M (a Nusance Abatement Bylaw Rural Muncpalty ofcayton No. 333 BYLAW NO. 4/2011 A B^LAW TO PROVDE FOR THE ABATEMENT OF NUSANCES WTHN THE BOUNDARES OF THE ORGANZED HAMLET OF SWAN PLAN The councl for the Rural Muncpalty ofclayton No. 333 n the Provnce ofsaskatchewan enacts as follows: Sho^t Ttle j 1. Ths Bylaw may be cted as The Nusance Abatement Bylaw. Purpose 2. The purpose of ths Bylaw s to provde for the abatement of nusances, wthn the boundares of T the (Organzed Hamlet of Swan Plan, ncludng property, actvtes, or thngs that adversely affect: a) the safety, health or welfare of people n the neghbourhood; b) people's use and enjoyment of ther property; or (1 c) the amenty of a neghbourhood. Defntons 3. n t^s Bylaw: a) 'pesgnated Offcer" means an employee or agent of the Muncpalty apponted by Councl to act as a muncpal nspector for the purposes of ths Bylaw; b) 'buldng" means a buldng wthn the meanng of The Muncpaltes Act; c) "Muncpalty" means the Rural Muncpalty of Clayton No. 3 33; d) ^Councl" means the Councl of the Rural Muncpalty ofclayton No. 333; e) "funked vehcle" means any automoble, tractor, tmck, traler or other vehcle that 11 ) ether: (1) has no vald lcense plates attached to t; or (2) s n a rusted, wrecked, partly wrecked, dsmantled, partly dsmantled, noperatve or abandoned condton; and ) s located on prvate land, but that: (1) s not wthn a structure erected n accordance wth any Bylaw respectng the ; erecton of buldngs and structures n force wthn the Muncpalty; and (2) does not form a part of a busness enterprse lawfully beng operated on that land; f) "nusance" means a condton of property, or a thng, or an actvty, that adversely affects or tftay adversely affect: ) the safety, health or welfare of people n the neghbourhood; H) people's use and enjoyment of ther property; or H) the amenty of a neghbourhood 'and ncludes:
) a buldng n a runous or dlapdated state of repar; A -11 (a),) an unoccuped buldng that s damaged and s an mmnent danger to publc safety; ju) land that s overgrown wth grass and weeds; j^) untdy and unsghtly property; ^ junked vehcles; and open excavatons on property; g) "cccupant" means an occupant as defned n The Muncpaltes Act; h) "owner" means an owner as defned n The Muncpaltes Act; ) "property" means land or buldngs or both; j) "s;truchre" means anythng erected or constructed, the use of whch requres temporary or permanent locaton on, or support of, the sol, or attached to somethng havng permanent lctcaton on the ground or sol; but not ncludng pavements, curbs, walks or open ar surfaced r areas. Responsblty 4. Unless otherwse specfed, the owner of a property, ncludng land, buldngs and structures, shallj be responsble for carryng out the provsons of ths Bylaw. l! 11 Nusances Prohbted Generally 5. No person shall cause or permt a nusance to occur on any property owned by that person. Dlapdated Buldngs lr 6. Notwthstandng the generalty of secton 5, no person shall cause or permt a buldng or structure to deterorate nto a runous or dlapdated state such that the buldng or structure: a) js dangerous to the publc health or safety; b) Substantally deprecates the value of other land or mprovements n the neghbourhood; or c) [s substantally detrmental to the amentes of the neghbourhood. Unoccuped Buldngs 7. NqtJvthstandng the generalty of secton 5, no person shall cause or permt an unoccuped bulldng to become damaged or to deterorate nto a state ofdsrepar such that the buldng s an mmnent danger to publc safety. Overgrown Grass and Weeds 8. Notvthstandng the generalty of secton 5, no owner or occupant of land shall cause or permt ; the land to be overgrown wth grass or weeds. ' 9. For: the purposes of ths secton 8 of ths bylaw, "overgrown" means n excess of 0.15 metres n heght. 10. Septon 8 of ths bylaw shall not apply to any growth whch forms part of a natural garden that : has been delberately planted to produce ground cover, ncludng one or more speces of wldflowers, shrubs, perennals, grasses or combnatons of them, whether natve or non-natve, consstent wth a managed and natural landscape other than regularly mown grass, 2
11 (a) Untdy and Unsghtly Property 11. Notwthstandng the generalty of secton 5, no person shall cause or permt any land or buldngs to become untdy and unsghtly. ; t ll Junked Vehcles 12. Notvsdthstandng the generalty of secton 5, no person shall cause or permt any junked vehcle to b. kept on any land owned by that person. Unless kept n an orderly row and s suppled wth rodajt batng statons.! Opelp Excavatons ' 13. Notwthstandng the generalty of secton 5, no person shall cause or permt any basement, exc^aton, dran, dtch, watercourse, pond, surface water, swmmng pool or other structure to n exsts n or on any prvate land or n or about any buldng or structure whch s dangerous to the publc safety or health. Majbtenance of Yards 14. Notwthstandng the generalty of secton 5, no person shall cause or permt on any property owned by that person: a) at nfestaton of rodents, vermn or nsects; b) ajay dead or hazardous trees; or c) a^y sharp or dangerous objects. ;1; Outldoor Storage of Materals 15. An}t'buldng materals, lumber, scrap metal, boxes or smlar tems stored n a yard shall be nesdty stacked n ples and elevated off the ground so as not to consttute a nusance or [ harlfcurage for rodents, vermn and nsects. j! : 16. Materals referred to n secton 15 shall be elevated at least 0.15 metres off the ground and shall be stacked at least 3.0 metres from the exteror walls of any buldng and at least 1.0 metre from the property lne and suppled wth rodent batng statons. R^f-gerators and Freezers 17. An^ refrgerator or freezer left n a yard shall frst have ts hnges, latches, ld, door or doors removed. Fences 18. Fer6es shall be mantaned n a safe and reasonable state of repar. ; Enforcement of Bylaw 19. Th& admnstraton and enforcement of ths bylaw s hereby delegated to the Admnstrator for the;rural Muncpalty ofclaytonno. 333.
20. The Admnstrator of the Rural Muncpalty ofclayton No. 333 s hereby authorzed to further 11 <a) delegate the admnstraton and enforcement of ths bylaw to the board of the Organzed Hamlet of Swan Plan. nspectons 21. The hspecton of property by the Muncpalty to determne f ths bylaw s beng compled wth s hereby authorzed. 22. nspectons under ths Bylaw shall be carred out n accordance wth secton 362 of The Muncpaltes Act. 23. No pjerson shall obstruct a Desgnated Offcer who s authorzed to conduct an nspecton under ths ^ecton, or a person who s assstng a Desgnated Offcer. Ordfer to Remedy Contraventons 24. f a pesgnated Offcer fnds that a person s contravenng ths bylaw, the Desgnated Offcer may ^ by wrtten order, requre the owner or occupant of the property to whch the contraventon relates to remedy the contraventon. 25. Orders gven under ths bylaw shall comply wth secton 364 of The Muncpaltes Act. '! H 26. Orders gven under ths bylaw shall be served n accordance wth secton 390 of The Muncpaltes Act. Regstraton of Notce of Order 27. f a^ order s ssued pursuant to secton 24, the Muncpalty may, n accordance wth secton 364 pf The Muncpaltes Act, gve notce of the exstence of the order by regsterng an nterest agapst the ttle to the land that s the subject of the order. ;[ ;1 Appeal of Order to Remedy 28. A person may appeal an order made pursuant to secton 24 n accordance wth secton 365 of ' The\ Muncpaltes Act. \! ; M^tacpalty Remedyng Contraventons 29. Tre^Muncpalty may, n accordance wth secton 366 of The Muncpaltes Act, take whatever \\ actons or measures are necessary to remedy a contraventon of ths bylaw. 30. n at emergency, the Muncpalty may take whatever actons or measures are necessary to elcjlnate the emergency n accordance wth the provsons of secton 367 of The Muncpaltes Act. Recovery of Unpad Expenses and Costs 31. Any unpad expenses and costs ncurred by the Muncpalty n remedyng a contraventon of ths bylaw may be recovered ether:
a) by cvl acton for debt n a court of competent jursdcton n accordance wth secton 368 of M 11 (a) T!ze Muncpaltes Act; or b) by addng the amount to the taxes on the property on whch the work s done n accordance wth secton 369 of The Muncpaltes Act. Offces and Penaltes 32. No pbrson shall: a) f^l to comply wth an order made pursuant to ths bylaw; b) obstruct or nterfere wth any Desgnated Offcer or any other person actng under the authorty of ths bylaw; or c) f^l to comply wth any other provson of ths bylaw. 33. A Desgnated Offcer who has reason to beleve that a person has contravened any provson of ths l^ylaw may serve on that person a Notce of Volaton, whch Notce of Volaton shall ndcate that the Muncpalty wll accept voluntary payment n the sum of One hundred dollars $100.00 to be pad to the Muncpalty wthn 15 days. 34. Wh^re the Muncpalty receves voluntary payment of the amount prescrbed under secton 33 wthn the tme specfed, the person recevng the Notce of Volaton shall not be lable to prosecuton for the alleged contraventon. 35. Payttent of any Notce of Volaton does not exempt the person from enforcement of an order pursuant to secton 24 of ths bylaw. l 36. Eve^y person who contravenes any provson of secton 32 s gulty of an offence and lable on sumnary convcton: a) n the case of an ndvdual, to a fne of not more than $ 10,000; b) ^ the case of a corporaton, to a fne of not more than $25,000; and c) ^ the case of a contnung offence, to a maxmum daly fne of not more than $2,500 per day. Conng nto Force 37. Th$ bylaw shall come nto force on the day of ts fnal passng. ^^51\ ^"fnc^a,!g( f^ Ml?Sl fss^!3k. ^z w^ VVVvv^^ Read a ths 8\\Asy of^xlrut.,301 Reeve c, f^y^j^ W//6/.^^\/^^^ Admnst Clauses 8(l)(b) & 8(l)(d) T/ze Muncpaltes Act /^M^_/^/^^_ A.d8nstrat6r ^ ^ ^ ^J 1; 1. u :r "r"