Council of the Town of Warman;
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 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
(1)
a building in a ruinous or dilapidated state of
repair;
(2)
an unoccupied building that is damaged and is an
imminent danger to public safety;
(3)
land that is overgrown with grass and weeds;
(4)
untidy and unsightly property;
(5)
junked vehicles; and
(6)
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 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 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.
Not withstanding 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.
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 or 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 of rodents, vermin and insects.
16.
Materials referred to in Section 15 shall be elevated at least
0.15 metres off the ground and shall be stacked at least 0.3
metres from the exterior walls of any building and at least 1.0
metres 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 Town of Warman.
20.
The Administrator of the Town of Warman is hereby authorized to
further delegate the administration and enforcement of this Bylaw
to the Bylaw Enforcement Officer or any other designated person
for the Town of Warman.
Inspections
21.
The inspection of 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 the Bylaw Enforcement Officer who is
authorized to conduct an inspection under this section, or a
person who is assisting the Bylaw Enforcement Officer.
Order to Remedy Contraventions
24.
If the Bylaw Enforcement Officer finds a person is contravening
this Bylaw, the Bylaw Enforcement Officer may, by written order,
require the owner or occupant of the 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 this 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 on 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 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 the Bylaw Enforcement Officer or
any other person acting under the authority of this Bylaw;
or
c)
fail to comply with any other provision of this Bylaw.
33.
The Bylaw Enforcement 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 shall accept voluntary
payment in the sum of Two Hundred Dollars ($200.00) to be paid to
the Municipality within 10 days.
34.
Where the Municipality receives voluntary payment of the amount
prescribed under Section 33 within the time specified, the amount
shall be reduced by 50% and the person receiving the Notice of
Violation shall not be liable to persecution for the alleged
contravention.
35.
Payment of any Notice of Violation does not exempt the person
from enforcement of an order pursuant to Section 24 of this
Bylaw.
36.
Every person who contravenes any provision of Section 32 is
guilty of an offence and liable on summary conviction to a
minimum fine of Two Hundred Dollars ($200.00); and
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;
c)
in the case of a continuing offence, to a maximum daily
fine of not more than $2,500 per day.
Coming Into Force
37.
This Bylaw shall come into force on the day of its final passing.