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Nuisance Abatement Bylaw
Rural Municipality of Sherwood # 159
BYLAW NO. 7/15
A BYLAW TO PROVIDE FOR THE ABATEMENT OF NUISANCES
WHEREAS the Council of the Rural Municipality of Sherwood #159 in the Province of
Saskatchewan ("Council") considers it expedient and in the public interest to deter
unhealthy, dangerous, potentially dangerous or unattractive property and nuisances;
NOW THEREFORE Council enacts as follows:
Title
1.
This Bylaw may be cited as The Nuisance Abatement Bylaw, 2015.
Purpose
2.
The purpose of this Bylaw is to provide for the abatement of nuisances including
unsightly property.
Definitions
3.
In this Bylaw:
(a) "agricultural property" means land that is zoned Agricultural or Agricultural
Residential, and includes buildings on that land;
(b) "derelict vehicle" means any automobile, tractor, truck, trailer or other vehicle
that:
(i)
either has no valid licence plates attached to it or that is not
currently registered; and
(ii)
is in a rusted, wrecked, partly wrecked, dismantled, partly
dismantled, inoperative or abandoned condition;
but does not include a vehicle that:
(iii)
is within a structure erected in compliance with any bylaw
respecting the erection of buildings and structures in force within
the municipality or is otherwise concealed from view; or
(iv)
forms a part of a business enterprise lawfully being operated on
that land;
(c) "designated officer" means the administrator of the muncipality or any other
person appointed as a designated officer by the administrator;
(d) "good repair" means the condition of property when none of the following is
present:
(i)
significant damage;
(ii)
peeling surfaces;
(iii)
broken, missing or fallen parts;
(iv)
rot or significant deterioration;
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(v)
openings that are not secured against trespassers or infiltration of
air and precipitation; or
(vi)
other evidence of a lack of general maintenance;
(e) "graffiti" means any images, lettering or scratching that is scrawled, painted or
marked in any manner on property without the consent of the property owner;
(f) "municipality" means the Rural Municipality of Sherwood #159;
(g) "nuisance" means a condition of property, or a thing or an activity that
adversely affects or may adversely affect the safety, health or welfare of people,
people's use and enjoyment of their property, or the attractiveness of the
municipality, 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 to an extent that, in the
opinion of a designated officer, is excessive or demonstrates neglect;
(iv) untidy and unsightly property or property that is not in a state of good
repair;
(v) junked vehicles; and
(vi) open excavations on property;
(h) "property"means
(i) the whole or part of any parcel of land;
(ii) any buildings, structures or improvements on land; or
(iii) where the context so requires, chattels;
(i) "refuse" means all solid and liquid wastes of whatever nature or kind and
includes:
(i) broken dishes, cans, glass, rags, cast-off clothing, waste paper,
cardboard, containers, organic and inorganic yard and garden waste,
garbage, fuels, chemicals, hazardous materials, tires, or any other form of
waste or litter;
(ii) derelict vehicles;
(iii) equipment or machinery that has been abandoned or that is
inoperative by reason of its disassembly, age, mechanical condition or
other cause; and
(iv) any household appliance stored outside of a residence or other
building regardless of whether or not the appliance is in an operative
condition;
(j) "structure" means anything erected or constructed, the use of which requires
temporary or permanent location on, over or under land, but does not include
pavements, curbs, walks, or open air surfaced areas.
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Nuisances prohibited generally
4.
Subject to sections 6 to 9, no owner of property shall cause or permit a nuisance
to occur on or with respect to that property.
Dilapidated buildings
5.
No owner of a building or structure shall cause or permit the building or structure
to deteriorate into such a ruinous or dilapidated state that the building or structure:
(a) is dangerous to the public health or safety due to the presence of excavations,
structures, materials or any hazard or condition with poses a danger;
(b) substantially depreciates the value of other land or improvements in the
municipality;
(c) is substantially detrimental to the attractveness of the municipality due to lack
of repair or maintenance, including:
(a) significant deterioriation;
(b) broken or missing windows, siding, shingles, shutters, eaves or other
building material; or
(c) signficant fading, chipping or peeling of painted areas; or
(d) has any graffiti displayed on it that is visible from any surrounding property.
Maintenance of property
6.
No owner of property shall permit any of the following to occur on that property:
(a)
excessive accumulation of material, such as construction equipment or
machinery, building materials, applicances, household goods, boxes, tires, vehicle
parts, garbage or refuse, whether of any apparent value or not;
(b)
the accumulation of refuse or other waste products in temporary storage
containers for an unreasonable period of time;
(c)
storage of more than six derelict vehicles on any property;
(d)
excessive accumulation of feces, other than manure or animal waste on
agrciultural land, animal material or carcasses;
(e)
an infestation of rodents, vermin or insects;
(f)
any dead or hazardous trees or any sharp or dangerous objects, unless the
trees or objects are on agricultural property and are:
(i) located at least 50 meters from the front, side or rear of the property
where a developed road allowance exists adjacent to the front, rear, or side
yard; and
(ii) obstructed from obvious view;
(g)
production of generally offensive odours, unless produced through
reasonable and generally accepted agricultural practice or by the reasonable and
generally accepted operation of a permitted landfill or transfer station.
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Outdoor storage of materials
7.
The owner of any property shall ensure that any building materials, lumber, scrap
metal, boxes or similar items stored on the property are neatly stacked in piles as follows:
(a) elevated at least 0.15 metres off the ground;
(b) at least 3.0 metres from the exterior walls of any building; and
(c) at least 1.0 metre from the property line or, where the property is adjacent to a
municipal road, at least 150 ft from the center of the road.
Fences
8.
The owner of any property shall ensure that all fences are maintained in a safe and
reasonable state of repair.
Bylaw 06/10 repealed
9.
Bylaw 06-10, The Nuisance Abatement Bylaw, is repealed.
Coming Into Force
10.
This Bylaw comes into force on the day it receives third reading.
Read a first time on the____ day of ______, 2015.
Read a second time on the _____ day of ______, 2015.
Read a third time and adopted the ___ day of ______, 2015.
________________________
Reeve
(SEAL)
________________________
Administrator
________________________
Official Administrator