ABANDONED PROPERTIES BYLAW BYLAW NO

Similar documents
BYLAW NO 3591/2017. AND WHEREAS Council of the City of Red Deer considers it desirable and necessary to establish a bylaw to reduce False Alarms.

FIREWORKS BYLAW BYLAW NO

THE CITY OF VAUGHAN BY-LAW BY-LAW NUMBER

THE CORPORATION OF THE TOWN OF HAWKESBURY BY-LAW N A By-law on Backflow prevention

DISTRICT OF COLDSTREAM BYLAW NO. 1464, 2005

THE CORPORATION OF THE CITY OF MISSISSAUGA MUNICIPAL ADDRESS BY-LAW 30-11

w21carcv& BYLAW NO TOWN OF VEGREVILLE TOWN OF

THE CORPORATION OF THE CITY OF PENTICTON CONTROLLED SUBSTANCES PROPERTY REMEDIATION BYLAW

Chapter 1. TECHNICAL STANDARDS AND SAFETY ACT (Assented to March 6, 2002)

PART I GENERAL PROVISIONS

Bylaw No The Drainage Bylaw, 2005

District of Sicamous. Fireworks Bylaw No. 756, Effective Date June 24, 2009

NO SIDEWALK CAFÉS REGULATION BYLAW A BYLAW OF THE CITY OF VICTORIA

THE REGIONAL MUNICIPALITY OF PEEL BY-LAW NUMBER

THE CORPORATION OF THE DISTRICT OF WEST VANCOUVER ENCROACHMENT BYLAW NO. 3050, AMENDMENT BYLAW NO. 3255, 1986

Fortification of Land By-law

CONSOLIDATED WITH BY-LAW THE CORPORATION OF THE TOWNSHIP OF MULMUR BY-LAW NO FENCE BY-LAW

BYLAW NO. B-26/2018 OF THE CITY OF AIRDRIE IN THE PROVINCE OF ALBERTA

BYLAW NO. 3551/2015 NOW THEREFORE COUNCIL OF THE CITY OF RED DEER ENACTS AS FOLLOWS: PART I TITLE, PURPOSE AND DEFINITIONS

The Department of Consumer Affairs Act

CORPORATION OF THE VILLAGE OF CUMBERLAND BYLAW NO. 1040

THE CORPORATION OF THE CITY OF MISSISSAUGA SHOPPING CART BY-LAW NUMBER (Amended by By-law )

BYLAW 5948 A BYLAW OF THE CITY OF LETHBRIDGE IN THE PROVINCE OF ALBERTA, TO REGULATE THE USE OF PORTABLE SIGNS IN THE CITY OF LETHBRIDGE

CITY OF EDMONTON BYLAW SAFETY CODES PERMIT BYLAW (CONSOLIDATED ON JANUARY 1, 2016)

BLDG. CONSTR. & FIRE PREV. LOCAL LAW BUILDING CONSTRUCTION AND FIRE PREVENTION

By-law (Consolidated as amended)

Fence By-law. PS-6 Consolidated May 14, As Amended by: PS March 20, 2012 PS May 14, 2013

F M. Office of the Fire Marshal. Commencing Proceedings Under Part I of the Provincial Offences Act GUIDELINE OFM-TG

PROVINCIAL BUILDING CODE ACT

TORONTO MUNICIPAL CODE CHAPTER 915, PARKING ON PRIVATE OR MUNICIPAL PROPERTY. Chapter 915 PARKING ON PRIVATE OR MUNICIPAL PROPERTY

CORPORATION OF THE TOWNSHIP OF HAMILTON BY-LAW NUMBER 2011-XX

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

BYLAW NUMBER 33M2016

ORDINANCE NO: AN ORDINANCE TO VACATE, REPAIR, OR DEMOLISH UNSAFE STRUCTURES

Nuisance Abatement Bylaw

OFFICE CONSOLIDATION FENCE BY-LAW BY-LAW NUMBER By-Law Number Date Passed Section Amended

BYLAW #797A OF THE TOWN OF KILLAM IN THE PROVINCE OF ALBERTA

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

HANDOUT FOR MULMUR TOWNSHIP RATEPAYERS SWIMMING POOLS AND FENCES May 01, 2013

2012 Bill 6. First Session, 28th Legislature, 61 Elizabeth II THE LEGISLATIVE ASSEMBLY OF ALBERTA BILL 6

FIRE PREVENTION ORDINANCE OF MECKLENBURG COUNTY

THE CORPORATION OF THE CITY OF GUELPH THE COUNCIL OF THE CORPORATION OF THE CITY OF GUELPH. 1. This By-law may be cited as the Fire Prevention By-law.

PDF Version. ELECTRICAL SAFETY ACT [REPEALED] published by Quickscribe Services Ltd.

LICKING COUNTY GENERAL HEALTH DISTRICT PLUMBING REGULATIONS

FIRE SAFETY. The Fire Safety Act. being. Chapter F-15.11* of The Statutes of Saskatchewan, (effective November 2, 2015).

City of Chilliwack. Bylaw No A bylaw to provide for the regulation of election signs

SUMMARY PROCEEDINGS ACT

BELIZE ELECTRICITY ACT CHAPTER 221 REVISED EDITION 2000 SHOWING THE LAW AS AT 31ST DECEMBER, 2000

JOHNSON COUNTY CODE OF REGULATIONS FOR PRIVATE INFILTRATION AND INFLOW 2010 EDITION

THE CORPORATION OF DELTA BYLAW NO A Bylaw for the protection of trees. Incorporating amendments pursuant to Bylaw 7613

WHEREAS the Legislature of the Province of Alberta has passed the Safety Codes Act, Chapter S , Revised Statutes of Alberta, as amended;

OFFICERS APPOINTMENT AND DELEGATION BYLAW 2006 NO. 7031

TITLE 11 BUILDINGS AND CONSTRUCTION

THE REGIONAL MUNICIPALITY OF PEEL BY-LAW NUMBER A by-law to regulate the Municipal Drinking Water System of the Regional Municipality of Peel

OFFENCE AND LAW ENFORCEMENT ACT

Office Consolidation. Refuse and Dumping By-law

Bylaw No The Sidewalk Clearing Bylaw, Codified to Bylaw No (March 3, 2014)

ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BILLINGS, MONTANA:

Nuisance Abatement Bylaw

DEPARTMENT OF LABOUR. Government Notice. R: October Electrical Installation Regulations, 1992

Authority: Item 8, Planning Committee Report (PED10115(a)) CM: November 30, 2011

THOMPSON-NICOLA REGIONAL DISTRICT BYLAW NO A bylaw respecting the enforcement of bylaw notices

THE CORPORATION OF THE TOWNSHIP OF WAINFLEET BYLAW NO

TORONTO MUNICIPAL CODE CHAPTER 79, FIRE SERVICES. Chapter 79 FIRE SERVICES

THE CORPORATION OF THE TOWN OF INNISFIL BY-LAW NO

CITY OF ABBOTSFORD CONSOLIDATED BLASTING REGULATION BYLAW, Bylaw No AMENDMENTS

WINDSOR PARK COMMUNITY HOMES ASSOCIATION BY-LAWS

BYLAW A BYLAW OF STRATHCONA COUNTY TO REGULATE AND CONTROL SURFACE DRAINAGE AND SITE GRADING WITHIN STRATHCONA COUNTY.

THE CITY OF SPRUCE GROVE BYLAW C NUISANCES, UNSIGHTLY AND UNTIDY PROPERTY BYLAW

The Gas Inspection Act, 1993

HALIFAX REGIONAL MUNICIPALITY BY-LAW NUMBER D-300 RESPECTING DERELICT BUILDINGS

Chapter 42 ADMINISTRATIVE ADJUDICATION

ENVIRONMENTAL PROTECTION ACT A CODE FOR PLUMBING SERVICES REGULATIONS

THE CORPORATION OF THE TOWN OF INNISFIL BY-LAW NO

SAFETY STANDARDS ACT

SOIL REMOVAL BYLAW

BASIC CONDITIONS OF EMPLOYMENT AMENDMENT BILL, [Words in bold type indicate omissions from existing enactments]

TITLE 8. Building Regulations

DISTRICT OF LILLOOET BYLAW NO A bylaw to Regulate the use of the Seton Lake Dock and Boat Launch

City Of Kingston. Ontario. By-Law Number A By-Law To License, Regulate And Govern Certain Trades And Occupations

THE CORPORATION OF THE VILLAGE OF SALMO BY-LAW #649

THE CORPORATION OF THE CITY OF MISSISSAUGA OUTSIDE FIREWORKS VENDORS LICENSING BY-LAW

BY-LAW NO This By-law may be cited as Camrose County Road Use By-law

BY-LAW NUMBER of - THE CORPORATION OF THE COUNTY OF BRANT. To regulate yard maintenance

AMENDED AND RESTATED BYLAWS OF CROSS POINTE HOMEOWNERS ASSOCIATION OF PINELLAS, INC.

BYLAW NO. 3465/2011. Being a bylaw to establish a civic addressing system and to regulate the display of civic addresses within the City.

APPRENTICESHIP AND TRADES QUALIFICATION ACT

1.1. By-law means this by-law and any schedule to this by-law as they may from time to time be amended.

Amended Bill No. 26, Ordinance No. 26, Session 2012 ARTICLE 1701 BOCA National Building Code

THE CORPORATION OF THE TOWNSHIP OF FRONT OF YONGE BY-LAW # THE BUILDING BY-LAW

Ordinance No. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: 1.

THE CORPORATION OF THE CITY OF BURLINGTON BY-LAW NUMBER

THE CITY OF WINNIPEG BY-LAW NO. 55/2014

ABANDONED RESIDENTIAL BUILDING:

Village of Alliance Bylaw Municipal Trees and Shrubs

CHARTER TOWNSHIP OF RUTLAND BARRY COUNTY, MICHIGAN ORDINANCE NO RUTLAND CHARTER TOWNSHIP DANGEROUS BUILDINGS ORDINANCE

THE CORPORATION OF THE CITY OF NELSON Optical Fibre Service Bylaw No. 3270, 2013

THE TOWNSHIP OF WILMOT BY-LAW NO

TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001 BERMUDA 2001 : 22 TRUSTS (REGULATION OF TRUST BUSINESS) ACT 2001

MOTOR VEHICLE COMPONENTS AND ACCESSORIES ACT

Transcription:

ABANDONED PROPERTIES BYLAW BYLAW NO. 08-058 This consolidation is a copy of a bylaw consolidated under the authority of section 139 of the Community Charter. (Consolidated on March 1, 2015 up to Bylaw No. 10-074) This bylaw is printed under and by authority of the Corporate Administrator of the Corporation of the City of Victoria.

2 NO. 08-058 ABANDONED PROPERTIES BYLAW A BYLAW OF THE CITY OF VICTORIA (Consolidated to include Bylaw No. 10-074) The purpose of this Bylaw is to regulate and impose requirements for the safeguarding and security of abandoned or unoccupied buildings. PART 1 INTRODUCTION 1 Title 2 Definitions 3 Severability PART 2 REGULATIONS Contents 4 Securing abandoned property 5 Securing abandoned property damaged by entry or occupation PART 3 ENFORCEMENT 6 Inspection and notice 7 Fees for attendance 8 City s work if owner defaults 9 Offences and penalties Schedule A Fees Under its statutory powers, including sections 8(3)(l), 16, 17, 53, 258, 260, and 263 of the Community Charter, the Council of the City of Victoria enacts the following provisions: Title PART 1 INTRODUCTION 1 This Bylaw may be cited as the ABANDONED PROPERTIES BYLAW".

3 Definitions 2 In this Bylaw abandoned property means a building, structure or improvement which has remained unoccupied by its owner, tenant, or other lawful occupier for a continuous period of over 30 days; Building Inspector Inspector means the person to whom the City has assigned the responsibility for administering its building regulation bylaws, and that person s deputy or designated representative; includes all of the following persons: (d) (e) Building Inspector; Bylaw Officer; officer, employee, or representative of the City, appointed under this Bylaw; peace officer; local assistant to the Fire Commissioner. owner property "unoccupied" has the same meaning as defined in the Community Charter; means all real property, including but not limited to buildings, structures, and improvements located on real property. means that a building, structure or improvement is no longer used by the owner, tenant or other lawful occupier thereof for its accustomed and ordinary purpose for more than thirty days; and

4 there is no apparent intention on the part of the owner, tenant or other lawful occupier to resume occupancy of that building, structure or improvement. Severability 3 Each provision of this Bylaw is intended to be independent to the extent that the setting aside of the provision by a court does not affect the validity of the remaining provisions. Securing abandoned property PART 2 REGULATIONS 4 The owner of property that is or will become 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: (d) (e) (f) affixing structural barriers to windows and other points of ingress using materials and installation that are effective in precluding easy entry; installing security fencing or other perimeter barriers; installing a security lighting system which does not impact neighbouring properties; installing a security alarm system; employing security or guard patrols on a frequent and periodic basis; utilizing or installing other security measures or devices that are satisfactory to the Inspector. Securing abandoned property damaged by entry or occupation 5 The owner of abandoned property that has been damaged because of unauthorized entry or occupation must: make the repairs that are necessary as a result of the damage, install or take one or more of the security measures described in section 4 for the purpose of securing the property against further unauthorized entry, occupation, and damage. PART 3 ENFORCEMENT Inspection and notice 6 (1) Subject to the requirements of section 16 of the Community Charter, an Inspector may enter property at any reasonable time and in a reasonable manner for the purpose of inspecting and determining whether

5 the property is abandoned property, the owner has fulfilled the requirements of section 4 or 5, the owner has fulfilled the requirements of a notice under subsection (2). (2) An Inspector may notify an owner of the requirement to secure property in accordance with section 4, or to repair and secure property in accordance with section 5, if the Inspector determines that the property is abandoned property, the abandoned property has not been secured in accordance with section 4, or the abandoned property has not been repaired and secured in accordance with section 5. (3) An owner who receives a notice under subsection (2) must fulfill the notice s requirements to secure or repair the abandoned property within ten (10) days of receiving the notice. (4) Within fourteen (14) days of the service of a notice under subsection (2) an owner may request a hearing by the City s Private Property Maintenance Committee established under the Property Maintenance Hearing Delegation Bylaw. (5) Upon the conclusion of a hearing under subsection (4) the Private Property Maintenance Committee may: confirm the requirements of the notice under subsection (2); extend the time in which the owner must undertake the action required by the notice given under subsection (2); or where the Private Property Maintenance Committee determines it is appropriate to do so, vary the action required to be taken by the owner and establish time limits within which the person appealing must undertake the action. Fees for attendance 7 (1) Immediately on receiving an invoice from the City, an owner must pay to the City all fees, as set out in Schedule A, for investigation and inspection of the owner s abandoned property by an Inspector, personnel of the City s Fire Department, or other City personnel, if that abandoned property has not been secured in accordance with this Bylaw.

6 (2) A fee under subsection (1) that is unpaid on December 31 in the year in which it is imposed must be added to and collected in the same manner as the City s property taxes. City s work if owner defaults 8 (1) The City and its employees, agents, and contractors may enter, and secure or repair abandoned property in accordance section 4 or 5 if the owner fails to fulfill the requirements of a notice under section 6(2), and (d) that person has not requested a hearing before the Private Property Maintenance Committee within fourteen (14) days of the service of the notice; the Private Property Maintenance Committee, acting under its authority in section 6(5), has confirmed the requirements of the notice; the Private Property Maintenance Committee has not extended the time in which the owner is required to comply with the action required by the notice given under section 6(2); or the Private Property Maintenance Committee, acting under its authority in section 6(5), has not varied the action required to be taken by the owner. (2) Immediately on receiving an invoice from the City, an owner to whom subsection (1) applies must reimburse the City for its expenses incurred as a result of work performed under subsection (1). (3) An amount that is owed by an owner under subsection (2) and that is unpaid on December 31 in the year in which it is imposed must be added to and collected in the same manner as the City s property taxes. Offences and penalties 9 (1) A person who contravenes a provision of this Bylaw is guilty of an offence and is subject to the penalties imposed by the Ticket Bylaw, this Bylaw and the Offence Act. (2) Each day that a contravention of a provision of this Bylaw continues is a separate offence. (3) Except as prescribed in the Ticket Bylaw, the minimum penalty for a contravention of this Bylaw is a fine of $2,000 for a first offence; $3,000 for a second or subsequent offence.

7 (4) The maximum fine that may be imposed for a contravention of this Bylaw is $10,000. READ A FIRST TIME the 26 th day of June 2008 READ A SECOND TIME the 26 th day of June 2008 READ A THIRD TIME the 26 th day of June 2008 ADOPTED on the 10 th day of July 2008 ROBERT G. WOODLAND CORPORATE ADMINISTRATOR ALAN LOWE MAYOR

8 Work For Which Fee Is Imposed Initial investigation and inspection of property, including attendance by inspector Schedule A Fees Amount of Fee $250 Initial building inspection $250 Building permit authorizing remediation Fee set out in Building Bylaw