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(a)
CITY
OF
WEYBURN
BYLAWNO.
2022-3452
A BYLAW TO REGULATE PROPERTY MAINTENANCEAND
NUISANCEABATEMENTIN THE CITY OF WEYBURN
Whereas The Cities Act provides that a Municipality shall pass bylaws in respect to certain
matters,
and shall administer and enforce the provisions of that Act and its Regulations.
Now therefore,
The Council of the City of Weybum in the Province of Saskatchewan
enacts
as follows:
PART 1
- Interpretation
1.
Short Title
This Bylaw ay be cited as the Property Maintenance and Nuisance Abatement Bylaw.
2'
Purpose
The purpose of this Bylaw is to provide for the proper maintenance
of property and the
abetment of nuisances,
including property or things that:
(1) Affect the safety, health and welfare of people in the neighborhood; or
(2) Affect the amenity of a neighborhood.
3.
De?nitions
(1)
(3)
(4)
Building
-- means any structure used or occupied or intended for the supporting
or sheltering
any use or occupancy and includes a trailer, mobile home or
portable shack that is;
a.
Not in storage;
b.
Situated within the city for a period of more than 30 days; or
c.
Not licensed pursuant to any bylaw relating to the licensing of trailers, mobile
homes or portable shacks;
Bylaw Enforcement Officer
-- means a person appointed by Council under
Section 337 of the City Act; and may represent the City before a justice of the
peach or provincial court judge in the prosecution of anyone who is charged with
a contravention of a bylaw.
City
-- means the City of Weyburn;
Council
-- means the Council of the City of Weyburn;
"Designated Of?cer' means a person designated
by a council or a person to
whom a power of authority is delegated
by the commissioner
or manager
as
de?ned in the City Act;
Dwelling Unit
-- means a room or series of rooms of complementary
use operated
as a housekeeping
unit, used or intended to be sued as a domicile by one or
more persons and usually containing
cooking, eating, living, sleeping
and
sanitary facilities;
Junked Vehicle
-- means any automobile, tractor, truck, trailer or other vehicle
that either;
a.
Has not valid license plates attached to it; or
b.
is in a rusted, wrecked, dismantled, partly dismantled,
inoperative or
abandoned
condition; and
c.
is located on private land, but that is not within a structure
erected in
accordance
with any law respecting the erection of building and structures
M-ll (a)
(8)
Nuisance
-- means;
a.
A condition of property;
b4 A thing that affects or may affect the amenity of a neighborhood
or the
safety; health and welfare of people in the neighborhood;
Land that is overgrown with grass and weeds;
Untidy and unsightly property;
Junked vehicles; or
Open excavation on a property
7"!" 51.0
(9)
Occupant-- means an occupant
as de?ned in The Cities Act;
(10) Owner
-- means an owner as defined in The Cities Act;
(11)
Property
--
means
land or building or both;
(12)
Structure
-- means anything erected or constructed, the use of which required
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--airsurfaced areas.
4.
Responsibility
(1)
Unless othenivise specified, the owner of a property, including land, buildings and
structures shall be responsible
for carrying out the provision of this bylaw.
PART 2
- Nuisances
1.
Nuisances Prohibited Generally
(1)
No person shall cause or permit a nuisance to occur on any property owned
by that person.
Dilapidated Buildings
(1)
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:
14
Is dangerous
to the public health or safety; or
2.
Substantially depreciates
the value of other land or improvements in
the neighborhood.
Unoccupied
Buildings
(1)
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 dangerto
public safety.
Overgrown
Grass and Weeds
(1)
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)
For this section, overgrown
means in excess of 20 centimetres
in height
(3)
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 wild?owers, shrubs, perennials, grasses
or
combinations of them, whether native or non~native, consistent with a
managed and natural landscape
other than regularly mown grass.
(4)
No owner or occupant of land shall cause or permit any adjoining boulevards
or lanes to be overgrown with grass
or weeds.
M41 (3)
Untidy and Unsightly Property
(1)
(2)
Notwithstanding the generality of section 5, no person shall cause or permit
any land or building to become untidy and unsightly due to the accumulation
of new or used lumber, cardboard, paper, newspapers,
appliances, tires,
cans, barrels, scrap metal or other waste materials orjunk.
No owner of land shall cause or permit any adjoining boulevards or lanes to
become untidy and unsightly due to the accumulation of new or used lumber,
cardboard, paper, newspapers,
appliances,
tires, cans, barrels, scrap
metal
or other waste materials orjunk.
Junked Vehicles
(1)
Notwithstanding the generality of section 5, no person shall keep a junked
vehicle on property in the City of Weyburn.
Open Excavations
(1)
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,
Pet Wastes
(1)
Pet wastes
shall be promptly removed from properties
and disposed of in an
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Part 3
- Progemi
Maintenance
1.
Duty to Maintain
(1)
All property, including land, buildings and structures,
shall be maintained in
accordance
with the minimum standards prescribed
in this Part.
(2)
No person shall cause or permit the occupancy or use of any property,
including land, building or structure, that does not conform to the minimum
standards.
(3)
Notwithstanding section 4, every occupant of a property, including land,
buildings and structures,
shall;
1.
Keep in a clean and sanitary condition that part of the property which
the occupant occupies or controls;
2.
Maintain exits to the exterior of the building in a safe and
unobstructed condition;
3.
Keep any supplied ?xtures clean and sanitawand exercise
reasonable
care in their proper use and operation.
Part 4
- Maintenance
of Yards and Accessog
Buildings
1.
2.
Application
(1)
This Division applies to all accessory
buildings and yards within the City
Maintenance of Yards
M41 (a)
(1)
A yard shall be kept free and clean from;
Garbage
andjunk;
Junked vehicles and dismantled machinery
Excessive
growth of weeds or grass;
Holes and excavations
that could cause an accident;
An infestation of rodents, vermin or insects;
Dead or hazardous
trees; and
Sharp or dangerous
materials
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(2)
A yard shall be graded in such a manner so as to prevent;
1.
Exoessive ponding of water; and
2.
Excessive dampness
accumulating
near building or structures,
3.
Outdoor Storage
of Materials
(1)
Any building materials, lumber, 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.
Materials so stored must be in a quantity and location deemed reasonable
and acceptable to the inspector in consideration of the zoning and purpose
ofthe property.
4.
Refrigerators and Freezers
(1)
Any refrigerator or freezer left in a yard shall ?rst have its hinges,
latches,
lid,
door or doors removed in order to prevent entrapment
within the appliance.
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(1)
if a walkway, driveway;
or parking space is provided, it shall be maintained
so as to afford safe passage thereon under normal use and weather
conditions.
Waste Disposal
(1)
Every building shall be provided with a sufficient number of receptacles to
contain all waste in accordance
with the provisions of the City of Weyburn
Refuse Bylaw.
Accessory
Buildings
(1)
Accessory
buildings shall be kept;
1.
In good repair;
2.
Free of infestation by rodents, vermin and insects; and
3.
Free of health, tire and safety hazards
(2)
Accessory
buildings shall be equipped with doors or closures and shall be
kept secured so as to prevent unauthorized entry.
Fences
(1)
Fences
shall be maintained in a safe and reasonable state of repair,
appropriate forthe
neighborhood,
as determined by the inspector,
Part 5
-- Enforcement,
Offences
and Penalties
1.
Enforcement of Bylaw
(1)
The administration and enforcement ofthis Bylaw is hereby delegated
to the
Bylaw Enforcement Of?cer or other Designated Officers.
M--11(a)
(2)
The City Manager is hereby authorized to further delegate
the administration
and enforcement of the Bylaw to designated
of?cers
Inspections
(1)
(2)
(3)
The inspection of property by the City to determine ifthis Bylaw is being
complied with is hereby authorized.
Inspection
under this Bylaw shall be carried out in accordance
with section
324 of The Cities Act
No person shall obstruct a designated
of?cer who is authorized to conduct
inspections
under this section, or a person who is assisting
a designated
officer.
Orderto
Remedy Contravention
(1)
(2)
(3)
If a designated
officer ?nds 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.
Orders given under this Bylaw shall comply with section 328 of The Cities
Act.
Orders given under this bylaw shall be served in accordance
with section
347 of The Cities Act
Registration of Notice of Order
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accordance
with section 328 of The Cities 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
(1)
A person may appeal an order made pursuant to Part 5, Section 3 in
accordance
with section 329 of The Cities Act, within 15 days after the date
of the order
(2)
Appeals shall be made initiallyto the City of Weyburn Property Maintenance
Review Committee.
City Remedying Contravention
(1)
The City may, in accordance
with section 330 of The Cities Act, take
whatever
actions or measures
are necessary
to remedy a contravention of
this Bylaw.
Civil Action to Recover
Costs
(1)
The City may, in accordance with section 332 of The Cities Act, collect any
unpaid expenses and costs incurred in remedying a contravention of this
Bylaw by civil action for debt in a court of competent
jurisdiction.
Adding Amounts to Tax Roll
(1)
The City may, in accordance
with section 333 of The Cities Act, add any
unpaid expenses
and costs incurred by the City in remedying
a
contravention of this Bylaw to the taxes on the property on which the work
was done.
Emergencies
(1)
In the event that it becomes an emergency
to remedy a contravention ofthis
Bylaw, the City may take whatever actions or measures
are necessary
to
M41 (a)
10.
eliminate the emergency in accordance with the provisions of section 331 of
The Cities Act.
Offences
(1)
No person shall,
1.
2.
Fail to comply with an order made pursuant to this Bylaw;
Obstruct or hinder any municipal inspector
or any other person acting
under the authority of this Bylaw; or
Fail to comply with any other provision of this Bylaw.
After having been served with an order under any provision of this
bylaw, permit or allow the same contravention to occur.
Every person who contravenes
any provision of subsection
(1) is guilty of an
offence and liable on summary conviction:
1.
In the case of an individual, to a ?ne not exceeding
$10,000
and, in
the case of a continuing offence, to a further fine not exceeding
$2,500 for each day during which the offence continues;
in the case of a corporation, to a ?ne not exceeding
a $25,000
and, in
the case of a continuing offence,
to a further fine not exceeding
$2,500 for each day during which the offence continues.
In the event of non-payment
of a ?ne imposed pursuant to clause 2(a), the
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unless the ?ne is paid sooner.
11.
Repeal of Bylaw
(1)
Bylaw number 2004-3021 and all amendments
to regulate property
maintenance
and nuisance abatement
in the City of Weyburn
is here by
repealed.
12.
Coming Into Force
(1)
This bylaw shall come into force on the day of its ?nal passing.
Mayor
_
City Clerk
l?ead
a ?rst time this 14"'day of November, 2022.
Read a second time this 28"'day of November, 2022.
Read a third time this 28"'day of November, 2022, and passed.