Burnaby, British Columbia
· No. 14711
· adopted 2024-12-16
· summary & facts
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Bylaw No. 14711
Page 1
CITY OF BURNABY
BYLAW NO. 14711
A bylaw to regulate
unsightly premises.
The Council of the City of Burnaby ENACTS as follows:
PART 1: CITATION
1.1
This bylaw may be cited as BURNABY UNSIGHTLY PREMISES BYLAW
2024.
PART 2: DEFINITIONS
2.1
In this Bylaw,
"abandoned building
materials"
means items used in the maintenance or construction of
structures or in landscaping, including, but not limited to,
lumber, piping, gypsum board, windows, doors, roofing
materials, scaffolding, equipment, tools, bricks, and building
blocks, where there is no apparent or actual construction
activity occurring on or in the real property
"bylaw"
means this bylaw, including all schedules attached hereto
"City"
means the City of Burnaby
"compliance order"
means an order issued pursuant to section 4.1 of this bylaw
"Corporate Officer"
means the corporate officer for the City appointed pursuant
to section 148 of the Community Charter
"Council"
means the Council of the City
"derelict vehicle"
means any vehicle which:
(a) is not capable of being operated by its own power or is
missing parts, including, but not limited to, engines,
doors, hood, trunk, tires, lights or windows; and
(b) is not validly insured and/or licensed, if such vehicle
would be required to be insured and/or licensed, to be
operated on public roads and/or waterways
Bylaw No. 14711
Page 2
For the purpose of this definition, a vehicle that is not validly
insured and licensed, as described above, shall be deemed to
be not capable of operating by its own power unless the
owner or occupier of the real property on which it is located
is able to demonstrate to an Inspector that the vehicle is
capable of operating under its own power.
"discarded materials" means all materials not in use for the immediate construction
or maintenance of a building situated on the property, and
includes, but is not limited to, appliances, motor vehicle
parts, machinery, firewood (unless it is neatly piled or
stacked against a wall or fence), furniture, and any other
chattels in a dismantled state or not in use for the purpose for
which the manufacturer intended
"General Manager
Community Safety"
means the individual employed by the City as the General
Manager Community Safety, or any individual or individuals
acting on their behalf
"graffiti"
has the meaning set out in the Burnaby Graffiti Bylaw
"Inspector"
means:
(a) General Manager Community Safety;
(b) Chief Licence Inspector;
(c) Manager Bylaw Services;
(d) Supervisor Property Use Coordination;
(e) Property Use Coordinators;
(f) Bylaw Enforcement Officers;
(g) officers and members of the RCMP, Burnaby
Detachment; and
(h) other City employees or contractors authorized by the
General Manager Community Safety to enforce this
bylaw
"noxious weed"
means any weed designated as a noxious weed pursuant to
the British Columbia Weed Control Act
"occupier"
includes:
(a) a person residing on or in the real property;
(b) the person entitled to possession of real property if there
is no person residing on or in the real property;
Bylaw No. 14711
Page 3
(c) a leaseholder or tenant; and
(d) the agent of any such person
"owner"
means the registered owner of the real property set out in the
Land Title Office, or the agent of any such person
"public property"
means any real property owned, leased or controlled by the
City
"rubbish"
includes, but is not limited to, solid and semi-solid waste,
dead animals, feces, filth, litter, paper, trash, refuse, garbage,
junk, cardboard, waste material, demolition material, cans,
bottles, yard clippings, wood, rubber, plastics, glass,
bedding, mattresses, crates, pallets, rags, barrels, boxes,
scrap iron, and other metal, scrap paving material, broken
flowerpots, discarded tanks of fuel and propane, discarded
household appliances, and discarded furniture
"unsightly"
includes, in addition to its common dictionary meaning and
regardless of the condition of other properties in the
neighbourhood, real property having any one or more of the
following characteristics:
(a) the accumulation of abandoned building materials,
derelict vehicles, discarded materials, rubbish and/or
graffiti;
(b) landscaping that is dead, characterized by uncontrolled
growth or significant lack of maintenance, or is
significantly damaged;
(c) a lowering in quality of the condition of a building or
structure, or parts thereof, characterized by holes, breaks,
rot, crumbling, cracking or any other evidence of
physical decay or neglect or excessive use or lack of
maintenance; or
(d) any other conditions of disrepair, dilapidation or
deterioration
"vehicle"
means any vehicle propelled otherwise than by human power
and includes an automobile, truck or other motor vehicle,
including a farm implement or equipment, motorcycle,
snowmobile, boat, recreational vehicle, airplane, trailer, and
any other device which is capable of being driven or drawn
Bylaw No. 14711
Page 4
PART 3: GENERAL PROHIBITIONS
3.1
No owner or occupier of real property shall allow that property to become or remain
unsightly.
3.2
Without restricting the generality of section 3.1, an owner or occupier of real property
must not cause, allow, or permit with respect to that real property:
(a)
the storage of abandoned building materials, derelict vehicles, discarded
materials, rubbish, vehicle parts, chattels and fixtures, furniture, appliances,
and other household items unless the items are within a fully enclosed
building or permitted temporary structure that is fully enclosed;
(b)
the parking or storage of one or more derelict vehicles;
(c)
grass, weeds or similar ground cover to be over 15 centimeters in height;
(d)
the accumulation or growth of noxious weeds;
(e)
the accumulation of uncontrolled growth, cut tree branches, dead trees,
leaves, dead bushes, or other growth;
(f)
a fence, retaining wall, or wood ties to be rotting, breaking, crumbling,
cracking, leaning, or any other condition indicating dilapidation, including
physical decay, neglect, or excessive lack of maintenance;
(g)
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, mold, algae, or other similar
organisms.
3.3
Except as authorized by the City, a person must not cause or permit abandoned
building materials, derelict vehicles, discarded materials, rubbish, vehicle parts,
structures, chattels and fixtures, furniture, appliances, other household items, or
noxious, offensive or unwholesome matter or substance to collect, obstruct, occupy or
accumulate on or around public property. The City may, by its officers, employees,
agents or contractors, at its discretion and with or without notice, remove any such
material, item, matter or substance from public property.
PART 4: COMPLIANCE ORDER
4.1
If an owner or occupier of real property fails to comply with this bylaw, the General
Manager Community Safety may issue a compliance order requiring the owner
Bylaw No. 14711
Page 5
and/or occupier to bring the real property into compliance with one or more provisions
of this bylaw within the time period set out in the compliance order.
4.2
A compliance order shall be served on the owner and occupier in accordance with the
following:
(a)
in respect to the owner, by personal service or by prepaid registered mail to the
address for the owner shown at the Land Title Office;
(b)
by prepaid mail to the address of the real property; and
(c)
by posting the compliance order in a conspicuous location on the real property.
4.3
When a compliance order is not served personally, such order is deemed to have been
served on the owner and the occupier on the third day after mailing and posting in
accordance with sections 4.2(b) and (c).
4.4
An owner or occupier of real property served with a compliance order must bring the
real property into compliance with this bylaw, as described in the compliance order,
within the time period set out in the compliance order.
4.5
If an owner or occupier fails to comply with a compliance order, the City may, by its
officers, employees, agents or contractors, enter onto the real property, at reasonable
times and in a reasonable manner, to bring the real property into compliance with this
bylaw at the expense of the owner or occupier of the real property.
4.6
The owner or occupier must pay to the City the expenses incurred by the City pursuant
to section 4.5 of this bylaw within thirty (30) days of being issued an invoice for such
expenses. If an owner or occupier of real property defaults in paying such invoice by
the 31st day of December of the year in which the expenses are incurred, the expenses
shall be added to and form part of the taxes payable in respect of that real property as
taxes in arrears.
PART 5: APPEAL OF COMPLIANCE ORDER
5.1
The owner or occupier of real property who has been issued a compliance order may
appeal to Council, by giving notice in writing to the Corporate Officer at least seven
(7) days prior to the expiration of the time period for compliance set out in the
compliance order.
5.2
Council must hear an appeal made pursuant section 5.1 of this bylaw and may confirm,
amend, rescind or issue other directions or conditions in respect to the compliance
order.
Bylaw No. 14711
Page 6
PART 6: ENFORCEMENT AND INSPECTIONS
5.1
The provisions of this bylaw may be enforced by any Inspector.
5.2
An Inspector may enter, in accordance with Section 16 of the Community Charter,
upon any real property in order to inspect and determine whether all regulations,
restrictions, and requirements of this bylaw are being met.
5.3
No person shall interfere with or attempt to obstruct an Inspector who is conducting
an inspection or enforcement action in relation to this bylaw.
PART 7: OFFENCES AND PENALTIES
6.1
Every person who violates any of the provisions of this bylaw, or who suffers or
permits any act or thing to be done in contravention of any of the provisions of this
bylaw, or who neglects to do or refrains from doing anything required to be done by
any of the provisions of this bylaw, is guilty of an offence and is liable, on summary
conviction, to and a maximum fine of fifty thousand dollars ($50,000.00).
6.2
If an offence continues for more than one day, a separate offence occurs on each day
or part of a day, and separate fines may be issued for each day or part of a day in
respect of which the offence occurs or continues.
6.3
A violation of any of the provisions identified in this bylaw shall result in liability for
penalties and late payment amounts established in Schedule A of BURNABY
BYLAW NOTICE ENFORCMENT BYLAW, 2009, and be subject to the procedures,
restrictions, limits, obligations and rights established in BURNABY BYLAW
NOTICE ENFORCMENT BYLAW, 2009 and the Local Government Bylaw Notice
Enforcement Act.
PART 8: SEVERABILITY
7.1
If a portion of this bylaw is held invalid by a Court of competent jurisdiction, the invalid
portion must be severed and the remainder of this bylaw is deemed to have been
adopted without the severed section, subsection, paragraph, subparagraph, clause or
phrase.
PART 9: REPEAL
8.1
Burnaby Unsightly Premises Bylaw 1969, together with all amendments thereto, is
hereby repealed.
Bylaw No. 14711
Page 7
Read a first time this 2nd day of December, 2024
Read a second time this 2nd day of December, 2024
Read a third time this 2nd day of December, 2024
Reconsidered and adopted this 16th day of December, 2024
MAYOR
CORPORATE OFFICER
Signed Original Bylaw on file.