PROPOSED PROPERTY ENHANCEMENT BYLAW

Transcription

1 I I 1 COU KSHOP PROPOSED PROPERTY ENHANCEMENT BYLAW Date: Location : Time: Monday, November 26, 2012 Upper Hall, Kennedy Seniors' Recreation Centre 4:15 to 4:55 pm Present~tion by: ' Sean McGill, Director of Human Resources & Corporate Planning Hugh Davies, Manager of Property Use & Compliance Background Materials: Memorandum from the Director of Human Resources & Corporate Planning dated November 19, 2012.

2 The Corporation of Delta Human Resources and Corporate Planning MEMORANDUM To: From: Date: Subject: Mayor and Council Sean McGill, Director of Human Resources and Corporate Planning November 19,2012 Proposed Property Enhancement Bylaw cc: George V. Harvie, Chief Administrative Officer Hugh Davies, Manager of Property Use and Compliance Please find attached the proposed Property Enhancement Bylaw, which is to replace the current Delta Community Improvement and Enhancement of Property Bylaw. Also attached are concurrent amendments to Municipal Ticketing Information Bylaw No. 6639, 2007 and Delta Bylaw Notice Enforcement Bylaw No. 7009, The Powerpoint presentation slides for this workshop are also attached. Highlights of the proposed Property Enhancement Bylaw include: New offences for: o Accumulation of water allowing growth of insects or mould o Accumulation of building materials for more than 15 days without a building permit o Storage of a boat, trailer, or RV on the landscaped portion of propertyor in a state of disrepair o Storage of more than one unlicensed vehicle o Infestation by rodents, vermin; or insects o Allowing an uninhabited dwelling to become unsecured o Permitting a building to be poorly maintained o Storage of overflowing or poorly maintained garbage containers, compost, or dumpsters Improved definitions to better facilitate enforcement New regulations regarding securing abandoned property and allowing Delta to charge fees for inspections and property cleanup Should you have any questions, please contact me at 604:

3 .&~~ I~~ The Corporation of Delta Human Resources and Corporate Planning Subject: Proposed Property Enhancement Bylaw Page 2' of 2 Sean McGill, Director of Human Resources and Corporate Planning Attachments: A. Draft Bylaws No. 7055, 7056, and 7057 B. Powerpoint Presentation MG/mg

4 ATIACHMENT 'A' Page 1 of 13 THE CORPORATION OF DELTA BYLAW 7055 The Municipal Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLLOWS: PART 1 CITATION 1.1. This Bylaw may be cited as "Delta Property Enhancement Bylaw No. 7055, 2012". PART 2 REPEAL 2.1. Delta Community Improvement and Enhancement of Property Bylaw No. 5840, 2000, as amended, is repealed. PART 3 INTERPRETATION AND AUTHORITIES Severability 3.1. If a portion of this Bylaw is held invalid by" a Court of competent jurisdiction, then the invalid portion must be severed. and the remainder of this Bylaw is deemed to have been adopted without the severed portion. Successorship of Delegated Authority 3.2. Words in the Bylaw directing or empowering any officer or employee of the Corporation to do any act or thing, or otherwise applying by name of office, inc.ludes successors in such office and any lawful deputy, and any person who is. 'duly appointed to act in that officer or person's place.. References to- Enactments 3.3. A reference to a statute in this Bylaw refers to a statute of the Province of British Columbia 'unless otherwise indicated, and a reference to any statute, regulation code, or Byla~ refers to that enactment as it may be amended or replaced from time to time Except as otherwise indicated in this Bylaw, words and phrases herein are to be construed in accordance with their meanings in the Community Charter and the Interpretation Act, as the context and circumstances require.

5 ATTACHMENT 'A' Page 2 of 13 PART 4 DEFINITIONS 4.1. In this Bylaw, unless otherwise specified: Abandoned Property Building Material Bylaw Enforcement Officer Corporation Derelict Vehicle means a building, structure, or other improvement that has remained unoccupied by its owner or occupant for a continuous period of more than 30 days or, as a result of a fire or other act of God, has been unoccupied for any length of time. means items used in the construction of structures or in landscaping, including, 'but not limited to lumber, gypsum board, windows ~ doors, tools, fill, and soil. means any person appointed to enforce the provisions of this Bylaw and includes a Bylaw Inspector. means the Corporation of Delta. means a Motor Vehicle that: '(a), is not licensed for use on public roads for the current year and is not capable of being moved by its own motive power; or (b) is reduced to parts, frames, or bodies of a Motor Vehicle; or I (c) is missing parts, including, but not limited to doors, hood, trunk, tires, bumpers, lights, or windows. Discarded Materials Graffiti '-means substances of little or no -apparent economic value including, but not limited to, deteriorated lumber, broken concrete, old newspapers, furniture parts, household appliance parts and fixtures, hot tub covers and old hot tubs, rotting pool liners, vehicle parts, shopping carts, abandoned, broken or neglected equipment, or the scattered remains of items. means one or more letters, initials, symbols, marks, slogans, designs or drawings painted or marked on any wall, building, fence, sign, utility box or any other structure or surface, but does not include any of the following:

6 ATIACHMENT 'A' Page 3 of 13 (a) a sign, public notice or traffic control mark authorized by the Director of Engineering; (b) a sign authorized pursuant to Delta Sign Bylaw No. 5860, 2000 as amended or replaced from time to time; (c) a public notice authorized by a Corporation bylaw or by provincial or federal legislation; and ' (d) in the case of private,:property, a letter, symbol or mark authorize'd by the owner or occupant of the property on which the letter, symbol or mark appears. '.f Motor Vehicle means a vehicle or motorcycle, not run on r~ils, designed to be self propelled. ' that is Noxious Weeds includes weeds designated as noxious by the Weed Control Act Weed Gontrpl Regulation as amended or replc)ced froin time to time and includes blackberry bushes', morning glory, and English ivy.,,, Occupant includes: '". (a) a person residing on or in property; (b) the' person entitled to the possession of property if there is no person residing on or in the property; and (c) a leaseholder and includes the agent of any such person. Peace Officer Rubbish means an officer, municipal constable, Chief Constable, special municipal constable, or special provincial constable, all of which are defined in the Police Act. means solid and semi-solid wastes including, but not limited to, paper, trash, refuse, cardboard, waste material, demolition material, cans, bottles, yard clippings, wood, rubber, plastics, glass, bedding, mattresses, crates, pallets, rags, barrels, boxes, scrap

7 ATIACHMENT 'A' Page 4 of 13 iron and other metal, scrap paving material, broken flower pots, discarded tanks of fuel and propane, discarded household appliances, and discarded furniture. PART 5 GENERAL REGULATIONS Offences 5.1. An owner or Occupant of property within the Corporation must not cause, allow or permit with respect to that property:. (a) the storage of Discarded Materials, Rubbish, Derelict Vehicles or Motor Vehicle parts, household chattels al1d fixtures, furniture, appliances, and other household items of value unless the item is in a closed building, not including a temporary structure such as a tent; canopy, or tarp, 'such that it is not visible from any other property or public place; (b) the storage of a boat, trailer or recreational vehicle: i. on a landscaped portion of property; or ii. in a dismantled condition or state of disrepair including, but not limited to, mould growth or one or more flat tires unless the item is in a closed building, not including a temporary structure such as a tent, canopy, or tarp, such that it is not visible from any other property or public place; (?) a build,ing or structure or parts thereof to have holes, breaks, rot, crumbling, cracking, peeling, rusting, missing siding, one or more tarps or plastic covering a 'roof, or any other evidence of physical decay or neglect or excessive use or lack of maintenance; (d) the accumulation' of Building Material for more than 15 days without a valid building permit unless they are in a closed building or structure such that they are not visible from any other property or public place; (e) a fence, retaining wall, or wood ties to become unstable or unsafe, or be rotting, crumbling, cracking, leaning, peeling, or rusting; (f) water to collect or accumulate in a pond, swimming pool, hot tub or as surface water such that it becomes sufficiently stagnant to permit the breeding of mosquitoes, other insects, mould, algae or other similar organisms;

8 ATIACHMENT 'A' Page 5 of 13 (g) the storage of overflowing, damaged, or otherwise poorly maintained garbage containers, recycling containers, dumpsters, commercial containers, or compost containers in a location visible from a public place; (h) the infestation of any part of the property by rodents, vermin or destructive insects; (i) grass, weeds or similar ground cover to be over 20 centimetres in height; U) the accumulation or growth of Noxious Weeds;." (k) (I) the accumulation of uncontrolled growth, cut tr~e branches, dead trees, leaves, dead bushes or other growth, unstacked firevi/ood, dirt piles, or uncontained compost material;, an Abandoned Property to become or remain unsecured; or (m) graffiti to remain on walls, fences or elsewhere in, or visible from, a public place A person must not I (a) place graffiti on walls, fences or elsewhere in, or visible from, a public place. I Securing Abandoned Property 5.3. The owner of property that i,s Abandoned Property must ensure that the property is secured against unauthorized entry or occupation, vandalism, or other intentional damage or, fire hazard by doing one or more of the following: (a) (b) (c) (d) (e) affixing structural barriers to windows and other points of ingress using materials and installation that are effective in preclu9ing easy entry; :- installing and maintaining security fencing or other perimeter barriers and a security lighting system that does not impact neighbouring properties; installing a security alarm system; employing security or guard patrols on a frequent and periodic basis; or utilizing or installing other security measures or devices that are satisfactory to the Bylaw Enforcement Officer or Peace Officer.

9 ATIACHMENT 'A' Page 6 of 13 Securing Abandoned Property Damaged by Entry or Occupation 5.4. The owner of Abandoned Property that has been damaged because of unauthorized entry or occupation must: (a) make the repairs that are necessary as a result of the damage; and (b) install or take one or more of the security measures described in section 5.3 for the purpose of securing the property against further unauthorized entry, occupation and damage. ENTRY AND ORDER PROCESS 6.1. Any Peace Officer or Bylaw Enforcement Officer may enter, in accordance with Section 16 of the Community Charter, upon any property subject to this Bylaw in order to inspect and determine whether all regulations, restrictions and requirements are being met If an owner or Occupant of real property within. the Corporation fails to comply with a requirement of this By'law, the Bylaw Enforcement Officer may issue an order requiring that the owner or Occupant, or bot~, bring the real property into compliance with the provisions of this Bylaw within such time as the Bylaw Enforcement Officer considers appropriate' Delivery of the order referred to in Section 6.2 upon an owner or Occupant, or both, will be sufficient if a copy of the order is: (a) served personally or mailed.by prepaid registered mail to the owner as shown on the current year's real property assessment roll; and, (b) either posted on,the property or delivered personally to the Occupant. -, - - ~ 6.4. If the owner or Occupant fails to comply with the order within the time period specified in such notice, the Corporation, by its workers or by other persons authorized by the Corporation, may, at all reasonable times and in a reasonable manner, enter the property and bring about such compliance at the cost of the owner. Such costs shall consist of all costs and expenses incurred by the Corporation to achieve compliance with this Bylaw including, without limitation, administrative costs, costs to attend property by Corporation employees or its contractors, and the costs of removal, clean up, and disposal.

10 ATIACHMENT IA' Page 7 of 13 PART 7 FEES, AND COST RECOVERY Entry for Inspection Fees 7.1. Every owner of property in the Corporation who violates of any section of Part 5 must pay to the Corporation the fees stipulated in Schedule A Any fees assessed by the Corporation that are unpaid by the property owner by December 31 may be collected in the same manner as for property taxes. Remedy and Cost Recovery for Default 7.3. Where in this Bylaw any activity, matter or thing is required to be done by any person, or is prohibited, in default of it being done or remedied b}/such person, such activity, matter or thing may be' done by the Corporation at the.expense of the person in default, and the expense may be recovered from the person as a debt owing to the Corporation. Without limiting the foregoing, where the Corporation provides work or service in relation to land or improvements, any costs incurred by the Corporation that are not recovered from the property owner by December 31 may be collected in' the same manner as for property taxes... PARTS., ENFORCEMENT AND PENALTY Fines and Penalties 8.1. A person who: (a) (b) contravenes, vioiates or fails to comply with any provision of this Bylaw;. suffers or allow~ any.act or thing to be done in cont[avention of this Bylaw;, or (c) fails or neglects to do anything required to be done under this Bylaw; commits an offence and upon conviction shall be liable to a fine of not more than Ten Thousand Dollars ($10,000.00), and where the offence is a continuing one, each day that the offence is continued shall.constitute a separate offence This Bylaw may be enforced: (a) by a Peace Officer or Bylaw Enforcement Officer;

11 AITACHMENT 'A' Page 8 of 13 (b) (c) (d) by means of a ticket in the form prescribed for the purpose under the Community Charter, and fines imposed for offences under The Corporation of Delta Municipal Ticketing Information Bylaw No.6639, 2007, as amended; by proceedings brought under the Offence Act; or by means of a bylaw notice as authorized by the Local Government Bylaw Notice Enforcement Act and fines imposed for offences under Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011, as amenqed A Peace Officer or Bylaw Enforcement Officer may refer any disputed tickets under 8.2 (b) to the Provincial Court and may represent the Corporation in any related proceedings.... No Duty of Care 8.4. Neither failure to enforce this Bylaw, nor any error, omission, or other neglect in relation to the enforcement of this Bylaw, shall be interpreted as giving rise to a cause of action in favour of any person. READ A FIRST time the. day of,2012. READ A SECOND time the day of,2012. I READ A THIRD time the day of, FINALLY CONSIDERED AND ADOPTED the day of,2012. Lois E. Jackson Mayor Angila Bains Municipal Clerk

12 ATIACHMENT la' Page 9 of 13 Schedule A Fees The following fees for the recovery of the cost of services apply under this Bylaw: 1. After the initial property inspection and one follow up inspection, each additional inspection, per inspection $ Contractor's cleanup assessment $100., 3. Supervision of contractor cleanup $50 per hour 1

13 AnACHMENT 'A' Page 10 of 13 TH E CORPORATION OF DELTA BYLAW NO. 7056, 2012 A Bylaw to amend Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011, as amended The Municipal Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLlOWS: 1. This Bylaw may be cited for all purposes as "Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011 Amendment Bylaw No. 7056, 2012". 2. "Delta Bylaw Notice Enforcement Bylaw No. 7009, 2011", as amended is hereby further amended as follows: a) by deleting from Schedule A the section for "Delta Community Improvement and Enhancement of Property Bylaw No. 5840, 2000; and. b) by inserting the following in Schedule A immediately above "The Residential Standards of Maintenance 'Bylaw No. 6262, 2004: 5.1(a) 5.1(b)(i) 5.1 (b )(ii) 5.1(c) 5.1 (d) 5.1(e) 5.1(f) 5.1 (g) 5.1 (h) 5.1 (i) 5.10) 5.1 (k) 5.1 (I) 5.1 (m) 5.2(a) Delta Property Enhancement Bylaw No. 7055, 2012 $ $ $ Non-permitted storage NO Storage of boat, trailer or recreational vehicle on NO landscaped portion of property Storage of boat, trailer or recreational vehicle in state of NO disrepair Permit building to remain in state of disrepair NO. Permit building mc?terial to accumulate for more than NO 'days Permit fencing or retailling wall to remain in state of 20er NO disrepair Permit water to accumulate and become stagnant NO Non-permitted storage of waste container or compost NO Permit infestation of property NO Permit ground cover to exceed 20 cm in height NO Permit growth of noxious weeds NO Non-permitted accumulation of materials NO Permit abandoned property to become or remain NO unsecured Permit graffiti to remain on surface visible from public NO place Place graffiti on surface visible from public place NO READ A FIRST time the day of,2012. READ A SECOND time the day of,2012.

14 - 2 - ATIACHMENT 'A' Page 11 of 13 READ A TH I RD time the day of,2012. FINALLY CONSIDERED AND ADOPTED the day of,2012. Lois E. Jackson Mayor Angila Bains Municipal Clerk 1

15 ATTACHMENT 'A' Page 12 of 13 THE CORPORATION OF DELTA BYLAW NO A Bylaw to amend Municipal Ticketing Information Bylaw No. 6639, 2007, as amended The Municipal Council of The Corporation of Delta, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited for all purposes as "Municipal Ticketing Information Bylaw No. 6639, 2007 Amendment Bylaw No. 7057, "Municipal Ticketing Information Bylaw No. 6639, 2007," as amended is hereby further amended as follows: a) by deleting from Schedule 1 "Delta Community Improvement and Enhancement of Property Bylaw No. 5840, 2000" and the table immediately following it; b) by inserting the following in Schedule 1 immediately above "Delta Residential Standards of Maintenance Bylaw No. 6262, 2004": Delta Property Enhancement Bylaw No. 7055, 2012 Column 1 Column 2 Column 3 Section No. in Authorized Expressions Full Penalty in $ Bylaw 5.1(a). Non-permitted. storaqe (b)(i) Storage of boat, trailer or recreational vehicle on landscaped portion of property (b)(ii) Storage of boat, trailer or recreational vehicle in state of disrepair, (c) Permit buildinglo remain in state of disrepair (d) Permit building material to accumulate for more than 15 days (e). Permit fencing or retaining wall to remain in state of disrepair (f) Permit water'to accumulate and become stagnant (g) Non-permitted storage of waste container or compost (h) Permit infestation of property (i) Permit ground cover to exceed 20 cm in height (j) Permit Qrowth of noxious weeds (k) Non-permitted accumulation of materials (I) Permit abandoned property to become or remain unsecured (m) Permit graffiti to remain on surface visible from public place (a) Place graffiti on surface visible from public place 500

16 - 2 - ATTACHMENT 'A' Page 13 of 13 c) by deleting from Schedule 2 the row for "Delta Community Improvement and Enhancement of Property Bylaw No. 5840, 2000"; and d) inserting the following in Schedule 2 immediately above the row for "Delta Residential Standards of Maintenance Bylaw No. 6262, 2004": Delta Property Enhancement Bylaw No. 7055, 2012 Property Use & Compliance Manager Property Use Supervisor Bylaw Inspector Delta Police Officer READ A FIRST time the READ A SECOND time the READ A THIRD time the day of day of day of,2012.,2012.,2012. FINALLY CONSIDERED AND ADOPTED the day of,2012. Lois E. Jackson Mayor I I Angila Bains Municipal Clerk

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18 ATIACHMENT 'B' Page 2 of 12 Existing Community Improvement and Property Enhancement Bylaw is insufficient to " enforce emerging unsightly property issues I Proposed new Property Enhancement Bylaw will repeal current bylaw Enforcement will be more effective and cover "more issues, leading to tidier communities ~." Del~a I

19 ATIACHMENT 'B' Page 3 of 12 Unsightly community issues have been a concern of Council for some time, including: - Derelict vehicles - Building materials and unfinished construction - Other emerging unsightly issues not already covered by existing bylaw. Staff reviewed over a dozen other municipalities, examined open enforcement files throughout Delta, and obtained insight from department Directors and staff to help develop new bylaw - Del~a I

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22 ATIACHME NT fb' Page 6 of 12 Accumulation of building or construction materials for more than 15 qays without a building permit Del{a I

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24 -. ATIACHMENT 'B' Page 8 of 12 Storage of overflowing or poorly maintained garbage containers, colt'post, or dumpsters ~. Delfa I

25 ATTACHMENT ' B' Page 9 of 12 Additions to New Bylaw More new offences: - Accumulation Elf water allowing growth of insects or mould - Infestation by' rodents, vermin, or insects - Allowing an uninhabited dwelling to become unsecured Improved definitions: - Derelict Vehicle, Noxious Weeds, Rubbish New Regulatio'ns: - Securing abandoned property - Fees for inspections and property cleanup Del~a I

26 ATIACHMENT 'B' Page 10 of 12 Most offences are subject to $200 fine, except graffiti which "carries a $500 fine 1 Each day of a n offence constitutes a separate offence Bylaw Enforcement Officers will utilize successful Bylaw Notice Enforcement pro~ess to issue tickets Del~a J

27 c... ". "-.-" ':... '.. " --.-, ",.. ' ATIACHME NT 'B' Page 11 of 12 t... CostRe lc()v~ :,y,a :n'd -;F,ees ",','. L ' \ ', ' - ~_. : _-" -....' _.'... _,...,, '., :..., '-_ ',.I ' _!.. l. '.... 1L\":r:..~:... ' I.', ~ -. Cost Recovery:... _.:..._.,.J...,._ ~ _'"... - Delta can remedy offences and bill the property I owner - recoverable as a debt owing to Delta Fees: - Multiple property inspections are charged to the property owner - Contractor's cleanup assessment and Delta's supervision of the contractor cleanup is charged to the property owner Della,

28 '!j '.. - ATTACHMENT fb' Page 12 of 12 The new bylaw will provide the tools needed for bylaw enforcement officers to facilitate I improvement of visual landscape in Delta The new bylaw was developed by staff and reviewed by Don Howieson of Young Anderson Ba,rristers & Solicitors Next step: bring forward for Council's consideration (1 st, 2 nd, and 3 rd readings) Del{a J