That Council authorize that Good Neighbour Bylaw No (Attachment A ) be introduced and read a first, second, and third time.

Transcription

1 November 2, 2017 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE CORPORATE SERVICES AND COMMUNITY SAFETY DEPARTMENT ON GOOD NEIGHBOUR BYLAW NO PURPOSE To seek Council s authorization to update and consolidate several nuisance-type restrictions and requirements under the new Good Neighbour Bylaw No COUNCIL STRATEGIC PLAN Livability - ensure Kamloops maintains a high quality of life while meeting the challenge of a growing community by establishing community standards and ensuring that citizens can enjoy their home and property without being negatively affected by neighbours SUMMARY Many BC municipalities have enacted Good Neighbour Bylaws; however, the bylaws scope and content vary extensively. These bylaws generally contain requirements regarding unsightly property maintenance, graffiti, noxious weeds, noise regulations, panhandling, and litter. These bylaws also often include nuisance abatement fees and excess service call fees, which may be used as compliance tools in situations where owners and occupants repeatedly fail to meet reasonable community standards set out in the bylaw and other legislation. Administration believes that enactment of a Good Neighbour Bylaw in Kamloops would help gain compliance for nuisance type interactions and improve the livability of the city. RECOMMENDATION: That Council authorize that Good Neighbour Bylaw No (Attachment A ) be introduced and read a first, second, and third time. DISCUSSION In addition to seeking legal advice, Administration reviewed similar bylaws from other jurisdictions, including Abbotsford, Armstrong, Campbell River, Clearwater, Courtenay, Hope, Lake Country, Mission, Nanaimo, Oliver, Osoyoos, Penticton, Rossland, Saanich, Surrey, Vancouver, Vernon, West Kelowna, West Vancouver, Williams Lake, and Qualicum. S:\DCS\Jobs (c3)\286726_good Neighbour BL 49-1_REP\286727_Good Neighbour BL 49-1_REP.docx

2 GOOD NEIGHBOUR BYLAW November 2, 2017 Page 2 The proposed City of Kamloops Good Neighbour Bylaw (Attachment A ) combines elements from the following two existing City bylaws, which will be rescinded upon adoption of the new bylaw: Noise Control Bylaw, No , 2007 Community Improvement and Unsightly Property Bylaw No , 2000 Further, the proposed bylaw regulates three main categories of conduct: noise unsightly properties nuisance behaviour In accordance with the draft Good Neighbour Bylaw, City staff will be able to issue Compliance Orders and corresponding abatement or excessive nuisance calls, as outlined below. Nuisance Abatement Fees The proposed bylaw updates current provisions that authorize the issuance of Compliance Orders, which require an owner or occupant to bring the property into compliance within a stipulated time period. If the owner or occupant of the property does not comply with the Compliance Order, that person shall be responsible for the costs and expenses incurred by the City to remove, clean up, and dispose of the specified objects and/or materials, including any cost of repairs to damaged City equipment, vehicles, or property. The owner or occupant may also be subject to nuisance abatement fees, which are calculated on a cost-recovery basis, are levied against a property owner, and may be recovered as property taxes. Excessive Nuisance Service Call Fees A property that generates multiple nuisance complaints may be designated a nuisance property. Specifically, under the proposed bylaw, a nuisance property designation may occur when a property attracts more than one nuisance service call within a 24-hour period or more than three nuisance service calls within a 12-month period. A nuisance service call includes, but is not limited to, a response from Bylaw Services, the RCMP, or Kamloops Fire Rescue as the result of a nuisance complaint. This approach places the onus on owners of rental properties, in particular, to ensure properties are managed and maintained in a reasonable manner. A working group consisting of staff from Bylaw Services, the RCMP, Kamloops Fire Rescue, the Development and Engineering Services Department, and other stakeholders will be responsible for designating nuisance properties. When a property has been deemed a nuisance property, the owner of the property will be provided with written notice of the City s intent to charge for subsequent service calls. The charges will be calculated on a cost-recovery basis, levied against a property owner, and may be recovered as property taxes. S:\DCS\Jobs (c3)\286726_good Neighbour BL 49-1_REP\286727_Good Neighbour BL 49-1_REP.docx

3 GOOD NEIGHBOUR BYLAW November 2, 2017 Page 3 Reconsideration/Appeal Process If the owner or occupant of a property disagrees with the issuance of a Compliance Order or with a demand for payment of abatement or excessive nuisance service call fees, the said owner or occupant may apply to Council for reconsideration within 10 days. D. R. Duckworth, P.Eng., MBA Corporate Services and Community Safety Director Concurrence: M. Kwiatkowski, P.Eng., Development and Engineering Services Director Author: J. Ramsay, Community Safety and Enforcement Manager Approved for Council JR/kjm/lm Attachment S:\DCS\Jobs (c3)\286726_good Neighbour BL 49-1_REP\286727_Good Neighbour BL 49-1_REP.docx

4 CITY OF KAMLOOPS BYLAW NO A BYLAW TO ENHANCE THE QUALITY OF LIFE FOR THE CITIZENS OF THE CITY OF KAMLOOPS AND PROVIDE FOR THE COST RECOVERY OF NUISANCE ABATEMENT WHEREAS Council desires to protect quality of life for its citizens, promote civic responsibility, and encourage good relationships between neighbours; AND WHEREAS, pursuant to the Community Charter, Council may, by bylaw, regulate, prohibit, and impose requirements in relation to the protection and enhancement of the well-being of the city, including, without limitation, in relation to nuisances, disturbances, and other objectionable situations, as well as in relation to noise, vibrations, and any other matter that is liable to disturb the quiet, rest, enjoyment, comfort, or convenience of individuals or the public; AND WHEREAS, pursuant to the Community Charter, Council may, by bylaw, impose costs and recover costs of taking action in the event of a default by a person who fails to take action as lawfully directed; NOW THEREFORE the Municipal Council of the City of Kamloops, in open meeting assembled, enacts as follows: 1. This bylaw may be cited as the Good Neighbour Bylaw No.49-1, The following bylaws of the City and all their amendments are hereby repealed: a) City of Kamloops Noise Control Bylaw No , 2007; and b) City of Kamloops Community Improvement and Unsightly Property Bylaw No , This bylaw is divided into the following divisions: Division One Division Two Division Three Division Four Division Five Division Six Division Seven Division Eight Division Nine Division Ten Interpretation Definitions Noise and Idling Regulations Community Improvement and Unsightly Property Compliance Orders and Abatement Fees Excessive Nuisance Service Call Fees Reconsideration Entry and Inspections Offences and Penalties Schedules

5 BYLAW NO Page 2 DIVISION ONE - INTERPRETATION 1.1 If any provision of this bylaw is held to be invalid by a court of competent jurisdiction, the provision may be severed from the bylaw and such invalidity shall not affect the validity of the remaining portions of this bylaw. 1.2 Words or phrases defined in British Columbia s Interpretation Act, Community Charter, or Local Government Act, or any successor legislation shall have the same meaning when used in this bylaw or its Schedules unless otherwise defined in this bylaw. Unless otherwise stated, and notwithstanding the case used (upper case or lower case), when words or phrases that are defined in Division Two of this bylaw are used in the body or Schedules of this bylaw, they have the meaning ascribed to them as set out in Division Two of this bylaw. 1.3 The headings contained in this bylaw are for convenience only and are not to be construed as defining or in any way limiting the scope or the intent of the provisions of this bylaw. 1.4 Any enactment referred to herein is a reference to an enactment of British Columbia and regulations thereto, as amended, revised, consolidated, or replaced from time to time, and any bylaw or Council policy referred to herein is a reference to an enactment or policy of the City of Kamloops, as amended, revised, consolidated, or replaced from time to time. DIVISION TWO - DEFINITIONS 2.1 In this bylaw and its Schedules, unless the context requires otherwise: ABATEMENT FEES are fees calculated and imposed in accordance with Division Five and Schedule A of this bylaw. ACCUMULATION means a collection, either built-up, gathered, scattered, amassed, or piled, as the case may be, and Accumulate shall have a corresponding meaning. BOULEVARD means that portion of a highway between the curb line or the lateral line of a roadway and the adjoining property or roadway, and includes curbs, sidewalks, ditches, and cycle paths. BYLAW ENFORCEMENT OFFICER means that person appointed by the City, whether officially titled as such or not, or any person delegated to assist in carrying out his/her duties under this bylaw, and includes any peace officer. CHIEF ADMINISTRATIVE OFFICER means that person appointed by City Council, whether officially titled as such or not, and any person delegated to assist in carrying out his/her duties under this bylaw. CITY means the City of Kamloops.

6 BYLAW NO Page 3 COMMERCIAL MOTOR VEHICLE means any Motor Vehicle having a Gross Vehicle Weight in excess of five thousand five hundred kilograms (5,500 kg) or a length in excess of seven and one-half metres (7.5 m), but does not include buses, emergency medical service vehicles, fire apparatus, Police vehicles, or vehicles owned by or operated for the City. COMPLIANCE ORDER means an order issued pursuant to Section 5.1 of this bylaw. CONTAINER includes a dumpster, garbage can, garbage bin, or other receptacle designed, intended, or used to hold Rubbish or other discarded materials or debris. CORPORATE OFFICER means that person appointed by City Council, whether officially titled as such or not, and any person delegated to assist in carrying out his/her duties under this bylaw. COUNCIL means the municipal Council of the City of Kamloops. DEVELOPMENT AND ENGINEERING SERVICES DIRECTOR means that person appointed by the City, whether officially titled as such or not, and any person delegated to assist in carrying out his/her duties under this bylaw. EXCESSIVE NUISANCE SERVICE CALL FEES means the fees calculated and issued in accordance with Division Six of this bylaw. GROSS VEHICLE WEIGHT means the number of kilograms derived by adding the weights on all of the axles of a vehicle. IDLE means the operation of the engine of a Commercial Motor Vehicle while the Commercial Motor Vehicle is not in motion and not being used to operate auxiliary equipment that is essential to the basic function of the Commercial Motor Vehicle, and Idling has a corresponding meaning. INSPECTOR means anyone who is authorized by the City to enter and inspect Property in accordance with this bylaw. MOBILE WORKSHOP means a Motor Vehicle containing equipment that must be operated inside or in association with the Motor Vehicle. MOTOR VEHICLE means a vehicle that is designed to be self-propelled and also includes all ancillary parts, components, and equipment attached thereto, but does not include a motorized wheelchair or a vehicle operated upon rails or tracks. NOISE includes any loud outcry, clamour, shouting, disturbance, or movement or any sound that is loud, harsh, or undesirable. NOXIOUS WEED means any weed designated by regulation to be a Noxious Weed pursuant to the British Columbia Weed Control Act.

7 BYLAW NO Page 4 NUISANCE means any conduct, activity, or condition that unreasonably interferes with a Person s use and enjoyment of a public area or of land he or she owns or occupies, or which annoys or gives trouble, or is offensive, irritating, or a pest to anyone within the city. NUISANCE SERVICE CALL means any City or Police response to any Nuisance that occurred or was maintained or permitted in, on, or near Property, including any abatement thereof. PERSON includes a natural person, a company, corporation, partnership, firm, association, society, or party and the personal or other legal representatives of a person to whom the context can apply according to law. POLICE means the Kamloops City Detachment of the Royal Canadian Mounted Police. PROPERTY means all real property, including, but not limited to, front yards, side yards, backyards, driveways, walkways, Boulevards, and sidewalks, together with any and all structures or fences located thereon. RESIDENTIAL AREA means any single-family, two-family, or multiple-family residential zone provided for in the City s Zoning Bylaw. RUBBISH means decaying or non-decaying solid and semi-solid wastes, including but not limited to both combustible and non-combustible wastes, such as the following: a) paper, trash, refuse, cardboard, waste material, cans, glass, bedding, mattresses, crates, rags, barrels, boxes, and lumber not neatly piled; b) scrap iron, tin, and other metal; c) scrap paving material and construction and demolition waste; d) unlicensed, dilapidated, unused or stripped automobiles and other vessels; e) tires, machinery, and mechanical or metal parts; f) discarded or dilapidated appliances; g) discarded or dilapidated furniture; h) ashes from fireplaces and on-site incinerators; and i) yard clippings, brush, wood, dry vegetation, dirt, weeds, dead trees and branches, stumps, overgrown vegetation, and trees that may harbour insect or rodent infestations or may become a fire hazard, and piles of earth mixed with any of the above.

8 BYLAW NO Page 5 UNSIGHTLY, in addition to its common dictionary meaning and regardless of the condition of other properties in the neighbourhood, includes Property having any one or more of the following characteristics: a) the placement, storage, or Accumulation of Rubbish, filth, or any other discarded materials or debris, that is visible to a person standing on a public highway or on or in nearby Property; b) the untidy placement, storage, or Accumulation of building materials on a site where construction is not taking place, except where they are not visible from a public highway or from nearby Property; c) landscaping that is dead, characterized by uncontrolled growth or lack of maintenance, or is damaged; d) fences characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or any other evidence of physical decay or neglect or excessive use or lack of maintenance; e) a lowering in quality of the condition or appearance of a structure or parts thereof characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting, or any other evidence of physical decay, neglect, excessive use, or lack of maintenance; or f) any other similar conditions of disrepair, dilapidation, or deterioration. DIVISION THREE - NOISE AND IDLING REGULATIONS General Noise Regulations 3.1 No Person shall make or cause, or permit to be made or caused, any Noise in or on private Property or in any public place which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any Person or Persons in the neighbourhood or vicinity. 3.2 No Person being the owner, tenant, or occupant of Property shall allow or permit such Property to be used in such a manner that Noise or sound that occurs thereon or emanates therefrom disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any Person or Persons in the neighbourhood or vicinity. 3.3 No Person shall play or operate any radio, stereophonic equipment, or other instrument, or any apparatus for the production or amplification of sound either in or on private Property or in any public place in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any Person or Persons in the neighbourhood or vicinity. Idling Restrictions 3.4 No Person shall cause or permit a Commercial Motor Vehicle to Idle in a Residential Area for more than three (3) consecutive minutes.

9 BYLAW NO Page Section 3.4 of this bylaw does not apply to: a) buses, fire apparatus, Police vehicles, or emergency medical service vehicles while engaged in operational activities, including training and patient transfer activities; b) Commercial Motor Vehicles participating in an emergency activity; c) Commercial Motor Vehicles that remain motionless because of an emergency, traffic conditions (including congestion and signals), weather conditions, or mechanical difficulties over which the driver has no control; d) Commercial Motor Vehicles where Idling is required as part of the repair process or to prepare the vehicle for service; e) armoured vehicles where a Person remains inside the vehicle while guarding the contents of the vehicle or while the vehicle is being loaded or unloaded; f) Commercial Motor Vehicles engaged in a parade or race or any other such event authorized by the City; or g) Mobile workshops. Construction Hours 3.6 No Person shall, on any day before 07:00 hours or after 22:00 hours, construct, erect, reconstruct, alter, repair, remove, or demolish any building, structure, or thing or excavate or fill in land in any manner that disturbs the quiet, peace, rest, enjoyment, comfort, or convenience of any Person or Persons in the neighbourhood or vicinity. 3.7 Where it is impossible or impractical to comply with Section 3.6, the Development and Engineering Services Director may give written approval to carry on the work that is found to be necessary at designated hours. 3.8 The responsibility for obtaining written approval lies with the Person carrying on the work. Other 3.9 Notwithstanding the provisions of Division Three of this bylaw, a Person may perform: a) works of an emergency nature for the preservation or protection of life, health, or Property, but the onus shall be on the Person performing the work to show cause that the work was of an emergent nature; b) perform pesticide application before 07:00 hours on any day while working within the city and in compliance with the Pesticide Use Control Bylaw No. 26-4, 2016, as amended from time to time and the Integrated Pest Management Act and its regulations.

10 BYLAW NO Page 7 DIVISION FOUR - COMMUNITY IMPROVEMENT AND UNSIGHTLY PROPERTY Property Maintenance 4.1 An owner or occupier of Property must not cause, permit, suffer, or allow the Property to become or remain Unsightly. 4.2 Without limiting the generality of the foregoing, an owner or occupier of Property must not cause, permit, suffer, or allow on or around the Property: a) unsanitary conditions or an Accumulation of other offensive or unwholesome materials, substances, or objects; b) an Accumulation of standing water; c) an Accumulation of Noxious Weeds; d) an infestation of caterpillars, termites, or other noxious or destructive insects or rodents; or e) Rubbish to overflow from or Accumulate around any Container situated on the Property. 4.3 Without limiting the generality of the foregoing, in respect of Property for which a Building Permit has been issued by the City, no Person shall cause, permit, or allow demolition waste, construction waste, or trade waste to Accumulate on the Property. 4.4 Every owner or occupier of Property must remove or cause to be removed from the Property any and all of the things or conditions mentioned in Sections 4.1, 4.2, and 4.3 of this bylaw, as well as any and all other Unsightly, offensive, unsanitary, unwholesome or noxious things or conditions of any kind, on a regular basis or when directed to do so by a Bylaw Enforcement Officer or an Inspector. General Prohibition Against Nuisances 4.5 No Person shall cause any Nuisance within the city. 4.6 No owner or occupant of Property shall permit or allow Property he or she owns or occupies to be used so as to cause a Nuisance. DIVISION FIVE - COMPLIANCE ORDERS AND ABATEMENT FEES Compliance Orders 5.1 If, in the opinion of a Bylaw Enforcement Officer or an Inspector, the owner or occupant of a Property fails to comply with a requirement of this bylaw, the Bylaw Enforcement Officer or Inspector may issue a Compliance Order requiring that the owner or the occupant bring the Property into compliance with this bylaw within such time as the Bylaw Enforcement Officer or Inspector considers appropriate in the circumstances.

11 BYLAW NO Page A Compliance Order must state: a) the civic address of the subject Property; b) the legal description of the subject Property; c) the particulars of the non-compliance to be remedied and the specified time by which that non-compliance must be remedied; and d) that if the owner or occupant fails to comply with the terms of the Compliance Order within the time specified, the City may, without further notice, at all reasonable times and in a reasonable manner, enter the Property and bring about such compliance at the cost of the defaulting owner or occupier; the cost of such work shall be added to the taxes of the Property; and the owner or occupant or both may be subjected to prosecution for an offence under this bylaw. 5.3 Service of a Compliance Order is deemed sufficient: a) in the case of the owner, on the day on which it is personally delivered, or on the fifth business day after being mailed by regular post to the address shown on the current year s property assessment roll; and b) in the case of the occupant, on the day on which it is personally delivered, or the day on which it is posted on the Property, or on the fifth business day after being mailed by regular post to the address of the Property. Abatement Fees 5.4 If the obligations imposed by the terms of a Compliance Order are not performed within the time period set out therein, the City, by its employees, agents, or contractors, may at all reasonable times and in a reasonable manner enter the Property and bring about such compliance at the cost of one or more of the following: a) the occupant of the Property from which the non-compliance of this bylaw arises; and/or b) the owner of the Property from which the non-compliance of this bylaw arises; all of which said costs shall be calculated and invoiced as Abatement Fees in accordance with Schedule A. Such Abatement Fees shall consist of all costs and expenses incurred by the City to achieve compliance with this bylaw, including, without limitation, administrative costs; the costs to attend the Property by City employees and its contractors; the costs of equipment, removal, cleanup, and disposal; and the cost of repairs to damaged City equipment, vehicles, or Property. Cost Recovery 5.5 If an owner or occupier defaults in paying the Abatement Fees referred to in Section 5.4 to the City within thirty (30) days after receipt of demand for payment from the City, the City may either: a) recover the Abatement Fees from the owner or occupier of the Property, in any court of competent jurisdiction, as a debt due to the City; or

12 BYLAW NO Page 9 b) direct that the amount of the Abatement Fees be added to and form part of the property tax roll as a charge imposed in respect of work done or services provided to the Property of the owner. DIVISION SIX - EXCESSIVE NUISANCE SERVICE CALL FEES 6.1 Where a member of the Police or a Bylaw Enforcement Officer or other City employee is required to respond to a Property for: a) more than one Nuisance Service Call within a twenty-four (24) hour period; or b) more than three Nuisance Service Calls within a twelve (12) month period; the owner of the Property shall be liable to pay Excessive Nuisance Service Call Fees calculated in accordance with the amounts prescribed in Schedule A of this bylaw for each additional Nuisance Service Call responded to at the same Property within the twelve (12) month period following the date of the notice referred to in Section Despite Section 6.1, where legal title to a Property is transferred, Nuisance Service Calls made before the date that the new owner obtains legal title to the Property shall not apply to a determination under Section 6.1 whether Excessive Nuisance Service Call Fees are payable. The new owner shall, in any event, be liable for all unpaid Excessive Nuisance Service Call Fees imposed against the Property in respect of past Nuisance Service Calls. 6.3 Before imposing Excessive Nuisance Service Call Fees, written notice shall first be provided to the owner of the Property: a) describing in reasonable detail the nature of the Nuisance conduct, activity, or condition that occurred was maintained, or permitted in, on, or near the Property; and b) advising the owner that Excessive Nuisance Service Call Fees will be imposed for each additional Nuisance Service Call to the same Property and that the imposition of such fees is in addition to the City s right to seek other legal remedies or actions for abatement of the Nuisance. 6.4 Service of the notice referred to in Section 6.3 is deemed sufficient on the day on which it is personally delivered to the owner or on the fifth business day after being mailed by regular post to the address shown on the current year s property assessment roll. 6.5 Excessive Nuisance Service Call Fees must be paid by the owner on receipt of a demand for payment from the City. If the amount of each demand is not paid in full before the 31st day of December in the year received, upon written notice to the owner, the City may either: a) recover the Excess Nuisance Service Call Fees from the owner or occupier of the Property, in any court of competent jurisdiction, as a debt due to the City; or b) direct that the amount of the Excessive Nuisance Service Call Fees be added to and form part of the property tax roll as a charge imposed in respect of work done or services provided to the Property of the owner.

13 BYLAW NO Page 10 DIVISION SEVEN - RECONSIDERATION 7.1 A person may request that Council reconsider: a) the issuance or terms of a Compliance Order; b) a demand for payment of Abatement Fees; or c) a demand for payment of Excessive Nuisance Service Call Fees; by submitting a written request for reconsideration to the City s Corporate Officer in accordance with Section 7.2 of this bylaw. 7.2 All requests for reconsideration must: a) be submitted in writing to the Corporate Officer within: i) ten (10) days of the Compliance Order being served in accordance with Section 5.3 of this bylaw; or ii) ten (10) days of the demand for payment of Abatement Fees or the demand for payment of Excessive Nuisance Service Call Fees is issued by the City; as the case may be; and b) include a description of the grounds upon which the request for Council reconsideration is made. 7.3 Upon receipt of a compliant written request for reconsideration, the Corporate Officer shall schedule the time, date, and place for Council to hear the matter. 7.4 Upon reconsidering the issuance or terms of a Compliance Order or a demand for payment of Abatement Fees or Excess Nuisance Service Call Fees issued under this bylaw, Council may confirm, set aside, or alter the order or demand, as it may deem appropriate in the circumstances. DIVISION EIGHT - ENTRY AND INSPECTIONS 8.1 In accordance with the provisions of the Community Charter, Bylaw Enforcement Officers and Inspectors shall have the authority to enter onto and into Property to inspect and determine whether all regulations, prohibitions and requirements established by this bylaw are being met. 8.2 No Person may obstruct, hinder, or prevent any Bylaw Enforcement Officer or Inspector from entering onto or into Property for the purposes of inspecting or determining whether all regulations, prohibitions, and requirements established by this bylaw are being met. 8.3 The owner or occupier of Property shall, upon request, give to a Bylaw Enforcement Officer or Inspector such assistance as they may require in carrying out an inspection or in determining whether all regulations, prohibitions, and requirements established by this bylaw are being met.

14 BYLAW NO Page Neither the City, nor any Bylaw Enforcement Officer, nor any Inspector who inspects any Property under this bylaw, nor any other Person who performs any work on behalf of the City in accordance with this bylaw is liable for any damages caused by their actions. DIVISION NINE - OFFENCES AND PENALTIES 9.1 No Person shall do any act or suffer or permit any act or thing to be done in contravention of this bylaw. 9.2 Every Person who violates any provision of this bylaw, or who permits any act or thing to be done in contravention of this bylaw, or who fails to do any act or thing required by this bylaw, shall be deemed to have committed an offence against this bylaw and: a) shall be liable to a fine set out in the City of Kamloops Municipal Ticket Utilization Bylaw No. 43-6, 2003, as amended from time to time; or b) shall be liable to a fine of not less than the amount identified in Schedule B attached hereto, in addition to any other penalty imposed under this bylaw; or c) where a specific penalty has not otherwise been designated, shall be liable to a fine and/or penalty provided under the Community Charter of not less than One Hundred Dollars ($100) and not more than Ten Thousand Dollars ($10,000), plus the costs of prosecution, and any other order imposed pursuant to the Community Charter; or d) any combination of the above. 9.3 Each day that an offence against this bylaw continues shall be deemed a separate and distinct offence. 9.4 Any penalty imposed pursuant to this bylaw shall be in addition to and not in substitution for any other penalty or remedy imposed pursuant to this bylaw, along with any other applicable statute, law, or legislation. DIVISION TEN - SCHEDULES 10.1 The following Schedules are attached to and form part of this bylaw and are enforceable in the same manner as this bylaw: Schedule A - Abatement Fees and Excessive Nuisance Service Call Fees Schedule B - Fines

15 BYLAW NO Page 12 READ A FIRST TIME the READ A SECOND TIME the READ A THIRD TIME the day of day of day of ADOPTED day of MAYOR CORPORATE OFFICER

16 BYLAW NO Page 13 SCHEDULE A ABATEMENT FEES AND EXCESSIVE NUISANCE SERVICE CALL FEES 1. For the purposes of calculating Abatement Fees and Excessive Nuisance Service Call Fees, the following rates will be charged for every hour or portion thereof in which any City or Police personnel, vehicles or equipment are used: PERSONNEL DESCRIPTION REGULAR HOURLY RATE City Staff (Bylaw and Building) Bylaw Enforcement Manager $50.00 Assistant Supervisor $35.00 Bylaw Enforcement Officer $30.00 Senior Building Official $50.00 Building Official $40.00 City Staff (Kamloops Fire-Rescue) Fire Chief $80.00 Assistant Fire Chief $60.00 Lieutenant $50.00 Captain $55.00 Platoon Captain $55.00 Fire Inspector/Investigator I (4th yr) $45.00 Fire Inspector/Investigator I (10th yr) $45.00 Fire Inspector/Investigator I (15th yr) $45.00 Fire Inspector/Investigator II $50.00 Fire Inspector/Investigator III $55.00 Project Coordinator/Investigator $55.00 Life Safety Educator/Investigator $55.00 Chief Fire Prevention Officer/Investigator $60.00 City Staff (Engineering/Public Works) Manager $55.00 Crew Leader $50.00 Utility Worker $45.00 Labourer $25.00 Police Staff Sergeant $50.00 Sergeant $45.00 Corporal $45.00 Constable $40.00

17 BYLAW NO Page 14 VEHICLE AND EQUIPMENT DESCRIPTION REGULAR HOURLY RATE Fire Vehicles and Equipment Fire Truck - Engine $ Fire Vehicle - Hazmat $ Fire Vehicle - Aerial $ Fire Vehicle - Tender $ Fire Vehicle - Command $ Fire Vehicle - Inspection $ Fire Vehicle - Bush $ Other City Vehicles City Car $2.00 City Truck - Light $2.75 City Truck - Service $2.75 City Vehicle - Other $ For the purposes of calculating Abatement Fees and Excessive Nuisance Service Call Fees, all work carried out by a contractor on behalf of the City will be charged as the actual cost of the contract rate and other vehicle and equipment costs, plus 10%. 3. All Abatement Fees and Excessive Nuisance Service Call Fees are subject to applicable taxes.

18 BYLAW NO Page 15 SCHEDULE B FINES Column 1 OFFENCE Column 2 SECTION Column 3 PENALTY Noise that disturbs 3.1 $100 Allowing Noise that disturbs 3.2 $100 Amplified sound that disturbs 3.3 $100 Idling 3.4 $100 Construction Noise 3.6 $100 Allow Unsightly Property 4.1 $100 Unsanitary, unwholesome, or offensive conditions 4.2(a) $100 Standing water 4.2(b) $100 Noxious Weeds 4.2(c) $100 Infestation 4.2(d) $100 Permit Rubbish to Accumulate around Container 4.2(e) $100 Demolition, construction, or trade waste 4.3 $100 Failure to remove 4.4 $100 Nuisance 4.5/4.6 $100