THOMPSON-NICOLA REGIONAL DISTRICT BYLAW.NO "A BYLAW TO REGULATE UNSIGHTLY PREMISES

Transcription

1 THOMPSON-NICOLA REGIONAL DISTRICT BYLAW.NO "A BYLAW TO REGULATE UNSIGHTLY PREMISES WHEREAS the Board may by Bylaw under Section 725(1) of the Local Government Act, prohibit persons from causing or permitting water, rubbish or noxious, offensive or unwholesome matter to collect or accumulate around their premises or from depositing broken glass or other rubbish in any open place; AND WHEREAS the Board may by Bylaw under Section 725(1) (c) of the Local Government Act, prohibit the owners of property from allowing their property to become or remain unsightly; AND WHEREAS the Board may by Bylaw under Section 725(1) (d) of the Local Government Act, require the owners or occupiers of property or their agents, to remove from it unsightly accumulations of filth, discarded material or rubbish; AND WHEREAS the Board deems it desirable to establish regulations which may be imposed to require the clean up and restoration of property in the. NOW THEREFORE the Regional Board of the in open meeting assembled ENACTS AS FOLLOWS: 1. CITATION 1.1 This bylaw may be cited as '' Unsightly Premises Bylaw No. 2307, 2010". 2. PURPOSE 2.1 This Bylaw is applicable to all privately-owned lands located within Electoral Areas "A" "B" "E" "I" "J" "L" "M" "N" "O" "P" of the Thompson-Nicola Regional District. 3. DEFINITIONS 3.1 In this Bylaw: Accumulation means the storage, collection, placement or occurrence of items or materials upon property that are not contained within a fully enclosed building; or, that are not fully obscured behind a well maintained fence or screened area, thereby not visible to the public or occupants on adjacent lands. "Board" means the Board of Directors of the. "Bylaw Enforcement Officer" means a person duly appointed by the Board to enforce Bylaws.

2 Unsightly Premises Bylaw No. 2307, 2010 Page 2 "Construction materials" includes items used in construction of structures or in landscaping including but not limited to lumber, plywood, concrete, rebar, roofing, siding, doors, windows, flashing, piping or other materials commonly used for building or construction, being new or used. Derelict Vehicle means any vehicle, including any recreational vehicle, camper, boat, or trailer, or any part thereof, which: (i) (ii) (iii) is physically wrecked or disabled; or is not capable of operating under its own power; and does not display attached license plates valid for the current year pursuant to the regulations of the Motor Vehicle Act, as amended from time to time. Fence means a self-supporting solid structure that complies with Zoning Bylaw 2400 (s. 3.11) and is maintained in good repair and appearance, which totally conceals all material stored behind same so that no such material is visible to an adult person standing on a grade level of any highway or neighboring property. Filth, Discarded Materials" shall have its ordinary meaning and shall include: accumulation of any and all manner of discarded or abandoned materials, garbage or rubbish or foul or putrid matter which looks and/or smells poorly; offensive or unwholesome matters; derelict vehicles; motor vehicle or boat parts or tires; mechanical parts; household furniture, appliances, refrigerators, stoves, furnaces, bath fixtures, mattresses, carpeting; metal or metal containers, compressed gas cylinders, paper products, packages or any construction material whereby its placement upon property is not consistent with its intended normal use or due to its condition and/or state of deterioration is not usable for its normal intended use. "Highway" means every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited, but does not include an industrial road. "Occupant" includes, but is not limited to: (i) (ii) (iii) one or more persons residing on or in property; the person or persons entitled to the possession of property if there is no person residing on or in the property; and one or more leaseholders; and shall include the agents of any such person or persons.

3 Unsightly Premises Bylaw No. 2307, 2010 Page 3 4. REGULATIONS "Offensive or Unwholesome Matter" means any stagnant water or other rotting or decaying matter and any other matter that produces an offensive order. "Owner" means one or more persons who has any right, title, estate or interest in property, other than that of an occupant, and shall include the agents of any such persons. "Person" includes a corporation, partnership or party, and the heirs, executors, administrators or other legal representatives of a person to whom the context can apply according to law. "Property" means all real property within the Regional District, including but not limited to, front yards, side yards, back yards, driveways, walkways, sidewalks and boulevards and shall include any building, structure or fence located on such property. "Regional District" means all portions of the not within an organized municipality. "Rubbish" means decaying or non-decaying solid and semi-solid wastes, including, but not limited to, trade waste and household waste, and both combustible and non-combustible wastes, such as paper, trash, refuse, cardboard, waste materials, crockery, glass, plastic or metal containers, bedding, mattresses, crates, rags, barrels, scrap iron, tin and other metal, scrap paving material, ashes, and piles of earth mixed with any of the above. "Unsightly" means, for the interpretation of this bylaw, being visible to an adult person standing on grade level on a highway or neighbouring property. 4.1 RIGHT OF ENTRY A Bylaw Enforcement Officer or other employee appointed by the Board is hereby authorized to enter at all reasonable times upon property within the Regional District, for the purpose of ascertaining whether the regulations contained in the Bylaw or directions made pursuant to the Bylaw are being observed. No person shall obstruct or interfere with a Bylaw Enforcement Officer in the exercise of his or her duties. 4.2 PROHIBITIONS No owner or occupier of property shall allow their property to become or remain unsightly by the accumulation of: filth, discarded materials, rubbish and offensive or unwholesome matter.

4 Unsightly Premises Bylaw No. 2307, 2010 Page 4 Owners and occupiers of property shall remove from their property unsightly accumulations of: filth, discarded materials, rubbish and offensive or unwholesome matter. 5. ENFORCEMENT 5.1 In response to a complaint, where a Bylaw Enforcement Officer observes that property does not comply with this Bylaw, the Bylaw Enforcement Officer may notify and require the owner or occupier of the property to comply with the Bylaw as established by the "Enforcement of Unsightly Premises" practice. 5.2 Where a person fails to comply with a notice under paragraph 5.1 in relation to a requirement under section 4.2, the Regional District may, by its employees or other persons, at reasonable times and in a reasonable manner, enter on property and effect the compliance at the expense of the person who failed to comply. 5.3 Where the person at whose expense removal is carried out under paragraph 5.2 does not pay the costs of the removal on or before December 31st in the year that the removal was done, the costs shall be added to and form part of the taxes payable on the property as taxes in arrears. 6. VIOLATION AND PENALTY 6.1 Any person who violates any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention or in violation of any of the provisions of this Bylaw, or who neglects to do or refrains from doing anything required to be done by any provision of bylaw commits an offence against this Bylaw and is subject to: (c) (d) a fine in accordance with the TNRD Municipal Ticket Information Bylaw if an information respecting the violation is laid by means of a ticket; upon summary conviction, a fine not exceeding $10,000 and the costs of prosecution or imprisonment for not more than six (6) months or both; a penalty in accordance with the Local Government Bylaw Notice Enforcement Act and the TNRD Notice Enforcement Bylaw if a bylaw notice is issued respecting the violation; or any combination of the above. 6.2 Each day a new violation of or failure to comply with any provision of this Bylaw continues to exist shall constitute a separate offence. 6.3 Any penalty imposed pursuant to this Bylaw will be in addition to, and not in substitution for, any other penalty or remedy imposed pursuant to any other applicable statute, law or regulation.

5 Unsightly Premises Bylaw No. 2307, 2010 Page 5 7. MISCELLANEOUS 7.1 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. 7.2 Words or phrases defined in the British Columbia Interpretation Act, Community Charter or Local Government Act or any successor legislation, shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw. 7.3 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. 8. REPEAL 8.1 Bylaw No. 700, 1981 being A Bylaw to Regulate Untidy and Unsightly Premises within the Electoral Areas of the is hereby repealed. READ A FIRST TIME this 10th day of June, READ A SECOND TIME this 10th day of June, READ A THIRD TIME this 10th day of June, RECONSIDERED AND ADOPTED this 10th day of June, Original Signed by Clerk Clerk Original Signed by Chair Chair