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Consolidated to: May 2, 2023
City of Chilliwack
Bylaw No. 3988
A bylaw to provide for the regulation of vacant buildings
______________________________________________________
WHEREAS, the Council of the City of Chilliwack is desirous of maintaining an aesthetically
pleasing appearance in the business community of this municipality;
AND WHEREAS Council is confident that in maintaining a high standard of appearance,
development of this municipality will be enhanced;
AND WHEREAS Council deems it appropriate to require an owner of property to safeguard,
secure and protect abandoned or unoccupied buildings from property damage, unauthorized entry
or occupation for the protection of persons and property;
NOW THEREFORE the Council of the City of Chilliwack in open meeting assembled enacts as
follows:
1.
This Bylaw may be cited as "Vacant Buildings Minimum Maintenance Standards
Bylaw 2014, No. 3988".
INTERPRETATION
2.
In this Bylaw:
"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 and any individual designated by
Council to act in the place of a Building Inspector;
"Bylaw Enforcement Officer" means a person appointed by Council as a Bylaw
Enforcement Officer for the City of Chilliwack and includes a Traffic Warden and
any individual designated by Council to act in the place of a Bylaw Enforcement
Officer;
"Chief Building Official" means the person designated in or appointed to that position by
the City, and any individual designated by Council to act in place of the Chief
Building Official;
"Council" means the Council of the City of Chilliwack;
"Director" means the Director of Development and Regulatory Enforcement Services for
the City of Chilliwack or any individual designated by Council to act in the place
of the Director;
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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"Fire Chief" means the person who is appointed to be head of The Chilliwack Fire
Department and every person designated by Council by name of office or otherwise to act
in the place of the Fire Chief;
"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 the Chilliwack Fire Department;
(b)
the Chief Building Official for the City, and every Building Inspector
appointed by the City;
(b)
a Peace Officer, including a member of the Royal Canadian Mounted
Police;
(d)
the Director of Development and Regulatory Enforcement Services;
(e)
the Director of Planning;
(f)
Bylaw Enforcement Officers;
(g)
the deputy of a person, officer or employee referred to 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);
"Multi-family residential" means a Building containing more than one residential
occupancy, where each residential occupancy does not have more than one stove or other
cooking facility;
"Owner" includes the registered owner of a property and includes an occupier or lessee of
property or a Building on a property;
"Vacant" means a Building, including a portion of a Building or a unit within a Building,
that is not occupied and that may also be unfinished, dilapidated, fire damaged, open to
the elements, or capable of unauthorized entry, or that may endanger life or property.
REQUIREMENTS FOR VACANT BUILDINGS
3.
Every Owner of a commercial, industrial or Multi-family residential Building in the City
of Chilliwack shall maintain the Building in accordance with the requirements of this
Bylaw.
4.
No person shall allow a commercial, industrial, or Multi-family residential Building to
stand Vacant for more than 60 days unless the Building is in compliance with Section 5 of
this Bylaw or the vacancy is otherwise authorized under Section 6 of this Bylaw.
5.
Except as authorized under Section 6 of this Bylaw, every Owner of real property that
contains a commercial, industrial, or Multi-family residential Building that has been
vacant for more than 60 days shall:
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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(1)
maintain the Building in compliance with the standards set out in Schedule "A" of
this Bylaw;
(2)
secure the Building in compliance with the standards set out in Schedule "B" of
this Bylaw; and,
(3)
within 30 days of an order by an Inspector, maintain $2,000,000 in liability
insurance and obtain a Vacant Building Regulation permit under Section 10 of this
Bylaw.
EXEMPTIONS
6.
No person shall allow a Building of industrial, commercial or Multi-family residential use
to stand Vacant for more than 60 days unless the person is in compliance with section 5 of
this Bylaw or one of the following applies:
(1)
The Building is the subject of an active issued building permit for repair or
rehabilitation, or a valid permit for demolition, and the Owner is progressing
diligently to complete the repair or rehabilitation.
(2)
The Building meets all applicable codes, is ready for occupancy and is actively
being offered for sale, lease, or rent at fair market value. The Building is to be
supplied with minimum utilities to maintain the proper functioning of the facilities
as well as to prevent damage to mechanical and plumbing facilities from freezing.
Commercial Buildings that are classified to have a fire alarm and/or fire
suppression systems must maintain electrical and heating systems to maintain
these life safety components. In addition, for all Buildings, the Owner must also
ensure:
(a)
that all combustible materials within a Vacant Building are removed to
reduce any potential fire load;
(b)
there is no illegal occupancy; and,
(c)
there is no existence of rodents or any other potential health or safety risks
to the community.
(3)
The Inspector determines that the Building does not constitute a nuisance or
hazardous condition requiring building permits for remedial work or demolition.
INSPECTIONS OF EXTERIOR OF VACANT BUILDINGS WITHOUT NOTICE
7.
An Inspector may enter onto land without notice to and without the consent of the Owner
in order to monitor a Building that is boarded or appears to be Vacant in order to
determine:
(1)
whether the Building is Vacant;
(2)
whether a Vacant Building is to be secured; and
(3)
whether the Building complies with this Bylaw.
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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Consolidated to: May 2, 2023
OTHER INSPECTIONS
8.
Without limiting the authority set out in Section 7, an Inspector is authorized to enter at
all reasonable times on any property subject to this Bylaw, to ascertain whether any
regulations or directions contained herein are being observed.
INSPECTOR MAY ISSUE ORDERS AND IMPOSE REQUIREMENTS
9.
Where an Inspector reasonably believes any industrial, commercial or Multi-family
residential Building on a property is Vacant, the Inspector may notify the Owner in
writing and order the Owner to do one or more of the following:
(1)
apply for a Vacant Building Regulation permit;
(2)
apply for a Building Permit to renovate a Building so that it is in a state of safe
occupancy in that it complies with the City's Building Regulation Bylaw, in force
from time to time;
(3)
retain a Professional Engineer licenced or registered to practice in British
Columbia to perform a field evaluation of an existing Building and any required
remedial work to make the structure safe for occupation or further inspections.
10.
The Inspector's powers under Section 9 are applicable notwithstanding the exemptions set
out in Section 6 of this Bylaw where the Inspector reasonably believes any industrial,
commercial, or Multi-family residential Building on a property is Vacant and constitutes a
fire risk or creates a safety hazard.
VACANT BUILDING REGULATION PERMITS
11.
In order to obtain a Vacant Building Regulation permit, an owner of a Building must:
(1)
Apply to the Chief Building Official for a special safety inspection within 30 days
of receiving an order by the Inspector and pay the fee hereby imposed for such
special safety inspection as specified in Schedule "C" of this Bylaw;
(2)
Provide an address for service of notices and orders during the period that the
permit is valid and thereafter, provide prompt notice of any change in the address
given for service;
(3)
Pay any application or permit fee as established within Schedule "C" of this
Bylaw;
(4)
Provide the Inspector with a copy of the certificate of insurance required in
Section 5; and
(5)
Ensure that all combustible materials within the Vacant Building are removed to
reduce any potential fire load.
12.
Upon completion of the requirements in Section 11, the Owner may obtain from the City
a Vacant Building Regulation permit for a period of 24 months from the date it is issued.
The permit is automatically transferred to the next Owner of the property but for clarity it
retains its original expiry date.
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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Consolidated to: May 2, 2023
13.
An Owner must display a Vacant Building Regulation permit in a prominent location as
determined by the Inspector.
PARTIAL REFUND OF FEE
14.
The Owner of a Vacant Building Regulation permit is entitled to a partial refund of the
permit fee, as set out in Schedule "C", if the Building subject to the permit is remediated
or demolished within the 6 months of registration. Any outstanding fees, utility charges
or penalties imposed on the Owner pursuant to this or another Bylaw shall be deducted
from any refund paid.
MONITORING INSPECTIONS FOLLOWING ISSUANCE OF A VBR PERMIT
15.
Every owner with a Vacant Building Regulation permit shall allow for entry of an
Inspector no less than once a month into a Vacant Building for the purposes of ensuring:
(1)
the Building is maintained as per Schedule "A" of this Bylaw;
(2)
the Building is secured against unauthorized entry as per Schedule "B" of this
Bylaw; and,
(3)
to ensure:
(a)
that all combustible materials within a Vacant Building are removed to
reduce any potential fire load;
(b)
there is no illegal occupancy; and,
(c)
there is no existence of rodents or any other potential health or safety risks
to the community.
16.
Once a Vacant Building Regulation permit has been issued, no additional or subsequent
permit may be issued in respect to the Building until and unless Council has approved an
additional permit to be issued under Section 18.
COUNCIL MAY ORDER ADDITIONAL PERMIT TO BE ISSUED
17.
Upon application by an Owner in possession of a valid Vacant Building Regulation
permit and payment of any outstanding fees or penalties, Council may direct the Director
to issue an additional Vacant Building Regulation permit in respect of the Building that is
effective upon the expiry of the original Vacant Building Regulation permit.
18.
In determining whether to approve an additional permit, Council must take into account:
(1)
whether the Building creates a hazard or nuisance to adjacent Buildings, the
property, and the surrounding neighbourhood;
(2)
the viability and credibility of the Owner's plans to bring the Building into
compliance and maintain it thereafter in compliance with this Bylaw and other
Bylaws;
(3)
the likelihood that the Building will be re-occupied or demolished in the future;
and,
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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Consolidated to: May 2, 2023
(4)
the Owner's record of compliance or non-compliance with this Bylaw and other
Bylaws of the City and the subject property and elsewhere.
19.
In approving the issuance of an additional Vacant Building Regulation permit, Council
may impose any terms and conditions it considers reasonable. The permit will be valid for
12 months and may be cancelled by the Inspector if the Inspector reasonably concludes
that the conditions imposed on it have not been met or have been breached.
20.
An additional permit issued under Section 18 is conditional upon payment as described in
Schedule "C" of this Bylaw, including payment for any additional inspections that
Council has deemed necessary.
ADDITIONAL COMPLIANCE ORDERS
21.
If, in the opinion of the Inspector, an Owner of real property fails to comply with a
requirement of this Bylaw, the Inspector may issue a written order requiring that the
Owner bring the real property into compliance with the provisions of this Bylaw within
such time as the Inspector considers appropriate in the circumstances.
22.
Notice of an order issued under Section 21 of this Bylaw must state:
(1)
the civic address of the subject real property;
(2)
the legal description of the subject real property;
(3)
the particulars of the non-compliance with this Bylaw to be remedied;
(4)
that the non-compliance with this Bylaw must be remedied within 14 days of the
date of delivery of the order, or a shorter time period if the Inspector determines it
is reasonable and necessary;
(5)
that if the Owner or occupant fails to comply with the order, the City may, without
further notice, proceed to carry out the work required, and the cost of such work
will be added to the taxes of the real property, and the Owner or occupant or both
may be subject to prosecution for an offence under this Bylaw.
NOTICE BY THE CITY
23.
The Inspector may serve any notice or order under this Bylaw as follows:
(1)
by registered mail addressed to the Owner as recorded in the property records of
the City,
(2)
by hand-delivering it to the Owner of the real property that is subject to the notice;
or,
(3)
if the Inspector is unable to effect notice pursuant to either (a) or (b) above, by
posting it on a conspicuous place on the real property that is the subject of the
notice and the notice shall then be deemed to be validly and effectively served for
the purposes of this Bylaw at the expiration of 5 days immediately following the
date the notice was so posted.
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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Consolidated to: May 2, 2023
24.
Service of any notice or order under this Bylaw will be considered sufficient if a copy of
the notice or order is provided as set out in Section 23 of this Bylaw and no liability or
responsibility other than that set out in accordance with this Bylaw rests with the City to
prove delivery of the notice.
CITY MAY CARRY OUT WORK REQUIRED
25.
If an Owner fails to comply with an Inspector's compliance order within the time period
specified in such notice, the City, by its workers or others, may at all reasonable times and
in a reasonable manner, enter the real property and bring about such compliance at the
cost of the defaulting Owner. Such costs shall consist of all costs and expenses incurred
by the City to achieve compliance with this Bylaw including, without limitation,
administrative costs, costs to attend property by City employees or its contractors and the
costs of removal, clean up and disposal.
26.
If an Owner defaults in paying the cost referred to in Section 25 to the City within 30 days
after receipt of a demand for payment from the City, the City may either recover from the
Owner, in any court of competent jurisdiction, the cost as a debt due to the City, or direct
that the amount of the cost be added to the real property tax roll as a charge imposed in
respect of work or service provided to the real property of the Owner and be collected in
the same manner as property taxes.
REMEDIAL ACTION REQUIREMENTS
27.
Without limiting the foregoing, if at any time Council determines that the Vacant Building
is a nuisance or creates a hazard, Council may impose a remedial action requirement in
accordance with Division 12 of Part 3 of the Community Charter, which may include, in
part, a requirement that the Owner demolish the Vacant Building. The Owner may seek
reconsideration by Council of a remedial action requirement within 14 days of receiving
the order by delivering written notice to the City.
28.
Notice of a remedial action requirement must be provided in accordance with Section 77
of the Community Charter.
RECOVERY OF CITY COSTS THROUGH SALE OF PROPERTY
29.
In accordance with Section 80 of the Community Charter, if remedial action requirements
have not been satisfied by the date specified for compliance, the City may sell the matter
or thing in relation to which the requirement was imposed or any part or material of it.
OFFENCE
30.
Every person who violates a provision of this Bylaw, or who suffers or permits any act or
thing to be done in contravention of or in violation of any provision of this Bylaw, or who
neglects to or refrains from doing anything required to be done by any provision of this
Bylaw, is guilty of an offence against this Bylaw and is liable to the penalties imposed
under this Bylaw.
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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Consolidated to: May 2, 2023
31.
Each day that a violation continues to exist may be deemed to be a separate offence
against this Bylaw.
32.
Every person who commits an offence against this Bylaw is liable, on summary
conviction, to a penalty of not more than $10,000.00.
Received first reading on the 18th day of February, 2014.
Received second reading on the 1st day of April, 2014.
Received third reading on the 1st day of April, 2014.
Finally passed and adopted on the 15th day of April, 2014.
Amendment Bylaw No. 5311 adopted on the 2nd day of May, 2023.
"Sharon Gaetz"
Mayor
"Janice McMurray"
Deputy City Clerk
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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Consolidated to: May 2, 2023
SCHEDULE 'A'
The Owner of a Vacant Building of industrial, commercial or Multi-family residential use must
comply with the following maintenance standards of this Schedule.
EXTERIOR WALLS
The exterior of every Building must be constructed, repaired and maintained in a manner that:
1.
Ensures the integrity of the Building envelope to protect the Building from the weather
and from infestations of insects, rodents and other pests; and,
2.
Prevents a substantial depreciation in property values in the immediate neighbourhood.
3.
Without restricting the general obligation as set out in Subsection (1):
(1)
All exterior surfaces must consist of materials that provide adequate protection
from the weather;
(2)
All exterior walls and their components, including coping and flashing, must be
maintained in good repair;
(3)
All exterior walls must be free of holes, breaks, loose or rotting boards or timbers
and any other condition which might permit the entry of insects, rodents or other
pests to the interior of the wall or the interior of the Building;
(4)
Exterior wood surfaces must be adequately protected against deterioration by the
application of paint, stain or other protective coating;
(5)
No more than 25% percent of any painted area of any exterior wall may be
blistered, cracked, flaked, scaled, or chalked away;
(6)
The mortar of any masonry or stone exterior wall may not be loose or dislodged.
(7)
The exterior of every Building must be free of graffiti; and,
(8)
Loose material must be removed from exterior walls, doors and window openings.
ROOFS
4.
Roofs must be constructed and maintained so as to prevent:
(1)
Rainwater or melting snow falling on the roof from entering the Building;
(2)
Rainwater or melting snow falling on the roof from negatively affecting
neighbouring Buildings or properties; and,
(3)
Objects and materials from falling from the roof.
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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Consolidated to: May 2, 2023
5.
Without restricting the general obligation as set out in Subsection (1):
(1)
Roofs, including fascia boards, soffits, cornices, flashing, eaves troughing and
downspouts must be maintained in a watertight condition.
(2)
Roof drainage must be controlled in order to eliminate or minimize runoff to
neighbouring properties that:
(a)
accumulates or causes ground erosion;
(b)
causes dampness in the walls, ceilings or floors of any portion of any
neighbouring Building; and,
(c)
accumulates on sidewalks or stairs in a manner so as to create a hazardous
condition.
(2)
Loose or unsecured objects and materials, including accumulations of snow or ice
or both that are likely to fall on passersby or are likely to result in the collapse of
the roof, must be removed from the roof of a Building or an accessory Building.
FIRE PROTECTION SYSTEMS
6.
Unless a fire protection system has been decommissioned by permission of the Fire Chief,
it must be maintained in an operational condition.
7.
Unless a fire alarm system has been decommissioned by permission of the Fire Chief, it
must be connected to an approved fire signal receiving centre in compliance with
Can/ULC-S561, adopted and published by the Underwriters' Laboratories of Canada, so
as to notify the Fire Department of fire alarm activation in the Building.
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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SCHEDULE 'B'
The Owner of a Vacant Building of industrial, commercial or Multi-family residential use must
comply with either Part 1 or Part 2 of this Schedule, as follows:
1.
In order to comply with Part 1 of this Schedule, the Owner of a Vacant Building must
ensure that:
(1)
All exterior doors to the Vacant Building are operational, fit tightly within their
frames when closed and are locked so as to prevent entry;
(2)
All windows are either permanently sealed or locked so as to prevent entry;
(3)
All windows, doors, basement and attic hatchways and their frames are so
constructed and maintained to completely exclude rain and substantially exclude
wind from entering the Building; and,
(4)
All windows are in good repair, and properly glazed.
2.
In order to comply with Part 2 of this Schedule, the Owner of a Vacant Building must
ensure that the following requirements are met:
(1)
All doors, windows and other openings, other than the principal entrance at the
basement and main (first) floor levels must be covered in compliance with this
Part with a solid piece of plywood, at least 11 millimeters thick and secured with
coated spikes at least 75 millimeters in length, spaced not more than 150
millimeters on centre.
(2)
The principal entrance must be covered in compliance with this Part with a solid
piece of plywood, at least 11 millimeters thick, adequately secured with screws at
least 50 millimeters in length, spaced not more than 150 millimeters on centre.
(3)
Windows, doors and other openings at the second floor level must be covered in
compliance with this Part with a solid piece of plywood, at least 9.5 millimeters
thick and secured with coated spikes at least 75 millimeters in length, spaced not
more than 150 millimeters on centre.
(4)
Windows, doors and other openings at the third floor level or higher must be
either:
(a)
Secured in accordance with Part 1 of this Schedule; or
(b)
Covered in compliance with this Part with a solid piece of plywood, at
least 8 millimeters thick and secured with coated spikes at least 75
millimeters in length, spaced not more than 150 millimeters on centre.
(5)
Windows, doors and other openings at the third floor level or higher may be
secured from inside the Building; plywood applied to all other openings must be
secured from the exterior.
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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(6)
Plywood applied to openings must be installed and maintained in a way that is
weather-tight and must be protected from the elements with at least two coats of
paint, which is of a colour compatible with the exterior colour of the Building. A
hole must be cut in the plywood just large enough for the door hardware to
protrude.
(7)
All floors above the first floor must be rendered inaccessible to entry by raising
fire escapes and ladders to a height of at least four meters or guarding them in
some other manner acceptable to an Enforcement Officer.
(8)
All stair or window wells must be adequately secured either by:
(a)
Filling them with concrete or unshrinkable fill; or
(b)
Covering opening to them with a metal plate at least 8 millimeters thick
and securing it so as to prevent it from shifting.
(9)
Electricity, natural gas and water must not be cut off if they are necessary to
maintain fire protection systems or fire alarms.
(10)
Where they are not necessary to maintain fire protection systems or fire alarms,
electricity, natural gas and water must not be cut off except in a manner
satisfactory to an Inspector.
"Vacant Buildings Minimum Maintenance Standards Bylaw 2014, No. 3988"
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Consolidated to: May 2, 2023
SCHEDULE 'C'
VACANT BUILDING REGULATION PERMIT FEES
Fee for special safety inspection prior to regulation permit
$ 500.00
Fee for other inspections by an Inspector
$ 130.00
Fee for Vacant Building Regulation Permit (24 months maximum)
$3,500.00
for each Vacant Building
Fee for additional Vacant Building Regulation Permit
$1,500.00
(12 month maximum)
Attendance by City of Chilliwack Fire Department: actual costs incurred by the City for labour,
materials and equipment
Refunds
75% of the Vacant Building Regulation Permit Fee may be refunded if it is remediated or
demolished within 6 months of the date of the permit.