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RESORT VILLAGE OF LUMSDEN BEACH
BYLAW NO. 2018 - 5
A BYLAW TO PROVIDE FOR THE ABATEMENT OF NUISANCES
The Council of the Resort Village of Lumsden Beach (RVLB) in the Province of Saskatchewan enacts as follows:
1. PURPOSE
This Bylaw is to provide for the abatement of nuisances, including property, activities, or things that
adversely affect: the safety, health or welfare of people in the neighborhood; people's use and enjoyment of
their property; or, the amenity of the neighborhood.
2. DEFINITIONS
a. "Administrator" means the individual appointed by the Resort Village of Lumsden Beach to act on
Council's behalf;
b. "Building" means a building within the meaning of The Municipalities Act;
c. "Council" means the Council of the Resort Village of Lumsden Beach;
d. "Junked vehicle" means any automobile, tractor, truck, trailer or other vehicle that either: has no valid
license plates attached to it; or is in a rusted, wrecked, partly wrecked, dismantled, partly dismantled
inoperative or abandoned condition; and 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;
e. "Municipality" means the Resort Village of Lumsden Beach;
f. "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 in the neighborhood; people's use
enjoyment of their property; or the amenity of a neighborhood and includes: a building in a ruinous or
dilapidated state of repair; an unoccupied building that is damaged and is an imminent danger to public
safety; untidy and unsightly property; junked vehicles; open excavations on property and unacceptable
levels of noise at inappropriate times;
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;
j. "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.
3.
RESPONSIBILITY
Unless otherwise specified, the owner of a property, including land, buildings and structures, shall be
responsible for carrying out the provisions of this Bylaw.
4.
NUISANCES PROHIBITED GENERALLY
No person shall cause or permit a nuisance to occur on any property owned by that person.
5.
DILAPIDATED BUILDINGS
Notwithstanding the generality of section 4, no person shall cause or permit a building or structure to
deteriorate into a ruinous or dilapidated state such that the building or structure: is dangerous to the public
health or safety; substantially depreciates the value of other land or improvements in the neighborhood; or is
substantially detrimental to the amenities of the neighborhood.
6.
UNOCCUPIED BUILDINGS
Notwithstanding the generality of section 4, 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.
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7.
UNTIDY AND UNSIGHTLY PROPERTIES
Notwithstanding the generality of section 4, no person shall cause or permit any land or buildings to become
untidy and unsightly.
8.
JUNKED VEHICLES
Notwithstanding the generality of section 4, no person shall cause or permit any junked vehicle to be kept on
any land owned by that person.
9.
OPEN EXCAVATIONS
Notwithstanding the generality of section 4, 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.
10. MAINTENANCE OF YARDS
Notwithstanding the generality of section 4, no person shall cause or permit on any property owned by that
person: an infestation of rodents, vermin or insects; any dead or hazardous trees; or any sharp or dangerous
objects.
11. OUTDOOR STORAGE OF MATERIALS
Any building materials, lumber, scrap metal, boxes or similar items stored in a yard shall be neatly stacked in
piles so as not to constitute a nuisance or harborage for rodents, vermin and insects. Materials shall be
stacked at least 1.0 meter from the property lines.
12. REFRIGERATORS AND FREEZERS
Any refrigerator or freezer left in a yard shall first have its hinges, latches, lid, door or doors removed.
13. FENCES
Fences shall be maintained in a safe and reasonable state of repair.
14. ENFORCEMENT OF BYLAW
The administration and enforcement of this Bylaw is hereby delegated to the Administrator.
15. INSPECTIONS
The inspection of property by the Municipality to determine if this bylaw is being complied with is hereby
authorized. Inspections under this Bylaw shall be carried out in accordance with section 362 of The
Municipalities Act. No person shall obstruct the Administrator who is authorized to conduct an inspection
under this section.
16. ORDER TO REMEDY CONTRAVENTIONS
If the Administrator finds that a person is contravening this bylaw, they may upon reporting to Council, by
written order, require the owner or occupant of the property to which the contravention relates to remedy the
contravention. Orders given under this bylaw shall comply with section 364 of The Municipalities Act.
Orders given under this bylaw shall be served in accordance with section 390 of The Municipalities Act.
17. REGISTRATION OF NOTICE OF ORDER
If an order is issued pursuant to section 16, 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.
18. APPEAL OF ORDER TO REMEDY
A person may appeal to Council an order made pursuant to section 16 in accordance with section 365 of The
Municipalities Act.
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19. MUNICIPALITY REMEDYING CONTRAVETIONS
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. 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.
20. RECOVERY OF UNPAID EXPENSES AND COSTS
Any unpaid expenses and costs incurred by the Municipality in remedying a contravention of this bylaw may
be recovered 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.
21. OFFENSES AND PENALTIES
No person shall fail to comply with an order made pursuant to this bylaw; obstruct or interfere with any
Council member or Administrator acting under the authority of this bylaw; or fail to comply with any other
provision of this bylaw.
If Council has reason to believe that a person has contravened any provision of this bylaw they may serve on
that person a Notice of Violation, which Notice of Violation shall indicate that the Municipality will accept
voluntary payment at a specified amount to be paid to the Municipality within a specified period of time.
Where the Municipality receives voluntary payment of the amount prescribed within the time specified, the
person receiving the Notice of Violation shall not be liable to prosecution for the alleged contravention.
Payment of any Notice of Violation does not exempt the person from enforcement of an order pursuant to
section 16 of this bylaw.
22. Every person who contravenes any provision of section 21 is guilty of an offence and liable on summary
conviction:
a. in the case of an individual, to a fine of not more than $5,000; and
b. in the case of a continuing offence, to a maximum daily fine of not more than $500 per day.