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Consolidated to: April 3, 2018
City of Chilliwack
Bylaw No. 3044
A bylaw to Regulate, Prohibit or Impose Requirements Respecting
Nuisances, Noxious or Offensive Trades, and Health and Safety Risks
___________________________________________________________
The Council of the City of Chilliwack enacts as follows:
1.
This bylaw may be cited as "Nuisance, Noxious or Offensive Trades, Health and
Safety Bylaw 2004, No 3044".
INTERPRETATION
2.
In this bylaw
"Amphetamines" include dextroamphetamines and methamphetamines;
"Alteration" means any change made to the structural, mechanical or electrical
components of Residential Premises for the purposes of a Grow Operation;
"Building" means any Structure or construction for any use or occupancy;
"Building Inspector" means the chief building inspector for the City, and every building
inspector appointed by the City 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 City's Business License Bylaw, in force from time to time;
"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 City of Chilliwack.
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" - Page 2
Consolidated to: April 3, 2018
INTERPRETATION (CONTINUED)
"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;
"Director" means the Director of Development and other persons designated by Council
to act in the place of the Director;
"Fire Chief" means the person who is appointed to be head of Chilliwack Fire and
Rescue Services and every person designated by Council by name of office 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 Fire Code (British Columbia);
"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 Council or the Fire Chief, as
applicable, to be an officer or employee of Chilliwack Fire and Rescue
Services;
(b)
the Chief Building Inspector for the City, and every Building Inspector
appointed by the City 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 Director of Development;
(e)
the Director of Engineering and Operations;
(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);
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" - Page 3
Consolidated to: April 3, 2018
INTERPRETATION (CONTINUED)
"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 microorganisms 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 City 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;
(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 City;
"Structure" means an erection, repair, Alteration, addition, demolition, excavation or
other construction which supports a use or occupancy; and,
"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.
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" - Page 4
Consolidated to: April 3, 2018
BUILDING AND SAFETY STANDARDS
3.
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.
4.
If, as a result of the use of a property as a Controlled Substance Property
(1)
the supply of electricity, water or natural gas to a property has been disconnected
by the City or any other lawful authority;
(2)
unauthorized Alterations or repairs have been made to structural, electrical, water
or gas systems, equipment, appliances or other accessories of any kind; or
(3)
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
(4)
the owner or occupant has applied to a Building Inspector for a special safety
inspection pursuant to this section;
(5)
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 City's bylaws and
any provincial statute or regulation relating to building, electrical, water, health,
gas, or fire safety as amended from time to time;
(6)
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 City's bylaws and all provincial statutes and regulations;
(7)
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 the City's bylaws and all applicable provincial
statutes and regulations, as amended from time to time; and
(8)
the owner or occupant has paid all fees imposed by Schedule "A" of this Bylaw
and other relevant City 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.
5.
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.
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" - Page 5
Consolidated to: April 3, 2018
BUILDING AND SAFETY STANDARDS (CONTINUED)
6.
No person may store or use Dangerous Goods in a Residential Building or a Residential
Accessory Building in quantities greater than permitted under the Fire Code (British
Columbia) as amended from time to time.
7.
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.
8.
No person may construct or install any obstruction of an exit or an access to an exit
required under the Building Code (British Columbia) 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.
9.
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.
10.
No person may:
(1)
interfere with or obstruct an Inspector from posting a notice referred to in
Section 9;
(2)
remove, alter, or cover a notice posted under Section 9, except with the
permission of an Inspector; or,
(3)
occupy a Building or Structure on which a notice has been posted under Section 9
until the notice has been rescinded, in writing, by a Building Inspector.
(AB#4504)
HEALTH
11.
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
12.
No person may cause or permit
(1)
a nuisance as a result of the use or occupancy of a parcel;
(2)
water, rubbish or unsightly matter to collect or accumulate in, on, under or around
a Parcel owned, used or occupied by the person, where "unsightly" has the
meaning given by the Unsightly Premises Bylaw, in force from time to time, as
amended or replaced.
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" - Page 6
Consolidated to: April 3, 2018
NOXIOUS OR OFFENSIVE TRADE
13.
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
14.
The Fire Chief may
(1)
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;
(2)
take measures to prevent and suppress fires, including the demolition of Buildings
and other Structures to prevent the spreading of fires;
(3)
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; and,
(4)
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.
15.
Every Owner or occupier of real property must undertake any action directed by the Fire
Chief or other person authorized by Council to act in the place of the Fire 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
16.
Every Owner of Residential Premises or other premises that are subject to a Tenancy
Agreement
(1)
must inspect the premises at least once every three months to ascertain whether
this bylaw has been contravened, and
(2)
who has knowledge of a contravention of this bylaw, in relation to the Residential
Premises or other premises, must:
(a)
within 24 hours of the discovery of the contravention, deliver written notice
to the City of the particulars of the contravention, and
(b)
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.
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" - Page 7
Consolidated to: April 3, 2018
REMEDIATION REQUIREMENTS
17.
If Residential Premises have been used 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:
(1)
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;
(2)
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,
(3)
have all walls and ceilings in the Residential Premises cleaned and disinfected by
a Professional Cleaner;
and the City may deliver to the Owner and occupier of the Residential Premises a letter in
the form of Schedule D.
INSPECTION AND CERTIFICATION REQUIREMENT
18.
After a Professional Cleaner has been engaged by the Owner and has completed the
requirements of Section 17, 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 Director that the requirements of Section 17 have been
satisfied and that the Residential Premises are substantially free of any Pesticides or
fertilizers and any toxic chemicals, moulds or fungi.
OCCUPANCY
19.
After a Grow Operation has been removed from Residential Premises and until the
remedial measures prescribed by Section 17 of this bylaw have been completed and
written certification has been provided to the Director as required by Section 18, the
Residential Premises must not be occupied by any person.
20.
Before Residential Premises are re-occupied after removal of a Grow Operation, the
Owner must notify the prospective occupants in writing that a Grow Operation has been
removed and that the requirements of this bylaw have been met.
ALTERATIONS
21.
If there has been an Alteration to the Residential Premises, the Residential Premises must
not be re-occupied after the removal of a Grow Operation until
(1)
a Building permit has been obtained for any existing Alteration and proposed
Alteration work which requires a permit under the City's Building Regulation
Bylaw, in force from time to time;
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" - Page 8
Consolidated to: April 3, 2018
ALTERATIONS (CONTINUED)
(2)
the Residential Premises comply with the health and safety requirements of the
Building Code (British Columbia), the Electrical Code (British Columbia), this
bylaw and all other health and safety requirements established by law; and,
(3)
the Director has confirmed that a satisfactory occupancy inspection of the
Residential Premises by the City's Building Department has been completed.
FEE
22.
The following fees apply under this bylaw:
(1)
each time an Inspector enters on a Parcel to carry out an inspection in the exercise
of authority by the City to regulate, prohibit or impose requirements under this
bylaw or another enactment, the Owner must pay the City the administration and
inspection fee stipulated in Schedule A;
(2)
an administration and inspection fee stipulated in Schedule A must be paid to the
City before confirmation is provided under Section 21(3).
(3)
for a special safety inspection, paid prior to inspection, the Owner or occupier
must pay the City the fee stipulated in Schedule A;
(4)
for each inspection prior to issuance of a Re-occupancy Permit, the Owner or
occupier must pay the City the Re-occupancy Permit fee stipulated in Schedule A;
(5)
to obtain a Re-occupancy Permit, the Owner must pay the City the fee stipulated
in Schedule A;
(6)
every Owner whose real property is used as a Controlled Substance Property must
pay the City all Service Costs incurred by or on behalf of the City.
NOTICES AND INSPECTIONS
23.
Subject to the Community Charter, an Inspector may enter on real property for the
following purposes:
(1)
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;
(2)
to take action authorized under Sections 28 and 29 of this bylaw;
(3)
to inspect or to disconnect or remove a water service under Sections 3 or 31 of
this bylaw.
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" - Page 9
Consolidated to: April 3, 2018
NOTICES AND INSPECTIONS (CONTINUED)
24.
The Director or a person acting under the direction of the Director may post a notice in
the form of Schedule B on any Residential Premises which have been used for a Grow
Operation, advising of the regulations in this bylaw.
25.
No person may interfere with an inspection or proposed inspection under Section 23 of
this bylaw and no person shall remove or deface any notice posted under Section 24 of
this bylaw.
OFFENCE AND PENALTY
26.
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.
27.
If an offence is a continuing offence, each day that the offence is continued constitutes a
separate and distinct offence.
DEFAULT
28.
If an Owner or occupier of real property fails to comply with a requirement of the City
under this bylaw or another enactment, the City, within the time specified in the order or
notice may enter the real property and take such action as may be required to 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.
29.
If the Owner or occupier has failed to pay the City's costs of acting in default under
Section 28 before the 31st day of December in the year that the correction of the default
was effected, the costs will be added to and form part of the taxes payable on the property
as taxes in arrears.
REMEDIAL ACTION
30.
Division 12 of Part 3 of the Community Charter applies.
DISCONTINUANCE OF SERVICE
31.
The City may discontinue providing water service to real property if the water is being
used for or in relation to a Grow Operation on the real property, subject to the
requirements that the City must
(1)
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
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" - Page
10
Consolidated to: April 3, 2018
DISCONTINUANCE OF SERVICE (CONTINUED)
(2)
after the persons affected have had an opportunity to make representations to
Council, the City must give the Owner and occupier 7 days' written notice of any
proposed discontinuance of the water service.
SEVERABILITY
32.
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.
Received first reading on the 3rd day of August, 2004.
Received second reading on the 3rd day of August, 2004.
Received third reading on the 3rd day of August, 2004.
NOTICE given under Section 59 of the Community Charter on the 6th day of August, and 13th
day of August, 2004.
OPPORTUNITY for representations to Council provided under Section 59 of the Community
Charter up to the 16th day of August, 2004.
Finally passed and adopted on the 16th day of August, 2004.
Amendment Bylaw No. 4504 adopted on the 3rd day of April, 2018.
"Clint Hames"
Mayor
"Robert L. Carnegie"
Clerk
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" -
Schedule "A"
Consolidated to: April 3, 2018
SCHEDULE "A"
FEES
1.
The following fees apply under this Bylaw:
(1)
each time the City enters on a Parcel to inspect, in the exercise of the City's
authority to regulate, prohibit or impose requirements under this Bylaw or another
enactment, the Owner must pay the City an administration and inspection fee of:
(a)
$200.00;
(b)
an additional $200.00 for a subsequent inspection undertaken if the Owner
or occupier has failed to undertake action ordered by the Fire Chief, the City
or a person authorized under the Bylaw to order the action;
(2)
before confirmation is provided under Section 21(3) the Owner must pay to the
City:
(c)
$150.00 for an occupancy inspection;
(d)
$2,500.00 for an inspection with an architect or professional engineer to
certify that the subject Building may be occupied under applicable
enactments, if the Owner has not first engaged their own architect for that
purpose.
(3)
for a special safety inspection paid prior to inspection
$
400.00
(4)
for each inspection prior to issuance of a Re-occupancy Permit
$
200.00
(5)
to obtain Re-occupancy Permit
$
250.00
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" -
Schedule "B"
Consolidated to: April 3, 2018
SCHEDULE "B"
NOTICE
TAKE NOTICE THAT these Residential Premises have been used as a marijuana grow
operation [or an amphetamine production operation].
Pursuant to City of Chilliwack "Nuisance, Noxious or Offensive Trades, Health and Safety
Bylaw 2004, No. 3044", no person may occupy these premises until cleaning and remediation
have been completed in accordance with that Bylaw and the Inspector 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 the Director at 604-793-2906.
____________________________________
Inspector
City of Chilliwack
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" -
Schedule "C"
Consolidated to: April 3, 2018
SCHEDULE "C"
CERTIFICATION FORM
TO:
The City of Chilliwack
FROM:
[insert name of inspector]
RE:
Residential Premises located at [insert address]
This is to certify that in accordance with Section 17 and 18 of "Nuisance, Noxious or Offensive
Trades, Health and Safety Bylaw 2004, No. 3044", the professional identified in this
certification:
(1)
meets the certification requirements for an inspector under Section 18 of the
Bylaw; and
(2)
has completed an inspection of the Residential Premises on _______________;
and
(3)
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 Cleaner]
______________________________________
Authorized Representative
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044" -
Schedule "D"
Consolidated to: April 3, 2018
SCHEDULE "D"
LETTER TO PROPERTY OWNER
Re:
"Nuisance, Noxious or Offensive Trades, Health and Safety Bylaw 2004, No. 3044"
This letter is to notify you that the City of Chilliwack's "Nuisance, Noxious or Offensive
Trades, Health and Safety Bylaw 2004, No. 3044", in force from time to time, establishes
regulations concerning the cleaning and remediation of Residential Premises that have been used
for marijuana grow operations or amphetamine production.
The City has been advised by the Royal Canadian Mounted Police that the Residential Premises
at [insert address] were in use as Controlled Substance Property, the apparatus of which has been
removed by the police.
The Bylaw requires that within 30 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 City of Chilliwack.
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 19 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 City's Building Department at 604-793-2905.