A BYLAW of the Town of Cupar in the Province of Saskatchewan, to provide for the abatement of nuisances within the Town of Cupar.

 

THE COUNCIL FOR THE TOWN OF CUPAR IN THE PROVINCE OF SASKATCHEWAN ENACTS AS FOLLOWS:

 

Short Title:

 

  1. This Bylaw may be cited as the Nuisance Abatement Bylaw.

 

Purpose:

  1. 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)        peopleÕs use and enjoyment of their property; or

c)         the amenity of a neighborhood

 

Definitions:

  1. In this Bylaw:

a)         ÒDesignated OfficerÓ means an employee or agent of the Municipality appointed by Council to act as a municipal inspector fro the purposes of this Bylaw:

b)        ÒbuildingÓ means a building within the meaning of  The Municipalities Act;

c)         ÒMunicipalityÓ means the Town of Cupar;

d)        ÒCouncilÓ means the Council of the Town of Cupar;

e)         Òjunked vehicleÓ 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 rusted, wrecked, partly wrecked, dismantled, partly dismantle, 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)          ÒnuisanceÓ means a condition of property, or a thing, or an activity, that aversely affects or may adversely affect:

i)     the safety , health or welfare of people in the neighborhood;

ii)   peopleÕs use and enjoyment of their property; or

iii) the amenity of a neighborhood

                        and includes:

i)      a building in a 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;

g)        ÒoccupantÓ means an occupant as defined in The Municipalities Act;

h)        ÒownerÓ means an owner as defined in The Municipalities Act;

i)           ÒpropertyÓ means land or buildings or both;

j)           ÒstructureÓ 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

  1. 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

  1. No person shall cause or permit a nuisance 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:

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

  1. Notwithstanding the generality of Section 5, no person shall cause or permit an un-occupied 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

  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 the purposes of this section, ÒovergrownÓ means in excess of 0.20 meters (7.8 inches) 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 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

  1. Notwithstanding the generality of Section 5, no person shall cause or permit any land or buildings to become untidy and unsightly.

 

Junked Vehicles

  1. 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

  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.

 

Maintenance of Yards

  1. 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, insects;

b)        any dead or hazardous trees; or

c)         any sharp or dangerous objects.

 

Outdoor Storage Materials

  1. 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.
  2. 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 (approx 10 feet)from the exterior walls of any building and at least 1.0 meter (3 feet 3 inches) from the property line.

 

Refrigerators and Freezers

  1. Any refrigerator or freezer left or used for storage in a yard shall first have its hinges, latches, lid, door or doors removed.  If the refrigerator or freezer is not used for storage of any kind it must be permanently removed from the premises.

 

Fences

  1. Fences shall be maintained in a safe and reasonable state of repair.

 

Enforcement of Bylaw

  1. The administrator and enforcement of this Bylaw is hereby delegated to the Administrator of the Town of Cupar.
  2. The Administrator of the Town of Cupar is hereby authorized to further delegate the administration and enforcement of this Bylaw to a designated Bylaw Enforcement Officer or the Assistant Administrator.

 

Inspections

21. The inspection of property by the Municipality to determine if this Bylaw is being complied with is hereby authorized.

 

22. Inspection under this Bylaw shall be carried out in accordance with Section 362 of The Municipalities Act.

 

23 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

24. 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.

 

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) if The Municipalities Act.

 

Registration of Notice of Order

27. If an order 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 an 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

            b)  by adding to amount of 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 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.

 

33. 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 indicate that the Municipality will accept voluntary payment in the sum of ÉÉÉÉ..to be paid to the Municipality within 30 days.

 

34. Where the Municipality receives voluntary payment of the amount prescribed under Section 22 within the time specified, the person receiving the Notice of Violation shall not be liable to prosecution 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 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 $5,000.00;

            b) in the case of a corporation, to a fine of not more that $10,000.00;

            c) in the case of continuing offence, to a maximum daily fine of not more than $500.00 per day.

 

Repeal of Former Bylaws

37. Bylaw #3-2005 is hereby repealed.

 

38. This Bylaw shall come into force on the day of its final passing.

 

 

____________________________            _________________________________

            Mayor                                                                                                                           Administrator

 

 

Certified a true copy

Of Bylaw 2-2006 adopted

On ÉÉÉÉ.., 2006

 

 

_____________________

Administrator