Nuisance Abatement


BYLAW ­­­15 - 05

Village of MacNutt

Nuisance Abatement Bylaw

 

A BYLAW of the ­­­­­­­­­­­­­­­­­Village of MacNutt in the Province of Saskatchewan, to provide for the abatement of nuisances within the Village of MacNutt.

 

THE COUNCIL FOR THE VILLAGE OF MACNUTT IN THE PROVINCE OF SASKATCHEWAN ENACTS AS FOLLOWS:

1.        Short Title

 

This Bylaw may be cited as The Nuisance Abatement Bylaw.

2.        Purpose

 

The purpose of this Bylaw is to provide for the abatement of nuisances, including property, activities, or things that adversely affect:

-          the safety, health or welfare of people in the neighborhood;

-          people’s use and enjoyment of their property; or

-          the amenity of a neighborhood.

3.        Definitions

In this Bylaw:

 

“Designated Officer” means an employee or agent of the Municipality appointed by Council to act as a municipal inspector who will administer and enforce this Bylaw;

 

“Building” means a building within the meaning of The Municipalities Act;

 

“Municipality” means the Village of MacNutt;

 

“Council” means the Council of the Village of MacNutt;

 

“Junked Vehicle” means any automobile, tractor, truck, trailer or other vehicles that

i)          either;

-     has no valid license plates attached to it; or

-     is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled,

       inoperative or abandoned condition; and

ii)         is located on private land, but that:

-     is not within a structure erected in accordance with any Bylaw respecting the

erection of buildings and structures in force within the Municipality; and

             -     does not form a part of a business enterprise lawfully being operated on that

       land;

 

“Nuisance” means an ongoing condition of property, or thing, or an activity that adversely affects or may adversely affect:

-           the safety, health or welfare of people in the neighborhood;

-           people’s use and enjoyment of their property; or

-           the amenity of a neighborhood

 

 

                                    and includes:

   -           a building in a ruinous or dilapidated state of repair;

   -           an unoccupied building that is damaged and is an imminent danger to public safety;

   -           land that is overgrown with grass and weeds;

   -           untidy or unsightly property;

   -           junked vehicles; and

   -           open excavations on property;

 

“Occupant” means an occupant as defined in The Municipalities Act;

 

“Owner” means an owner as defined in The Municipalities Act;

 

“Property” means land or buildings or both;

 

“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 ground or soil; but not including pavements, curbs, walks or open air surfaced areas.

4.        Responsibility

Unless otherwise specified, the owner of the property , including land, buildings and structures, shall be responsible for carrying out the provision of this Bylaw.

5.        Nuisances Prohibited Generally

No person shall cause or permit a nuisance to occur on any property owned by that person.

6.        Dilapidated 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:

            -           is dangerous to the public health or safety;

-           substantially depreciates the value of other land or improvements in the neighborhood;

            -           is substantially detrimental to the amenities of the neighborhood.

7.        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 the public.

8.        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 0.2 metres in height.

 

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.

9.        Untidy and Unsightly Property

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

10.      Junked Vehicles

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.

11.      Open Excavations

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.

12.      Maintenance of Yards

Notwithstanding the generality of Section 5, no person shall cause or permit on any property owned by that person:

-          an infestation of rodents, vermin or insects

-          any dead or hazardous trees

-          any sharp or dangerous objects.

13.      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 harborage of rodents, vermin and insects.

                       

Materials shall be elevated at least 0.15 metres off the ground and shall be stacked at least 3.0 metres from exterior walls of any building and at least 1.0 metre from the property line.

14.      Refrigerators and Freezers

Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors removed.

15.      Fences

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

16.      Enforcement of Bylaw

The administration and enforcement of this Bylaw is hereby delegated to a Designated Officer.

17.      Inspections

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

 

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

 

No person shall obstruct a Designated Officer who is authorized to conduct an inspection under this section, or person who is assisting a Designated Officer.

18.      Order to Remedy Contraventions

If a Designated Officer finds that a person is contravening this Bylaw, the Designated Officer may, by written order, as per Schedule A attached, 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.

 

Orders given under this Bylaw shall be served in accordance with Section 390(1)(a), (b) or (c) of The Municipalities Act.

19.      Registration of Notice of Order

If an order is issued pursuant to Section 18, 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.

20.      Appeal of Order to Remedy

A person may appeal an order made pursuant to Section 18 in accordance with Section 365 of The Municipalities Act.

 

21.      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.

 

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. See

Schedule B

22.      Recovery of Unpaid Expenses and Costs

Any unpaid expenses and costs incurred by the Municipality in remedying a contravention of 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

-          by adding the amount to the taxes of the property on which the work is done in accordance with Section 369 of The Municipalities Act.

23.      Offences and Penalties

No person shall:

-          fail to comply with an order made pursuant to this Bylaw;

-          obstruct or interfere with any Designated Officer or any other person  acting under the authority of this Bylaw; or

-          fail to comply with any other provision of this Bylaw.

 

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 as per Schedule C, which Notice of Violation shall indicate that the Municipality will accept payment in the sum of two hundred and fifty dollars ($250.00) to be paid to the Municipality within seven (7) days.

 

Where the Municipality receives payment of the amount prescribed above within the time specified, the person receiving the Notice of Violation shall not be liable to prosecution for the alleged contravention.

 

Payment of any Notice of Violation does not exempt the person from enforcement of an order pursuant to Section 18 of this Bylaw.

 

Every person who contravenes any provision of this Bylaw is guilty of an offence and liable on summary conviction:

-          in case of an individual, to a fine of not more than $10,000;

-          in the case of a corporation, to a fine of not more than $25,000;

-          in the case of a continuing offence, to a maximum daily fine of not more than $2,500 per day.

24.      Coming into Force

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

25.  Bylaw 2011 – 01 is hereby repealed.

 

 

 

 

 

________________________________        _________________________________

Mayor                                                              Village Clerk

 

 

 

Certified true copy of Bylaw 15 – 05 adopted

by Council this 2nd day of June 2015.

 

                                                                                                Seal

_________________________________                             

Village Clerk

 


Bylaw #15 - 05

 

Schedule A:

 

__________________________ Nuisance

 

 

That the Committee hereby declares the                                     

 

                                             located on               

 

                                                      , the civic address

 

of the property being declared to be a nuisance under Section______ of Bylaw

 

#15 - 05, the Nuisance Abatement Bylaw, for the following reason(s):

     ·    

 

 

 

 

 

That the Designated Officer is hereby authorized to issue an order to the owner/occupant,

 

_____________________________, of the said property requiring owner/occupant,

 

__________________________________ to undertake the following work:

    ·     

 

 

Said remedial actions to be undertaken on or before the ____ day of _______, 20___;

And that if the remedial work noted above is/are not completed by the date noted above the municipality is authorized to take whatever steps are necessary to complete the work and recover costs.

 

________________________________        ____________________________
Mayor                                                              Village Clerk

 

___________________________Date


Bylaw # 15 - 05

 

Order to Remedy Nuisance

 

NAME:_____________________________________________

 

ADDRESS:_______________________________________________________________

 

_______________________________________________________________________

 

Lot Block Plan:________________________________________

 

CIVIC ADDRESS:_____________________________________

 

NOTICE OF VIOLATION

TAKE NOTICE THAT in accordance with Section_______of Bylaw No. 15 - 05 (the Nuisance Abatement Bylaw) the property described above has been inspected by the Designated Officer of the Village of MacNutt on _____________________________,20___.

 

THAT as a result of the above inspection, the land, building, structure, vehicle or thing described as ________________________________________________________ located on the land described above is hereby declared a nuisance because:

     ·    

 

 

 

 

AND THAT the records of The Village of MacNutt show that you are the owner or occupant of the property described above.

 

ORDER TO REMEDY

Under authority provided by Section 18 of Bylaw No. 15 - 05 you are hereby ordered to remedy the above violation by:

    ·     

 

 

 

 

The remedial action noted above is to be completed no later than _________________,20__.

 

RIGHT TO APPEAL

TAKE NOTICE THAT you are provided the right to appeal this Order; and

 

THAT the appeal may be filed with: Village Clerk, Box 10MacNuttSaskatchewan S0A 2K0, no later than 15 days from the date of this Order.

 

 

TAKE FURTHER NOTICE THAT a hearing to consider your appeal will be held as follows:

 

         TIME / DATE:   ______________________________

         PLACE:        ______________________________

           

 


 

 

 

Bylaw # 15 – 05

 

FAILURE TO COMPLY WITH THE ORDER

TAKE NOTICE THAT if you fail to remedy this contravention by the date set forth above or fail to file an appeal as stated above, the Village of MacNutt will proceed to undertake action to remedy the contravention; and

 

THAT all costs, less any amount received by the Village of MacNutt from selling or otherwise disposing of property may be added to, and thereby forms part of, the takes on the property.

 

 

Dated at MacNutt,

in the Province of Saskatchewan,

this___________day of_______________, 20___.

 

 

 

 

 

 

                                                   ________________________________________

                                                                        Designated Officer


Bylaw # 15 - 05

 

Schedule B:

Emergency Action Taken

 

That the Committee hereby declared the __________________________located on

 

__________________________, the civic address of the property being declared:

-          to be an imminent danger to public safety

-          pose a risk of causing serious harm to other property for the following reasons:

 

 

 

 

 

 

That the following actions be taken immediately to eliminate danger

 

 

 

 

 

 

 

 

 

That the Designated Officer notify the owner of the said property by registered mail of the action taken by the Village of MacNutt respecting the said property; and

 

That the owner be notified that the Village of MacNutt intends to recover from the owner all costs associated with eliminating the danger on the said property; and

 

That the owner be invited to appear before council at a meeting to be held on ___________________________ to make representations if he or she disputes the need for the actions or the intent to recover the costs.

 

 

___________________________________              _________________________________

Mayor                                                                          Village Clerk

 

 

_________________________
Date


Bylaw # 15 - 05

 

Order to Remedy Imminent Danger

 

NAME:_____________________________________________

 

ADDRESS:_______________________________________________________________

 

_______________________________________________________________________

 

Lot Block Plan:________________________________________

 

CIVIC ADDRESS:_____________________________________

 

DECLARATION OF IMMINENT DANGER

TAKE NOTICE THAT in with accordance with Section___________of Bylaw No. 15 – 05

(the Nuisance Abatement Bylaw), on________________ the Village of MacNutt (the municipality) has declared the building (or other structure or thing) __________________

________________________________located on the property described above to

·          be an imminent danger to public safety.

·          Pose a risk of causing serious harm to other property because of:

           

 

 

 

     

ORDER TO TAKE EMERGENCY ACTION

TAKE NOTICE THAT the records of the Village of MacNutt show that you are the owner / occupant of the property described above;

 

AND THAT under authority provided by Section ______________ of Bylaw No. 15 - 05

____________you are hereby ordered to remedy the above condition by:

·         

 

 

 

 

 

The emergency action noted above is to be completed no later than ______________, 20___.

 

 

 

 

FAILURE TO COMPLY WITH THE ORDER

TAKE NOTICE THAT if you fail to comply with this order, the Village of MacNutt will proceed to undertake the work;

 

AND THAT all costs, less and amount received by the Village of MacNutt from selling or otherwise disposing of property may be added to, and thereby forms part of, the taxes on the property.


Bylaw # 15 – 05

 

APPEAL

TAKE NOTICE THAT you are invited to attend the meeting of the Council of the Village of MacNutt to be held on _______________________________________________________ to make representations with respect to the need for this action or the intent of charging the cost of the emergency action against the said property.

 

 

Dated at MacNutt,

in the Province of Saskatchewan,

this___________day of_______________, 20___.

 


Bylaw # 15 - 05

 

Notice of Emergency Action Taken

 

 

NAME:_____________________________________________

 

ADDRESS:_______________________________________________________________

 

_______________________________________________________________________

 

Lot Block Plan:________________________________________

 

CIVIC ADDRESS:_____________________________________

 

DECLARATION OF IMMINENT DANGER

TAKE NOTICE THAT in with accordance with Section___________of Bylaw No. 15 - 05

_________(the Nuisance Abatement Bylaw), on________________ the Village of MacNutt (the municipality) has declared the building (or other structure or thing) __________________

________________________________located on the property described above to

·          be an imminent danger to public safety.

·          Pose a risk of causing serious harm to other property because of:

    

 

           

 

 

 

     

ACTION TAKEN

TAKE NOTICE THAT the Village of MacNutt has taken the following actions:

 

 

 

 

 

 

 

 

 

COSTS

TAKE NOTICE THAT the records of the Village of MacNutt show that you are the owner of the property described above;

 

AND THAT the Village of MacNutt intends to recover from you the costs of the above actions specifically:

 

 

 

 

 

 

 

 

 

 


Bylaw # 15 - 05

 

APPEAL

TAKE NOTICE THAT you are invited to attend the meeting of the Council of the Village of MacNutt to be held on _______________________________________________________ to make representations with respect to the need for this action or the intent of charging the cost of the emergency action against the said property.

 

 

Dated at MacNutt,

in the Province of Saskatchewan,

this___________day of_______________, 20___.

 

 

 

 

 

 

                                                   ________________________________________

                                                                        Designated Officer

 

 


Bylaw # 15 - 05

 

Schedule C:

 

 

That the Village of MacNutt has reason to believe that______________________________

 

has violated Section ______ of Bylaw No. 15 - 05; and that the Village of MacNutt intends

 

to prosecute ____________________________ with respect to this violation and hereby

 

instructs the Designated Officer to serve a notice of violation on

 

_________________________; and

 

That on or after______________________________, the Designated Officer shall take steps to

 

issue a summons to  _______________________________ except and unless the voluntary

 

payment is paid to the Village of MacNutt.

 


Bylaw # 15 - 05

 

Notice of Violation

 

 

NAME:_____________________________________________

 

ADDRESS:_______________________________________________________________

 

_______________________________________________________________________

 

Lot Block Plan:________________________________________

 

CIVIC ADDRESS:_____________________________________

 

NOTICE OF VIOLATION

TAKE NOTICE THAT the records of the Village of MacNutt (the municipality) show that you are the owner / occupant of the property described above;

     

AND THAT the Village of MacNutt has reason to believe that on or about the _________day of _________, 20__ you did or you did allow the following:

·

 

 

           

 

in contravention of Section________ of Bylaw No. 15 - 05 (the Nuisance Abatement Bylaw) to occur on the above described property.

 

PENALTY

TAKE NOTICE THAT Section________ of Bylaw No. 15 – 05 states that every person who contravenes a provision of this Bylaw is guilty of an offence and is liable on summary conviction to the following penalty:

·         

 

 

 

 

 

PAYMENT

TAKE NOTICE THAT the Village of MacNutt will accept a payment in the amount of two hundred and fifty dollars ($250.00).

 

AND THAT upon receipt of the above payment within seven (7) days of the date of this Notice of Violation, a person shall not be liable to prosecute for the alleged contravention.


 

Bylaw # 15 - 05

 

SUMMONS

TAKE NOTICE THAT failure to remit the payment to the Village of MacNutt within seven(7) days will result in the issuance of a Summons.

 

 

Dated at MacNutt,

in the Province of Saskatchewan,

this___________day of_______________, 20___.

 

 

 

 

 

 

                                               ________________________________________

                                                                        Designated Officer