This is an automated transcription (OCR) of the captured
official document — minor recognition errors are possible; the source
document governs.
Snapshot 441ccf97ed1d · verified 2026-06-13 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
## TOWN OF LUSELAND
BYLAW NO. 2025-01
A BYLAW TO PROVIDE FOR THE ABATEMENT OF NUISANCES WITHIN THE TOWN OF
## LUSELAND
The council of the Town of Luseland in the Province of Saskatchewan enacts as follows:
## Short Title
1. This Bylaw may be cited as The Nuisance Abatement Bylaw.
Purpose
2. The purs, ore of his at adve rely ovide for the abatement of nuisances, including property.
a) the safety, health or welfare of people in the neighbourhood. b) The people's use and enjoyment of their property; or c) The amenity of a neighbourhood.
## Definitions
In this Bylaw:
"building" means a building within the meaning of The Municipalities Act;
a) "Designated Officer" means employee or agent of the Municipality appointed by Council to act as a municipal inspector for the purposes of this Bylaw;
"Municipality" means the Town of Luseland;
"junked vehicle" means any automobile, truck, trailer, or other vehicle that
d) "Council" means the Council of the Town of Luseland;
inoperative or abandoned condition; and
2) is in a rusted, wrecked, partly wrecked, dismantled, party dismantled,
1) Has no valid license plates attached to it; or the erection of buildings and structures in force within the Municipality;
is not within a structure erected in accordance with any Bylaw respecting
is located on private land, but that:
2) does not form a part of business enterprise lawfully operated on that
"nuisance" means a condition of property, or a thing, or an activity, that adversely affects or the safety, health, or welfare of people in the neighbourhood;
the amenity of a neighbourhood and includes:
the people's use and enjoyment of their property; or
1) a building in a ruinous or dilapidated state of repair;
public safety;
2) an unoccupied building that is damaged and is an imminent danger to
5) junked vehicles; and
3) land that is overgrown with grass and weeds; 4) untidy and unsightly property;
6) open excavations on property;
surfaced areas.
g) "occupant" means an occupant as defined in The Municipalities Act; h) "owner" means an owner as defined in The Municipalities Act; "property" means land or buildings or both; "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, sidewalks or open-air k) "Untidy" means lands or buildings that are in a disorderly, slovenly, and littered condition and 1, arently tien aly or dirings that are unpleasant to look at or are aesthetically objectionable.
## Responsibility
4. Unless otherwise specified, the owner of a property, including land, buildings and structures, shall be responsible for carrying out the provisions of the Bylaw.
## Nuisances Prohibited Generally
5. No person shall cause or permit a nuisance to occur on any property owned by that person.
Dilapidated Buildings and Structural Nuisance
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:
substantially depreciates the value of other land or improvements in the neighbourhood; or c) is substantially detrimental to the amenities of the neighbourhood. fence is unpainted, fence posts are not properly aligned, fence contains broken and/or rotten
a) is dangerous to the public health or safety;
pieces.
## Unoccupied Buildings
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 am imminent danger to public safety.
## Overgrown Grass and Weeds
the land to be overgrown with grass or weeds.
8. Notwithstanding the generality of Section 5, no owner or occupant of land shall cause or permit
9. For the purposes of this section, 'overgrown" means in excess of 0.15 meters (6 in.) 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, grasses or combinations of them, whether native or non-native, consistent with a managed and natural landscape other than regularly mown grass.
Untidy and Unsightly Property to become untidy and unsightly.
11. Notwithstanding the generality of Section 5, no person shall cause or permit any land or buildings Derelict / Junked Vehicles
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.
However, it is permitted to store no more than two unlicensed vehicles on property within the town provided that the vehicle or vehicles are seasonal and/or in such condition as to be licensed in the Province of Saskatchewan and are insured.
Open Excavations
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 that may include;
c) the open excavation is unsightly.
3) ane escavan prove a breeding ground for mosquitos and other rodents; and Maintenance of Yards
14. Notwithstanding the generality of Section 5, no person shall cause or permit on any property owned by that person;
b) any dead or hazardous trees; or
a) an infestation of rodents, vermin or insects;
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 neatlv stacked in piles and elevated off the ground so as not to constitute a nuisance or harborage for rodents, vermin and insects.
16. Materials referred to in Section 15 shall be elevated to at least O.15 metres off the ground and shall be stacked at least 3.0 metres from the exterior walls of any building and at least 1.0 metres from the property line.
Appliances
17. Any appliance left in a yard shall first have its hinges, latches, lid, door or doors removed. Appliances shall not remain in a yard for more than 2 months.
Fences
18. Fences shall be maintained in a safe and reasonable state of repairs.
Outdoor Fires
19. Notwithstanding the generality of Section 5, all outdoors fires must be contained within an approved fire pit located within the legal boundaries of the owner's property and only clean seasoned firewood is to be burned. The burning of any other materials is prohibited. Refer to Bylaw No. 2019-03: A BYLAW TO REGULATE THE OPEN-AIR FIRES, THE CONTRUCTION AND USE OF FIRE PITS AND OUTDOOR FIREPLACES.
Unspecified Nuisance
20. If a nuisance is not specifically noted above, the Council for The Town of Luseland may still issue an Order to Remedy if;
a) the property is aesthetically unappealing; or b) an activity occurring on the property interferes with the ability of other persons to enjoy their property.
Enforcement of Bylaw Luseland.
21. The administration and enforcement of this Bylaw is hereby delegated to the CAO for the Town of
22. Therem entor tis By sta Lushandy alc Departm unther delegate the administration and Inspections hereby authorized.
23. The inspections of property by the Municipality to determine if this Bylaw is complied with is
24. Inspections under this Bylaw shall be carried out in accordance with Section 362 of The Municipalities Act.
25. 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
26. 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.
the deadline for completion of the work to be done required from the Order to Remedy
shall be 15 (fifteen) days.
27. Orders given under this Bylaw shall comply with Section 364 (2) of The Municipalities Act. The order shall be served on the person to whom the order is directed by using any of the following methods;
i) a notice served by personal service is deemed served on the 5'h business day following
Personal Service Registered Mail to the last known address of the person the date of mailing.
i) a notice served by registered mail is deemed served on the 5t' business day following Hand Delivery
the date of mailing.
i) a notice served by hand delivery is deemed served on the day following the date of its
delivery Posting of the notice on the relevant land, building, structure or vehicle. i) a notice served by posting is deemed served on the day following the date of its posting.
## Registration of Notice of Order
28. If an order is issued pursuant to Section 26, the Municipality may, in accordance with Section 364 (5) (6) and (7) of The Municipalities Act, give notice of the existence of the order by registering an interest against the title to the land that is subject to the order. The interest registration is binding on the owner, and on any subsequent owner of the land. The interest registration is withdrawn when either;
the remedial action specified within the order has been undertaken; or the Municipality has recovered its costs in those situations where the Municipality preformed the remedial action.
Appeal of Order to Remedy
29. A person may appeal an order made pursuant to Section 26 in accordance with Section 365 of The Municipalities Act.
Stay of Order
30. Subsection 365 (2) of The Municipalities Act provides that an appeal DOES NOT operate as a stay of the order appealed from UNLESS the Board or Council decides otherwise. A 'Stay' is defined as a temporary suspension of the proceeding.
The Council may confirm, modify or repeal and order or substitute its own order. An order of this days after the decision of Council.
appeal may be further appealed to the courts on a question of law or jurisdiction within 30 (thirty)
Municipality Remedying Contraventions
31. The Municipality may, in accordance with Section 366, 368 and 369 of The Municipalities Act, take whatever actions or measures are necessary to remedy a contravention of this Bylaw if;
a) a written order has been given pursuant to section 364 of The Municipalities Act; the order contains the statement as required by clause 364 (4) (d); the order has not been complied with within the required time; and thows thal Munic paleo ago a corder has passed or if an appeal has been made it Dilapidated Buildings and Structural Nuisance demolishing and removing said building / structure and filling in any open basement or excavation on the site after the demolition or Replacing broken and/or rotten boards; and Realigning posts;
remedying the condition of the fence, specifically;
Painting the fence.
Cutting of grass and/or weeds to a height not exceeding 0.15
Overgrown Grass and Weeds meters (6 in.) in height.
metres off the ground and shall be stacked at least 3.0 metres from
Outdoor Sterias refered to in Section 15 shall be elevated to at least 0.15
the exterior walls of any building and at least 1.0 metres from the
property line.
Maintenance of Yards
removing all furniture or other debris
A4)
Open Excavations filling in the excavation
A5)
action to make the vehicle legal such as;
removal, demolition or other type of disposal; or
A6)
· Affixing current license plates to the vehicle;
Parking the vehicle in an enclosed structure.
· Undertaking necessary repairs; or Unspecified Nuisance discontinuation of nuisance activity A7)
## Emergencies
32. In an emergency, the Municipality may take whatever actions or measures are necessary to eliminate the imminent danger to public safety in accordance with the provisions of Section 367 of The Municipalities Act.
Examples of dangerous emergency situations may include;
the wall of the building is leaning outward and may fall on an adjacent building, sidewalk
or street: or a tree has been severely damaged by age, wind or lightening and may fall on an adjacent building, sidewalk or street;
a)
b)
Recovery of Unpaid Expenses and Costs
33. Any unpaid expenses and costs incurred by the Municipality in remedying a contravention of this Bylaw may be recovered either:
a) by a 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 was done in accordance with Section 369 of The Municipalities Act with a resolution from Council.
## Offences and Penalties
34. Section 388 of The Municipalities Act enables Municipalities to establish fines for Bylaw Violations. Where a Municipality decides to exercise the discretionary authority, Council may;
compel a payment of a fine through Summary Conviction if the voluntary payment option
impose a Voluntary Payment option; or was not received.
a) b)
35. 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 provisions of this Bylaw.
36. A bylaw may serve on hat rson Nolice or Violaton, Which Note or Voraton Sal indicate that the Municipality will accept voluntary payment in the sum of Two Hundred Dollars ($200.00) to be paid to the Municipality within Fifteen (15) days.
within the time specified, the person receiving the Notice of Violations shall be not liable to
37. Where the Municipality receives voluntary payment of the amount prescribed under Section 36
prosecution for the same occurrence of the alleged contravention.
38. Parsuant o section 28 of his Byaw. Payment or the holice of rotton does not exempt ary person from the requirement to remedy the situation.
39. Every person who contravenes any provision of Section 34 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 continuing offence, to a maximum daily fine of not more than $2,500.00 per Bylaw 2016-10 is hereby repealed.
This Bylaw shall come into force on the day of its final passing.
<!-- image -->
Introduced and given 1st reading on the 18th day of February, 2025 Given 2nd reading on the 18th day of February, 2025 Given 3rd reading and thereby adopted on the 18th day of February, 2025
<!-- image -->
<!-- image -->
Appendix "A" - Administrative Process
## Designated Officer with full authority
The municipal response time to allegations of nuisance may be improved where the designated officer has complete authority to act.
<!-- image -->
Appendix "B" - Council Input
<!-- image -->
Abatement Bylaw.
never te pres a role eat mad laid aro dare reporting forcial actions;.
## Appendix "C" - Order to Remedy
<!-- image -->
TOWN OF LUSELAND Office of the CAO
Box 130, Luseland, Sask. SOL 2AO Phone: 306-372-4218 Fax: 306-372-4700
Email: [email protected] Website: townofluseland.com
Order to Remedy TO:
Plan No:
\_Block:
Lot: \_
Civic Address:
RE:
NOTICE OF VIOLATION
TAKE NOTICE THAT in accordance with Section(s) \_ described above has be raped by set own of useland the Murialty on the batement. (the Abatement of Nuisances Bylaw) the property THAT as a result of the above inspection, the property is hereby receiving this Order to Remedy because:
AND THAT the records of the Municipality show that you are the owner of the property described above.
ORDER TO REMEDY
Under the authority provided by Section(s) of Bylaw No. you are hereby ordered to remedy the above violation by:
202(15 days after the
day of
The remedial action noted above is to be completed no later than 9:00 a.m., on the
date of order)
RIGHT TO APPEAL
TAKE NOTICE THAT you are provided the right to appeal this Order; and THAT the appeal may be filed with Krystal Bazylinski, CAO, Box 130, Luseland SK SOL 2A0, no later than the day of 202\_ If you wish to appear before Council, you must notify the Administrator no later than 4:00 p.m. on the day of 202\_
FAILURE TO COMPLY WITH THE ORDER
TAKE NOTICE THAT if you fail to remedy this contravention by the date and time set forth above, the Municipality will proceed to undertake action to remedy the contravention; and THAT all costs, less any amount received by the Municipality from selling or disposing of property may be added to, and thereby form part of, the taxes on the property.
Krystal Bazylinski
CAO
Designated Officer
Dated at the Town of Luseland In the Province of Saskatchewan This -- day of , 202
<!-- image -->
Office of the CAO
TOWN OF LUSELAND
Box 130, Luseland, Sask. SOL 2AO
Email: [email protected] Website: townofluseland.com
Phone: 306-372-4218 Fax: 306-372-4700
## Order to Remedy
TO:
\_Plan No:
Lot: \_ Block:.
Civic Address:
RE:
NOTICE OF VIOLATION
TAKE NOTICE THAT in accordance with Sections). \_ of Bylaw No. \_ (the Abatement of Nuisances Bylaw) the property described above has been inspected by the Town of Luseland (the Municipality) on the \_day of \_202
THAT as a result of the above inspection, the vehicle / trailer described as:
Is hereby declared a nuisance because:
AND THAT the records of the Municipality show that you are the owner of the property described above.
ORDER TO REMEDY
you are hereby ordered to remedy the above violation by:
of Bylaw No.
Under the authority provided by Section(s).
202(15 days after the
day of
The remedial action noted above is to be completed no later than 9:00 a.m., on the \_
date of order)
RIGHT TO APPEAL
TAKE NOTICE THAT you are provided the right to appeal this Order; and
202\_. If you wish to appear before Council, you must notify the Administrator no later than 4:00 p.m. on the
THAT the appeal may be filed with Krystal Bazylinski, CAO, Box 130, Luseland SK SOL 2A0, no later than the \_
FAILURE TO COMPLY WITH THE ORDER
action to remedy the contravention; and
TAKE NOTICE THAT if you fail to remedy this contravention by the date and time set forth above, the Municipality will proceed to undertake THAT all costs, less any amount received by the Municipality from selling or disposing of property may be added to, and thereby form part of, the taxes on the property.
Dated at the Town of Luseland In the Province of Saskatchewan Krystal Bazylinski This day of
Designated Officer
<!-- image -->
TOWN OF LUSELAND Office of the CAO
Box 130, Luseland, Sask. SOL 2AO Phone: 306-372-4218 Fax: 306-372-4700
Email: [email protected] Website: townofluseland.com
Emergency Action Taken Plan No:
Block:
Lot:
Civic Address:
RE:
DECLARATION OF IMMINENT DANGER
TAKE NOTICE THAT in accordance with Section(s) \_ 1 Tina cordero with Sectiond the Munipay was decared the buhe Abatemene Nuisanes Bylaw) on the \_\_ day of , located on the property described above to;
El pose ask of adang set puba safely, end ropey because of;
ACTIONS TAKEN
TAKE NOTICE THAT the Municipality has taken the following actions);
B To pent erous harm liter property The Emergency action noted above is to be completed no later than 9:00 a.m., on the \_ day of 202\_
APPEAL
TAKE NOTICE THAT you are invited to attend the special meeting of the Council of the Town of Luseland that is to be held on the \_ \_ p.m. / a.m. to make representations with respect to the need for this action or the intent of charging the cost of the emergency action against the said property.
COSTS
TAKE NOTICE THAT the records of the Municipality show that you are the owner of the property described above;
(xxXXXXXXX)
AND THAT the Municipality intends to recover from you the cost of the above action(s), specifically $
,202
Dated at the Town of Luseland In the Province of Saskatchewan
This
day of
Krystal Bazylinski CAO
Designated Officer
<!-- image -->
TOWN OF LUSELAND
Office of the CAO
Box 130, Luseland, Sask. SOL 2AO Phone: 306-372-4218 Fax: 306-372-4700
Email: [email protected] Website: townofluseland.com
Notice of Violation TO:
Plan No:
Block: \_
Lot: \_
Civic Address:
NOTICE OF VIOLATION
TAKE NOTICE THAT the records of the Town of Luseland (the Municipality) show that you are the owner / occupant of the property described above;
AND that the Municipality has reason to believe that on or about the. following to happen /proceed; day of , 202\_ → you did or you did allow the
(the Abatement of Nuisances Bylaw) to occur on the
of Bylaw No.
In contravention with Section(s). property described above;
PENALTY
TE NO Has and shey labor on may comicion to the olowine thate. states that every person who contravenes a provision of this Bylaw
(y inerase fan ravenes, o role of no sere a tolly of an ofence and lable on summary conviction: i In the case of a corporation, to a fine of not more than $25,000.0; and in the case of continuing offence, to a maximum daily fine of not more than $2,500.00 per day.
VOLUNTARY PAYMENT
TAKE NOTICE THAT the Municipality will accept a voluntary payment in the amount of $ AND THAT upon receipt of the above voluntary payment within 15 (fifteen) days of the date of this Notice of Violation, a person shall not be liable to prosecution for the alleged contravention.
Krystal Bazylinski CAO
Designated Officer
Dated at the Town of Luseland In the Province of Saskatchewan This day of 202