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THE VILLAGE OF BELCARRA
BYLAW NO. 362, 2004
A Bylaw to Regulate, Prohibit or Impose Requirements Respecting
Nuisances, Noxious or Offensive Trades, and Health and Safety
Risks
The Council of the Village of Belcarra enacts as follows:
TITLE
1.
This bylaw may be cited as "Grow Operation, Health, Nuisance and Safety Bylaw No
362, 2004".
INTERPRETATION
2.
In this bylaw
"Amphetamines" include dextroamphetamines and methamphetamines;
"Alteration" means any change made to the structural, mechanical or electrical
components of a Controlled Substance Property;
"Building" means any Structure or construction for any use or occupancy;
"Building Inspector" means the building inspector for the Village, and every building
inspector appointed by the Village to inspect buildings or structures in respect of
Building, plumbing, gas or electrical standards;
"Controlled Substance" means a "controlled substance" as defined and described in
Schedules I, II and III of the Controlled Drugs and Substances Act, 1996 c. 19, as may be
amended from time to time, but does not include the trade or manufacture of a controlled
substance that is permitted under that Act or otherwise lawfully permitted under the
"Village Business License Bylaw No. 227, 1995";
This is a consolidated copy of the following bylaws:
1.
Village of Belcarra Grow Operation, Health, Nuisance and Safety Bylaw No.
362, 2004
2.
Village of Belcarra Fees and Charges Bylaw No. 400, 2008
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 2
"Controlled Substance Property" means
(a) a property contaminated by chemical or biological materials used in or produced
by the trade or manufacture of a Controlled Substance; or
(b) a property modified to trade or manufacture a Controlled Substance; or
(c) a property which has been used for the ingestion, use, sharing, sale, trade or barter
of a Controlled Substance therein or thereon; and
(d) which no longer meets the applicable standards under the British Columbia
Building Code, British Columbia Fire Code, Health Act or other applicable
regulations including any bylaw requirements of the Village of Belcarra
(e) a property which has been used for the cultivation of marijuana plants or
mushrooms or the production of Amphetamines;
"Dangerous Goods" means those products or substances regulated by the
Transportation of Dangerous Goods Act and its Regulations, both as amended from time
to time;
"Fire Chief" means the person who is appointed to be head of Sasamat Volunteer Fire
Department and every person designated by fire department bylaw by name or otherwise
to act in the place of the Fire Chief;
"Flammable and Combustible Liquid" for the purposes of this bylaw are as classified
under the British Columbia Fire Code;
"Grow Operation" means the cultivation of marijuana plants or mushrooms or the
production of Amphetamines;
"Hazardous Conditions" means:
(a) any real or potential risk of fire; or
(b) any real or potential risk to the health or safety of Persons or Property; or
(c) any unapproved Building modifications made to the Property; or
(d) repairs needed to the Property;
arising or resulting from the use or contamination of a Property as a Controlled Substance
Property.
"Inspector" means
(a)
the Fire Chief, and every person appointed by fire department bylaw or the Fire
Chief, as applicable, to be an officer or employee of Sasamat Volunteer Fire
Department;
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 3
(b)
the Building Inspector for the Village, and every Building Inspector appointed
by the Village to inspect Buildings or Structures in respect of Building,
plumbing, gas or electrical standards;
(c)
a peace officer, including a member of the Royal Canadian Mounted Police;
(d)
the Municipality's Administrator;
(e)
the Superintendent of Public Works;
(f)
bylaw enforcement officers and bylaw inspections officers;
(g)
the deputy of a person, officer or employee referred in paragraphs (a) to (e);
(h)
other persons designated by Council by name of office or otherwise to act in the
place of the persons, officers or employees referred to in paragraphs (a) to (f);
"Administrator" means the Administrator of the Village of Belcarra and other persons
designated by Council to act in the place of the Administrator;
"Owner" includes the registered owner of Residential Premises and the lessee of
Residential Premises;
"Parcel" includes land and any improvement comprised in a parcel;
"Pesticides" means a substance or mixture, including a chemical, used to destroy,
prevent, repel or mitigate fungi or animal pests or micro organisms such as bacteria or
viruses, and includes herbicides, fungicides, other substances used to control pests, plant
regulators, defoliants or desiccants;
"Professional Cleaner" means an individual or corporation experienced and qualified in
removing contaminants from Residential Premises and includes the Owner;
"Re-occupancy Permit" means permission or authorization in writing by the Building
Inspector to re-occupy any Building or part thereof in respect of which the Building
Inspector has issued an order to cease occupancy because of a hazardous condition;
"Residential Premises" means any Building or part of a Building which may lawfully
be occupied as a dwelling unit by one or more persons.
"Service Costs" means all direct and indirect costs incurred by the Royal Canadian
Mounted Police, the Sasamat Volunteer Fire Department, and the Fraser Health
Authority, associated with the inspection and removal of the illegal activities, materials
associated with illegal activities, and by-products resulting from illegal activities at a
Controlled Substance Property and includes:
(a) salaries and related personnel;
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 4
(b) costs incurred for the dismantling, disassembly, removal, clean up, transportation,
storage, and disposal of equipment, substances, materials and other paraphernalia
associated with such use, trade, business or manufacture;
(c) costs incurred from the replacement of consumables used, or the replacement of
equipment following exposure to contaminants;
(d) costs incurred as a result of the analysis of the materials found at the property and the
health and safety conditions at the property;
"Special Safety Inspection" means an inspection coordinated with other such
departments, jurisdictions, and contractors as is necessary to review hazardous conditions
that may exist and to issue such orders as are applicable pursuant to the British Columbia
Building Code, British Columbia Fire Code, Health Act and other such regulations and
bylaws within the Village;
"Structure" means an erection, repair, Alteration, addition, demolition, excavation or
other construction which supports a use or occupancy;
"Tenancy Agreement" means an agreement, whether written or oral, express or implied,
having a predetermined expiry date or not, between a landlord and tenant respecting
possession of premises, including Residential Premises.
BUILDING AND SAFETY STANDARDS
3.
(a)
No person may disconnect from an electrical or water distribution system a meter
installed for the purpose of ascertaining consumption of electricity or water if the
disconnection is for the purpose of preventing the electrical or water supplier from
ascertaining consumption.
(b)
If, as a result of the use of a property as a Controlled Substance Property
(i)
the supply of electricity, water or natural gas to a property has been
disconnected by the Village or any other lawful authority;
(ii)
unauthorized Alterations or repairs have been made to structural,
electrical, water or gas systems, equipment, appliances or other
accessories of any kind; or
(iii)
a hazardous condition exists on the property;
then the supply of electricity, water or natural gas must not be permanently
reconnected and the property must not be occupied or used until
(iv)
the owner or occupant has applied to a Building Inspector for a special
safety inspection pursuant to this section;
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 5
(v)
the property has been inspected by the Building Inspector and all other
lawful authorities having jurisdiction over the supply of electricity, water
or natural gas, for compliance with all health and safety requirements of
the Village's bylaws and any provincial statute or regulation relating to
building, electrical, water, health, gas, or fire safety as amended from time
to time;
(vi)
the owner or occupant has obtained all permits, approvals or
authorizations required to carry out the work necessary to bring the
property into compliance with the Village's bylaws and all provincial
statutes and regulations;
(vii)
all of the work referred to in this section has been completed and inspected
by the Building Inspector and all other lawful authorities having
jurisdiction and the Property is in compliance with Village bylaws and all
applicable provincial statutes and regulations, as amended from time to
time; and
(viii) the owner or occupant has paid all fees imposed by Schedule "A" of this
bylaw and other relevant Village bylaws in relation to the inspection of the
property and the issuance of permits, and the Building Inspector has
issued a Re-Occupancy Permit for the property.
4.
No person may divert or install exhaust vents of hot water tanks or furnaces to exhaust
into or within the Building instead of by way of an exhaust vent constructed or installed
in compliance with applicable enactments.
5.
No person may store or use Dangerous Goods in a Residential Building or a
Residential Accessory Building in quantities greater than permitted under the British
Columbia Fire Code as amended from time to time.
6.
(a)
No person may construct or install in a Building or Structure a trap or other
device which could have the effect of causing death or bodily harm to a person
entering the Building or Structure, including an Inspector under this bylaw.
(b)
No person may construct or install any obstruction of an exit or an access to an
exist required under the British Columbia Building Code or other enactment, as
amended from time to time, or remove fire stopping that is provided or required
under an enactment to contain the spread of fire within a Building.
7.
(a)
The Building Inspector may post a notice containing the words "Unsafe - Do
Not Enter or Occupy" in a conspicuous place at the entrances of a Controlled
Substance Property.
(b)
No person may:
(i)
interfere with or obstruct an Inspector from posting a notice referred to in
paragraph (a) or
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 6
(ii)
remove, alter, cover, or mutilate a notice posted under paragraph (a),
except with the permission of an Inspector.
HEALTH
8.
No person may cause or allow a Building to become subject to the growth on any portion
of the Building of mould or fungus arising from or in relation to the cultivation of
marijuana plants or the production of Amphetamines in the Building.
NUISANCE
9.
No person may cause or permit
(a)
a nuisance as a result of his or her use or occupancy of a parcel;
(b)
water, rubbish or unsightly matter to collect or accumulate in, on, under or around
a Parcel owned, used or occupied by him or her, where "unsightly" has the
meaning given by the "Village of Belcarra, Untidy and Unsightly Premises Bylaw
No. 126, 1988", as amended or replaced.
NOXIOUS OR OFFENSIVE TRADE
10.
No person may cause or permit a noxious or offensive trade in premises including the
production, storage, transfer or disposal of substances that emit offensive odours, fumes
or particulate matter.
FIRE PROTECTION
11.
The Fire Chief may
(a)
enter on real property and inspect premises for conditions that may cause a fire,
increase the danger of a fire or increase the danger to persons or property from a
fire;
(b)
take measures to prevent and suppress fires, including the demolition of
Buildings and other Structures to prevent the spreading of fires;
(c)
order an owner or occupier of real property to undertake any actions directed by
the Fire Chief or other person authorized by the Fire Chief for the purpose of
removing or reducing any thing or condition that person considers is a fire hazard
or increases the danger of fire;
(d)
exercise some or all of the powers of the Fire Commissioner under Section 25 of
the Fire Services Act, and for these purposes that section applies.
12.
Every Owner or occupier of real property must undertake any action directed by the Fire
Chief or other person authorized by fire department bylaw to act in the place of the Fire
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 7
Chief for the purpose of removing or reducing any thing or condition that the Fire Chief
or the other authorized person considers is a fire hazard or increases the danger of fire.
TENANCIES
13.
Every Owner of Residential Premises or other premises that are subject to a Tenancy
Agreement:
(a)
must inspect the premises at least once every three months to ascertain whether
this bylaw has been contravened, and
(b)
who has knowledge of a contravention of this bylaw, in relation to the
Residential Premises or other premises, must
(i)
within 24 hours of the discovery of the contravention, deliver
written notice to the Village of the particulars of the contravention,
and
(ii)
subject to the Residential Tenancy Act, within two months of the
delivery of the notice, take such action as may be necessary to
bring the premises into compliance with this bylaw.
REMEDIATION REQUIREMENTS
14.
If Residential Premises have been used as a Controlled Substance Property or for a
Grow Operation, the Owner of the Residential Premises must, within 30 days after the
Grow Operation has been removed, subject to the Residential Tenancy Act,
(a)
either remove and dispose of all carpets and curtains in the Residential Premises,
or have all carpets and curtains in the Residential Premises cleaned by a
Professional Cleaner,
(b)
if the Residential Premises are heated by forced air heating, have all air ducts
cleaned by a Professional Cleaner or by a duct cleaning company, and
(c)
have all walls and ceilings in the Residential Premises cleaned and disinfected
by a Professional Cleaner,
and the Village may deliver to the Owner and occupier of the Residential Premises a
letter in the form of Schedule D.
INSPECTION AND CERTIFICATION REQUIREMENT
15.
After a Professional Cleaner has been engaged by the Owner and has completed the
requirements of Section 14 an individual or corporation certified by the Canadian
Registration Board of Occupational Hygienists or the American Board of Industrial
Hygiene must inspect the Residential Premises and provide written certification in the
form of Schedule C to the Administrator that the requirements of Section 14 have been
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 8
satisfied and that the Residential Premises are substantially free of any Pesticides or
fertilizers and any toxic chemicals, moulds or fungi.
OCCUPANCY
16.
After a Controlled Substance and/or Grow Operation has been removed from
Residential Premises and until the remedial measures prescribed by Section 14 of this
bylaw have been completed and written certification has been provided to the as required
by Section 15, the Residential Premises must not be occupied by any person.
17.
Before Residential Premises are reoccupied after removal of a Controlled Substance
and/or a Grow Operation, the Owner must notify the prospective occupants in writing
that a Controlled Substance and/or a Grow Operation has been removed and that the
requirements of this bylaw have been met.
ALTERATIONS
18.
If there has been an Alteration to the Residential Premises, the Residential Premises
must not be re-occupied after the removal of a Controlled Substance and/or a Grow
Operation until
(a)
a Building permit has been obtained for any existing Alteration and proposed
Alteration work which requires a permit under the Village's building regulation
bylaw,
(b)
the Residential Premises comply with the health and safety requirements of the
British Columbia Building Code, the BC Electrical Code, this bylaw and all other
health and safety requirements established bylaw, and
(c)
the Director has confirmed that a satisfactory occupancy inspection of the
Residential Premises by the Village's Building Department has been completed.
FEE
19.
The following fees apply under this bylaw:
(a)
each time an Inspector enters on a Parcel to carry out an inspection in the
exercise of authority by the Village to regulate, prohibit or impose requirements
under this bylaw or another enactment, the Owner must pay the Village the
administration and inspection fee stipulated in Schedule A;
(b)
an administration and inspection fee stipulated in Schedule A must be paid to the
Village before confirmation is provided under Section 18(c).
(c)
for a special safety inspection, paid prior to inspection, the Owner or occupier
must pay the Village the fee stipulated in Schedule A;
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 9
(d)
for each inspection prior to issuance of a Re-occupancy Permit, the Owner or
occupier must pay the Village the Re-occupancy Permit fee stipulated in
Schedule A;
(e)
to obtain a Re-occupancy Permit, the Owner must pay the Village the fee
stipulated in Schedule A;
(f)
every Owner whose real property is used as a Controlled Substance Property
must pay the Village all Service Costs incurred by or on behalf of the Village.
NOTICES AND INSPECTIONS
20.
Subject to the Community Charter, an Inspector may enter on real property for the
following purposes:
(a)
to inspect and determine whether all regulations, prohibitions and requirements
under this bylaw or other enactments are being met in relation to any manner for
which the Council, a municipal officer or employee or a person authorized by the
Council has exercised authority under this or another act to regulate, prohibit or
impose requirements;
(b)
to take action authorized under Sections 25 and 26 of this bylaw;
(c)
to inspect or to disconnect or remove a water service under Sections 3 or 28 of
this bylaw.
21.
The Administrator or a person acting under the direction of the Administrator may post a
notice in the form of Schedule B on any Residential Premises which have been used for
a Grow Operation or is a Controlled Substance Property, advising of the regulations
in this bylaw.
22.
No person may interfere with an inspection or proposed inspection under Section 20 of
this bylaw and no person shall remove or deface any notice posted under Section 21 of
this bylaw.
OFFENCE AND PENALTY
23.
Every person who contravenes any provision of this bylaw commits an offence
punishable upon summary conviction and is liable to a fine not exceeding $10,000.00.
24.
If an offence is a continuing offence, each day that the offence is continued constitutes a
separate and distinct offence.
DEFAULT
25.
If an Owner or occupier of real property fails to comply with a requirement of the
Village under this bylaw or another enactment, the Village, within the time specified in
the order or notice may enter the real property and take such action as may be required to
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 10
correct the default, including to remediate the real property or bring it up to a standard
specified in an enactment, at the expense of the Owner or occupier who has failed to
comply, and may recover the costs incurred as debt.
26.
If the Owner or occupier has failed to pay the Village's costs of acting in default under
Section 25 before the 31st day of December in the year that the correction of the default
was effected, the costs must be added to and form part of the taxable payable on the
property as taxes in arrears.
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 11
REMEDIAL ACTION
27.
Division 12 of Point 3 of the Community Charter applies.
DISCONTINUANCE OF SERVICE
28.
The Village may discontinue providing water service to a Controlled Substance Property
if the water is being used for or in relation to a Controlled Substance and/or a Grow
Operation on the real property, subject to the requirements that the Village must
(a)
give the Owner and occupier of the real property 7 days' written notice of an
opportunity to make representations to Council with respect to the proposed
discontinuance of the water service, and
(b)
after the persons affected have had an opportunity to make representations to
Council, the Village must give the Owner and occupier 7 days' written notice of
any proposed discontinuance of the water service.
SEVERABILITY
29.
If any provision of this bylaw is held to be invalid, it shall be severed and the remainder
of the bylaw shall remain in effect.
READ A FIRST TIME this 19th day of July, 2004.
READ A SECOND TIME this 19th day of July, 2004.
READ A THIRD TIME this 19th day of July, 2004.
NOTICE given under Section 59 of the Community Charter this 21st day and 25th day of August
2004.
OPPORTUNITY for representations to Council provided under Section 59 of the Community
Charter up to the 30th day of August 2004.
ADOPTED this 13th day of September 2004.
Mayor
Clerk
This is certified to be a true copy
of Bylaw No. 362 , 2004
___________________________
Administrator
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 12
SCHEDULE A
FEES
(Repealed by Village of Belcarra Fees and Charges Bylaw No. 400, 2008)
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 13
SCHEDULE B
NOTICE
TAKE NOTICE THAT these Residential Premises have been used as a marijuana grow
operation [or an amphetamine production operation].
Pursuant to Village of Belcarra "Grow Operation Health, Nuisance and Safety Bylaw, No 362,
2004", no person may occupy these premises until cleaning and remediation have been
completed in accordance with that bylaw and the Administrator of Building Permits and
Inspections has confirmed that a satisfactory occupancy inspection has been completed.
It is an offence to remove or deface this notice.
Any inquiries should be directed to [insert name and telephone number of appropriate Village
official].
____________________________________
Administrator
Village of Belcarra
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 14
SCHEDULE C
CERTIFICATION FORM
TO:
The Village of Belcarra
FROM:
[insert name of professional cleaner]
RE:
Residential Premises at [insert address]
This is to certify that in accordance with Section 14 and 15 of "Grow Operation Health,
Nuisance and Safety Bylaw No 362, 2004" professional identified in this certification:
(a)
meets the requirements for a professional inspector under Section 15 of the bylaw;
and
(b)
has completed an inspection of the Residential Premises on _______________;
and
(c)
the Residential Premises are free of any Pesticides, fertilizers and toxic
chemicals, moulds or fungi.
The undersigned professional may be contacted at: [insert business telephone number].
CERTIFIED AS OF ____________[insert date]
[insert name of professional inspector]
______________________________________
Authorized Representative
Grow Operation, Health, Nuisance and Safety Bylaw No. 362, 2004
Page 15
SCHEDULE D
LETTER TO PROPERTY OWNER
Re:
Grow Operation Health, Nuisance and Safety Bylaw No. 362, 2004
This letter is to notify you that the Village of Belcarra's "Grow Operation Health, Nuisance and
Safety Bylaw No. 362, 2004" establishes regulations concerning the cleaning and remediation of
Residential Premises that have been used for marijuana grow operations or amphetamine
production.
The Village has been advised by the Royal Canadian Mounted Police that the Residential
Premises at [insert address] were in use as grow operation [or amphetamine production
operation] which has been removed by the police.
The bylaw requires that within 14 days, all carpets and curtains in the premises must be removed
or cleaned, any forced air heating ducts in the premises must be cleaned, and all walls and
ceilings must be cleaned and disinfected. That work must be carried out by a Professional
Cleaner with experience in removing contaminants from Residential Premises. The
Professional Cleaner must hold a licence to carry on business in the Village of Belcarra.
After the cleaning is completed, a qualified professional must certify that the premises are free
from Pesticides, fertilizer, toxic moulds, chemicals and fungus.
Until the cleaning and certification have been completed, Section 16 of the bylaw prohibits
occupancy by any person. Before occupancy, you are required to notify prospective occupants
that the requirements of the bylaw have been satisfied.
We enclose a copy of the bylaw for your reference. If you have any questions concerning the
regulations in the bylaw, please call the Village Building Department at [604-937-4100].