Abatement of Nuisances Bylaw
VILLAGE OF TOMPKINS BYLAW NO. 2-2009
A BYLAW OF THE VILLAGE OF TOMPKINS, IN THE PROVINCE OF SASKATCHEWAN, TO PROVIDE FOR THE ABATEMENT OF NUISANCES IN THE VILLAGE OF TOMPKINS.
The Council for the Village of Tompkins, in the Province of Saskatchewan enacts as follows:
1. This Bylaw may be cited as "The Nuisance Abatement Bylaw".
2. 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) people's use and enjoyment of their property; or
c) the amenity of a neighborhood.
3. In this Bylaw:
a) "Act" means The Municipalities Act;
b) "Building" means a building within the meaning of The Municipalities Act;
c) "Council" means the Council of the Village of Tompkins;
d) "Designated Officer" means an employee or agent of the Municipality appointed by Council to act as a municipal inspector for the purposes of this Bylaw;
e) "Junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that
1. has no valid license plates attached to it; or
2. is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled, 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 enterprises lawfully being operated on that land;
f) "Municipality" means the Village of Tompkins;
g) "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 and includes:
1. a building in a ruinous or dilapidated state of repair;
2. an unoccupied building that is damaged and is an imminent danger to public safety;
3. land that is overgrown with grass and weeds;
4. untidy and unsightly property;
5. junked vehicles; and
6. open excavations on property;
h) "Occupant" means an occupant as defined in The Municipalities Act;
i) "Owner" means an owner as defined in The Municipalities Act;
j) "Property" means land or buildings or both;
k) "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 the ground or soil; but not including pavements, curbs, walks or open air surfaced areas.
l) "Unsightly" means lands or buildings that are unpleasant to look at or are aesthetically objectionable.
m) "Untidy" means lands or buildings that are in a disorderly, slovenly and littered condition and are kept in generally poor order.
4. 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
5. No person shall cause or permit a nuisance to occur on any property owned by that person.
6. 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.
7. 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 public safety.
Overgrown Grass and Weeds
8. 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.
9. For the purposes of this section, "overgrown" means in excess of 0.20 metres in height.
10. 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 or combinations thereof.
Untidy and Unsightly Property
11. Notwithstanding the generality of Section 5, no person shall cause or permit any land or buildings to become untidy and unsightly.
12. 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.
13. 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
14. 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 or insects;
b) any dead or hazardous trees; or
c) any sharp or dangerous objects.
Outdoor Storage of Materials
15. 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 harbourage for rodents, vermin and insects.
16. Materials referred to in Section 15 shall be elevated at least 0.15 metres off the ground and shall be stacked at least 1.0 metres from the exterior walls of any building and at least 1.0 metres from the property line. Refrigerators and Freezers
17. Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors removed.
18. Fences shall be maintained in a safe and reasonable state of repair.
Enforcement of Bylaw
19. The administration and enforcement of this Bylaw is hereby delegated to the Administrator for the Village of Tompkins.
20. The Administrator of the Village of Tompkins is hereby authorized to further delegate the administration and enforcement of this Bylaw to the Bylaw Enforcement Officer for the Village of Tompkins.
21. The inspection of property by the Municipality to determine if this Bylaw is being
complied with is hereby authorized.
22. Inspections 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
26. Orders given under Bylaw shall be served in accordance with Section 390(1)(a),
(b) or (c) of The Municipalities Act.
Registration of Notice of Order
27. If an order is 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
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
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; or
b) by adding the amount to 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. Every person who contravenes any provision of Section 32 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 than $25,000.00; and
c) in the case of a continuing offence, to a maximum daily fine of not more
than $2,500.00 per day.
Coming Into Force
34. Upon being read a third time and adopted, this Bylaw shall come into force on
the first day of September, 2009.