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BYLAW 1-18
NUISANCE ABATEMENT BYLAW
A BYLAW of the Town of Yellow Grass, in the Province of Saskatchewan, to provide for the abatement of
nuisances within the Town of Yellow Grass.
THE COUNCIL FOR THE TOWN OF YELLOW GRASS 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 neighborhood;
b)
people's use and enjoyment of their property; or
c)
the amenity of a neighborhood.
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 Yellow Grass;
d)
"Council" means the Council of the Town of Yellow Grass;
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 neighborhood;
ii)
people's use and enjoyment of their property; or
iii)
the amenity of a neighborhood
and includes:
i)
a building in ruinous or dilapidated state of repair;
ii)
an unoccupied building that is damaged and is an imminent danger to
public safety;
iii)
land that is overgrown with grass and weeds;
iv)
untidy and unsightly property;
v)
junked vehicles; and
vi)
open excavations on property;
vii)
vehicles parked on front lawn with the exception of snowmobiles during the
winter months only.
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
neighborhood; or
c)
is substantially detrimental to the amenities of the neighborhood.
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.
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 meters 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 that regularly mown grass.
Untidy and Unsightly Property
11. Notwithstanding the generality of Section 5, no person shall cause or permit any land or building
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 of 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 for
rodents, vermin and insects.
16. Materials referred to in Section 15 shall be elevated at least 0.15 meters off the ground and shall be
stacked at least 3.0 meters from the exterior walls of any building and at least 1.0 meter from the
property line.
Freezers and Refrigerators
17. No appliances are to be left outdoors anywhere on anyone's property.
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 Commissionaires for
the Town of Yellow Grass.
Inspections
20. The inspection of property by the Municipality to determine if this Bylaw is being complied with
is hereby authorized.
21. Inspections under this Bylaw shall be carried out in accordance with Section 362 of The
Municipalities Act.
22. 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.
Order to Remedy Contraventions
23. 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.
24. Orders given under this Bylaw shall comply with Section 364 of The Municipalities Act.
25. 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
26. 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
27. A person may appeal an order made pursuant to Section 24 in accordance with Section 365 of The
Municipalities Act.
Municipality Remedying Contraventions
28. 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.
29. 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
30. 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
31. 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.
32. 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
indicated that the Municipality will accept voluntary payment in the sum of one thousand dollars,
$1000.00, to be paid to the Municipality within thirty days.
33. Where the Municipality receives voluntary payment of the amount prescribed under Section 32
within the time specified, the person receiving the Notice of Violation shall not be liable to
prosecution for the alleged contravention.
34. Payment of any Notice of Violation does not exempt the person from enforcement of an order
pursuant to Section 24 of this Bylaw.
35. Every person who contravenes any provision of Section 31 is guilty of an offence and liable on
summary conviction:
a)
in the case of an individual, to a fine of not more than $10,000.00;
b)
in the case of a corporation, to a fine of not more that $25000.00; and
c)
in the case of a continuing offence, to a maximum daily fine of not more than
$2500.00 per day.
36. This Bylaw shall come into force on the day of its final passing.
37. Bylaw 6-05 is hereby repealed.
___________________________________________
Mayor
Administrator
Introduced and read a first time this 12th day of April, 2018
Read a second time this 12th day of April, 2018
Read a third time and passed this 12th, day of April, 2018