Council looks at redrafted bylaw

Concern has been expressed that a draft bylaw to keep Maple Creek tidy, well-maintained and safe may be too far-reaching.
Some wording in the document – such as clean, sanitary and tidy – has also been criticized for being open to interpretation.
The bylaw to regulate maintenance and provide for the abatement of nuisances within the Town of Maple Creek was presented to Council on July 26 for first reading.
An amended version will return to Council for second and third readings.
Barry Elliott, chief administrative officer, said the language of the existing bylaw needed significant revision.
The redrafted bylaw was intended to make the job of the bylaw officer easier.
It included more definition on specific elements and a lot of information related to structure repair.
“I have strengthened some of the process for enforcement, which is the key element,” said Elliott. “To this point in time, I understand bylaw officers in past years have provided notices of violation, perhaps warnings and that sort of thing.”
Elliott said the Town did not have the resources to engage back and forth with alleged bylaw violators.
“Instead, what I’m proposing and the approach I’m taking is that I will issue orders to remedy.”
Property owners, said Elliott, would be made aware of a problem, knowing that they are responsible for correcting it and accountable for costs. They would be given time to comply.
If the order is ignored, the Town will be able to do the necessary work. Costs could be added to taxes.
“It moves the process along,” said Elliott.
He added this was a tried, true and effective method of enforcement, that had been reviewed by solicitors.
The intent of the bylaw, said Elliott, was to solidify the ability of a bylaw officer to do his or her job.
Councillor Tina Cresswell expressed appreciation that a section dealing with excessive growth of weeds or grass, under the heading “maintenance of yards”, did allow for exemptions.
The draft bylaw reads, “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.”
Cresswell asked whether the bylaw would apply to every structure, whether rented or nor.
“All properties within the municipal boundary,” said Elliott.
Councillor Betty Abbott said people’s definitions of clean, tidy and sanitary differs. Those types of words contained in the draft bylaw were open to interpretation, she said.
Councillor Jill Roy shared Councillor Abbott’s concerns about the bylaw.
“We need to look at it a little closer,” she said.
Councillor Cara Teichroeb expressed similar sentiments.
“I think it is very far-reaching into people’s private lives,” she said.
Councillor Cresswell said it was a good to keep Maple Creek looking, good, tidy, safe and well-maintained, but perhaps the proposed bylaw was a little over-reaching.

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