The Nuisance Abatement Bylaw — full text

This is an automated transcription (OCR) of the captured official document — minor recognition errors are possible; the source document governs. Snapshot 2744c93b95dd · verified 2026-06-13 · original document · archived snapshot · unofficial consolidation, the official version is held by the municipal clerk.

## TOWN OF WILKIE ## BYLAW NO. 2023-09 NUISANCE ABATEMENT. A BYLAW OF THE TOWN OF WILKIE TO REGULATE PROPERTY MAINTENANCE AND The Council of the Town of Wilkie, in the Province of Saskatchewan, enacts as follows: PART I - INTERPRETATION SHORT TITLE This bylaw may be cited as The Nuisance Abatement Bylaw. 1. PURPOSE The purpose of this bylaw is to provide for the proper maintenance and occupancy of property, to ensure that such standards are maintained and to provide for the abatement of nuisances, including property, activities or things that adversely affect: the amenity of a neighbourhood. peoples seat eryan or per property, lahbourhood. DEFINITIONS In this bylaw: Administrator - means the Town Administrator of the Town of Wilkie; (a) Building - means a building within the means of The Municipalities Act; (b) Council - means the Council of the Town of Wilkie; (c) 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; (d) Graffiti - means any drawing, inscription, writing or other mark that disfigures or defaces any building, accessory building, fence or other structure, however made, or (e) otherwise affixed; Junked Vehicle - means any automobile, tractor, truck, trailer or other vehicle that has no valid license plates attached to it; or inoperative or abandoned contion; ad, dismantled, party dismantled, is not within a structure erected in accordance with any bylaw is located on private land, but that: respecting the erection of buildings and structures in force within the on that land. does not form a part of a business enterprise lawfully being operated Municipality - means the Town of Wilkie. affects or may adversely affect: Nuisance means a condition of a property, or a thing, or an activity, that adversely (h) the amenity of a neighbourhood and includes: (ii)* E That affects or may affect the amenity of a neighborhood or the safety, health and welfare of people in the neighbourhood, people's use and enjoyment of their property on the amenity of a neiahbourhood. and includes: ## TOWN OF WILKIE ## DEFINITIONS CONTINUED an unoccupied building that is damaged and is an imminent danger to public a building in a ruinous or dilapidated state of repair; (a) (b) untidy and unsightly property; land that is overgrown with grass and weeds; ((c) junked vehicles; and open excavations on property. Public property - means any property owned by the government or its agency, rather than by a private individual or company. RESPONSIBILITY 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 No person shall cause or permit a nuisance to occur on any property owned by that person. BUILDINGS 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: substantially depreciates the value of other land or improvements in the is dangerous to the public health or safety; or (a) neighbourhood; or is substantially detrimental to the amenities of the neighbourhood. (c) ## 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. ## OVERGROWN GRASS AND WEEDS 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. For the purposes of this section, "overgrown" means in excess of six (6) inches in height. shrubs, perennials, grasses or combinations of them, whether native or non-native, consistent with a managed and natural landscape other than regularly mown grass. deliberatiny pated to pry tre ground hover needing one a more pere of at en overgrown with grass or weeds. No owner or occupant of land shall cause or permit any adjoining boulevards or lanes to be 11. ## UNTIDY AND UNSIGHTLY PROPERTY Notwithstanding the generality of Section 5, no person shall cause or permit any land, building or structure to become untidy and unsightly due to graffiti or the accumulation of new or used lumber, cardboard, paper, newspapers, appliances, tires, cans, barrels, scrap metal, building materials, other waste materials or junk. boulevartas or ate to berline of say and unsighty due to the aust mulation of new or used lumber, cardboard, paper, newspapers, appliances, tires, cans, barrels, scrap metal or other waste materials or junk.  ## TOWN OF WILKIE BYLAW NO. 2023-09 JUNKED VEHICLES 14. Notwithstanding the generality of Section 5, no person shall cause or permit any junked vehicles to be kept on any land owned by that person. 15. No person shall keep or store more than one vehicle being restored at any one time. At no time shall a vehicle being restored be located in the required front or side yard of any property. A vehicle being restored must be located in the back yard of the property and must be tarped when not actively being restored. In the event that evidence indicated that an owner is not actively restoring a vehicle after three months, that vehicle shall then be considered a junked vehicle and be subject to the provision of this bylaw respecting "junked ## VEHICLE STORAGE IN RESIDENTIAL AREAS property. Notwithstanding Section 14, one unlicensed vehicle may be parked or stored on any one 16. OPEN EXCAVATIONS 17. 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 an infestation of rodents, vermin or insects; 18. Notwithstanding the generality of section 5, no person shall cause or permit any property owned by that person: any dead or hazardous trees; or an accumulation of garbage or refuse any sharp or dangerous object to encroach on any public property including, but not limited to, sidewalks, alleyways, roads, highways, vacant or occupied lots. ## OUTDOOR STORAGE OF MATERIALS 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 19. harborage for rodents, vermin and insects. 20. Materials referred to in Section 19, shall be stored in the rear yard and elevated at least 0.15 metres 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. REFRIGERATORS AND FREEZERS rem outrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors ACCESSORY BUILDINGS Accessory buildings shall be kept: 22. free of infestation by rodents, vermin and insects; and in good repair; free of health, fire and safety hazards. 23. Accessory buildings shall be equipped with doors or closures with an acceptable locking mechanism designed to resist unauthorized entry. FENCES 24. Fences shall be maintained in a safe and reasonable state of repair.  ENFORCEMENT OF BYLAW Administrator. The administration and enforcement of this bylaw is hereby delegated to the Town 25. 26. The Administrator of the Town of Wilkie is hereby authorized to further delegate the administration and enforcement of this bylaw to the Town of Wilkie's Assistant Administrator, Public Works Manager or a Bylaw Enforcement Officer. INSPECTIONS The inspection of property by the Municipality to determine if this bylaw is being complied with is hereby authorized. 27. Municipalities Act. Inspections under this bylaw shall be carried out in accordance with Section 362 of The 28. under this section, or a person who is assisting a Designated Officer. No person shall obstruct a Designated Officer who is authorized to conduct an inspection 29. ORDER TO REMEDY CONTRAVENTIONS 30. 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. Orders given under this bylaw, shall comply with Section 364 of The Municipalities Act. 31. Municipalities Act. Orders given under this bylaw, shall be served in accordance with Section 390 of The 32. REGISTRATION OF NOTICE OF ORDER 33. If an order is issued pursuant to Section 30, 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 of The Municipalities Act. A person may appeal an order made pursuant to Section 30, in accordance with Section 365 MUNICIPALITY REMEDYING CONTRAVENTIONS 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. 35. eliminate the emergency in accordance with the provisions of Section 367 of The In an emergency, the Municipality may take whatever actions or measures are necessary to 36. Municipalities Act. ## RECOVERY OF UNPAID EXPENSES AND COSTS this bylaw may be recovered either: by civil action for debt in a court of competent jurisdiction in accordance with section 368 of The Municipalities Act; or 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. 37. Any unpaid expenses and costs incurred by the Municipality in remedying a contravention of OFFENCES AND PENALTIES No person shall: 138. obstruct or hinder any person acting under the authority of this Bylaw; or fail to comply with an Order made pursuant to this Bylaw: fail to comply with any provision of this Bylaw. (a) (c) (b)  ## TOWN OF WILKIE BYLAW NO. 2023-09 pursuant to Section 30 of this bylaw. Payment of any Notice of Violation does not exempt the person from enforcement of an order 39. Every person who contravenes any provision of this bylaw is guilty of an offence and is liable on summary conviction to a minimum fine of Two-Hundred and Fifty Dollars ($250.00), and a maximum fine not to exceed $2500.00 under the General Penalty Bylaw. 40. REPEAL OF FORMER BYLAWS Bylaw No. 2022-04 cited as the Nuisance Abatement Bylaw; and all amendments thereto are hereby repealed. COMING INTO FORCE Council of the Town of Wilkie. This bylaw shall come into force and take effect on the date of third and final reading by the 42.  (SEAL) A certified true copy of Bylaw No. 2023-09 Nov, 2023 adopted by resolution by Council of the Town of Wilkie on the 27 day of Lots ## Administrator