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:
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
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 Cupar;
d) "Council" means the Council of the Town of Cupar;
e) "junked vehicle" means any automobiles, tractors, trucks, trailers or other vehicles that
1) has no valid license plates attached to it; or
rusted, wrecked, partly wrecked, dismantled, partly dismantle, inoperative,
non- licensable; 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
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
i) a building, container, storage unit, trailer, or mobile home unit in a ruinous or dilapidated state of repair;
an unoccupied building container, storage unit,
trailer, or mobile home unit 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) "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;
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.
Nuisances Prohibited Generally
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.
Overgrown Grass and Weeds
Untidy and Unsightly Property
Maintenance of Yards
a) an infestation of rodents, vermin, insects;
b) any dead or hazardous trees; or
c) any sharp or dangerous objects.
Outdoor Storage Materials
Refrigerators and Freezers
Fences shall be maintained in a safe and reasonable state of repair.
Enforcement of Bylaw
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
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
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
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 (see item 36 below) to be paid to the Municipality within 30 days.
34. Where the Municipality
receives voluntary payment of the amount prescribed under Section 33 within the
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 $10,000.00;
b) in the case of a corporation, to a fine of not more that $25,000.00;
c) in the case of continuing offence, to a maximum daily fine of not more than $2,500.00 per day.
Repeal of Former Bylaws
37. Bylaw #2-2006 is hereby repealed.
38. This Bylaw shall come into force on the day of its final passing.
Certified a true copy
Of Bylaw 5-2011 adopted
On , 2011