CITY OF COLWOOD BYLAW NO. 715 A BYLAW TO REGULATE THE MAINTENANCE OF REAL PROPERTY AND TO PROHIBIT UNSIGHTLY PREMISES IN THE CITY OF COLWOOD.

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1 CITY OF COLWOOD BYLAW NO. 715 A BYLAW TO REGULATE THE MAINTENANCE OF REAL PROPERTY AND TO PROHIBIT UNSIGHTLY PREMISES IN THE CITY OF COLWOOD. WHEREAS Section 725 (1) (b) of the Local Government Act empowers Council, by bylaw, to prohibit persons from causing or permitting water, rubbish, or noxious, offensive or unwholesome matter to collect or accumulate around their premises, and prohibits persons from depositing or throwing bottles, broken glass or other rubbish in any open place; NOW THEREFORE, the Municipal Council, in open meeting assembled, hereby enacts as follows: 1. CITATION: This Bylaw may be cited for all purposes as Unsightly Premises Bylaw No. 715, REPEAL: The Colwood Unsightly Premises Bylaw, 1993 Bylaw No. 244 is hereby repealed. 3. DEFINITION: In this Bylaw: Bylaw Enforcement Officer Container Council Graffiti Mural means any person authorized to enforce bylaws on behalf of the City of Colwood. includes a dumpster, garbage can, garbage bin or other receptacle designed, intended or used to hold rubbish, discarded materials and debris. means the Municipal Council of the City of Colwood. means any graphic representation applied to public or private property without the consent of the owner or their agent, but does not include any sign or mural for which a permit has been issued by the municipality including but not limited to any painting, writing, etching, drawing, stencilling, symbol or sticker. means a picture or design applied directly to the exterior of a building, structure, wall or fence with the consent of the owner or their agent. Comment [PVB1]: Amendment Bylaw No Adopted February 13, 2012 amended definition of Graffiti Comment [PVB2]: Amendment Bylaw No Adopted February 13, 2012 added new definition re Mural Continued CONSOLIDATED BYLAW: This bylaw has been consolidated for convenience purposes only and may or may not contain the latest amendment(s). Electronic and On-Line Consolidated bylaws are not certified copies and they should not be used in place of actual city bylaws. If you require an accurate, up to date copy of a City bylaw, please contact City Hall.

2 Unsightly Premises Bylaw No. 715, 2003 Page #2 Noxious weed Occupier Owner Rubbish Refuse Unsightly means any weed and the seed thereof to the extent the weed is designated by the regulations under the Weed Control Act, R.S.B.C., 1979, c. 432 and amendments. has the same meaning as in the Local Government Act. has the same meaning as in the Local Government Act. means refuse. includes, but is not limited to, food wastes, market wastes, combustibles such as paper, cardboard, plastics, leather, yard trimmings and brush, non-combustibles such as metal cans, glass containers, glass crockery, dirt, ashes from fireplaces and on-site incinerators, street sweepings, bulky wastes such as furniture, appliances, tires, stumps, materials resulting from land clearing, construction and demolition waste, unlicensed, unused or stripped automobiles, trucks, trailers, boats, vessels, machinery, mechanical or metal parts. includes but is not limited to: (a) (b) an accumulation of building materials on any property other than premises included in a business license for building material sales and storage, unless the owner or occupier of the property is in possession of a valid building permit or unless the accumulation is stored in an enclosed building; an accumulation of filth, unused materials or rubbish of any kind, including but not limited to vehicle bodies and parts, ashes, dead animals, paper, cardboard, tin cans, leaves, wood, bedding, crockery, glass, bags and appliances. 4. RUBBISH AND LITTER CONTROL No person shall: (a) (b) (c) (d) cause or permit water, rubbish, noxious, offensive or unwholesome matter to collect or accumulate on or around land or buildings owned or occupied by them. deposit or throw bottles, broken glass or other rubbish in or on any highway or public place, or any open place on private property. cause or permit rubbish to overflow from or accumulate around any container. without limiting the generality of the foregoing, no person shall, in respect to property for which a Building Permit has been issued by the City, cause or permit demolition waste, construction waste or trade waste to accumulate on the property.

3 Unsightly Premises Bylaw No. 715, 2003 Page #3 5. UNSIGHTLY PROPERTY (a) No person shall place graffiti on walls, fences or elsewhere on or adjacent to a public place or public property; (b) No owner or occupier of real property or their agents shall allow such property to become or to remain unsightly by the accumulation of filth, discarded materials, rubbish or graffiti. 6. UNSIGHTLY GROWTH Every owner or occupier of real property or their agents shall clear the property of untended brush, trees, noxious weeds and other growths so as to ensure the property does not appear unkept and is maintained to the same standards of the neighborhood. 7. ENFORCEMENT (a) Owners or occupiers of real property or their agents shall under Sections 5 and 6 of this Bylaw remove from the property unsightly accumulations of filth, discarded materials, rubbish, or graffiti and brush, trees, noxious weeds or other growths. (b) Where a person fails to comply with a requirement under (a), the City may by its employees or other persons, at reasonable times and in a reasonable manner, enter on the property and effect the removal at the expense of the person who failed to comply; (c) Where the person at whose expense removal is carried out under (b) does not pay the cost of the removal on or before December 31, in the year that the removal was done, the cost shall be added to and form part of the taxes payable on the property as taxes in arrears. 8. INSPECTION Every Inspector or Bylaw Enforcement Officer is hereby authorized to enter upon any lands and premises in the Municipality at all reasonable times to ascertain whether the provisions in this Bylaw are being observed. 9. OFFENCE AND FINE Any person found guilty of contravention of this Bylaw shall be liable on summary conviction to a fine of not more than $ and every day during which there is an infraction of this Bylaw shall constitute a separate Offense. 10. SEVERABILITY If any portion of this Bylaw is held invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Bylaw.

4 Unsightly Premises Bylaw No. 715, 2003 Page #4 READ A FIRST TIME THIS 29 th DAY OF SEPTEMBER READ A SECOND TIME THIS 29 th DAY OF SEPTEMBER READ A THIRD TIME THIS 29 th DAY OF SEPTEMBER FINALLY PASSED AND ADOPTED THIS 10 TH DAY OF NOVEMBER MAYOR CHIEF ADMINISTRATIVE OFFICER A Unsightly Premises Bylaw 2003.doc

5 Unsightly Premises Bylaw No. 715, 2003 Page #5 SCHEDULE A FINE SCHEDULE Fines for tickets issued pursuant to this Bylaw, shall be as follows: Description of Offence Section # Amount of Fine Cause or permit rubbish to collect 4(a) $ Deposit rubbish in open space 4(b) $ Permit rubbish to accumulate around container 4(c) $ Fail to contain rubbish 4(d) $ Place graffiti 5(a) $ Allow unsightly property 5(b) $ Comment [PVB3]: Amendment Bylaw No amount of fine increased from $100 to $500. Fail to clear unsightly growth 6 $100.00