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Unsightly Premises Bylaw No. 715, 2003
(With amendments to July 21, 2022)
Consolidated for convenience only:
All persons making use of this consolidation are advised that the amendments have been
consolidated for convenience only, and that the original bylaws should be consulted for all
purposes of interpretation and application of the bylaw.
Includes Amendments:
Bylaw No. 1443
Adopted February 13, 2012
Unsightly Premises Bylaw No. 715, 2003 - Consolidated
Page 2
Table of Contents
1. CITATION: .................................................................................................................................. 4
2. REPEAL: ...................................................................................................................................... 4
3. DEFINITION: ............................................................................................................................... 4
4. RUBBISH AND LITTER CONTROL: ............................................................................................... 5
5. UNSIGHTLY PROPERTY: ............................................................................................................. 5
6. UNSIGHTLY GROWTH: ............................................................................................................... 5
7. ENFORCEMENT: ......................................................................................................................... 5
8. INSPECTION: .............................................................................................................................. 5
9. OFFENCE AND FINE: .................................................................................................................. 5
10.
SEVERABILITY: ........................................................................................................................ 6
SCHEDULE "A" ...................................................................................................................................... 7
Unsightly Premises Bylaw No. 715, 2003 - Consolidated
Page 3
BYLAW NO. 715
A BYLAW TO REGULATE THE MAINTENANCE OF REAL PROPERTY AND TO PROHIBIT UNSIGHTLY PREMISES IN THE CITY
OF COLWOOD
WHEREAS Section 725 (1) (b) of the Local Government Act empowers Council, by bylaw, to prohibit persons from
causing or permitting water, rubbish, or noxious, offensive or unwholesome matter to collect or accumulate around
their premises, and prohibits persons from depositing or throwing bottles, broken glass or other rubbish in any open
place;
NOW THEREFORE, the Municipal Council, in open meeting assembled, hereby enacts as follows:
Unsightly Premises Bylaw No. 715, 2003 - Consolidated
Page 4
1.
CITATION:
This Bylaw may be cited for all purposes as "Unsightly Premises Bylaw No. 715, 2003."
2.
REPEAL:
The "Colwood Unsightly Premises Bylaw, 1993" Blyaw No. 244" is hereby repealed.
3.
DEFINITION:
In this Bylaw:
"Bylaw Enforcement
means any person authorized to enforce bylaws on behalf of the City of Colwood.
Officer"
"Container"
includes a dumpster, garbage can, garbage bin or other receptacle designed,
intended, or used to hold rubbish, discarded materials and debris.
"Council"
means the Municipal Council of the City of Colwood.
"Graffiti"
means any graphic representation applied to public or private property without the
consent of the owner or their agent, but does not include any sign or mural for which
a permit has been issued by the municipality including but not limited to any
painting, writing, etching, drawing, stencilling, symbol or sticker.
"Mural"
means a picture or design applied directly to the exterior of a building, structure,
wall or fence with the consent of the owner or their agent.
"Noxious weed"
means any weed and the seed thereof to the extent the weed is designated by the
regulations under the Weed Control Act, R.S.B.C., 1979, c. 432 and amendments.
"Occupier"
has the same meaning as in the Local Government Act.
"Owner"
has the same meaning as in the Local Government Act.
"Rubbish"
means refuse.
"Refuse"
includes, but is not limited to, food wastes, market wastes, combustibles such as
paper, cardboard, plastics, leather, yard trimmings and brush, non-combustibles
such as metal cans, glass containers, glass crockery, dirt, ashes from fireplaces and
on-site incinerators, street sweepings, bulky wastes such as furniture, appliances,
tires, stumps, materials resulting from land clearing, construction and demolition
waste, unlicensed, unused or stripped automobiles, trucks, trailers, boats, vessels,
machinery, mechanical or metal parts.
"Unsightly"
includes but is not limited to:
(a) an accumulation of building materials on any property other than premises
included in a business license for building material sales and storage, unless the
owner or occupier of the property is in possession of a valid building permit or
unless the accumulation is stored in an enclosed building;
(b) an accumulation of filth, unused materials or rubbish of any kind, including but
not limited to vehicle bodies and parts, ashes, dead animals, paper, cardboard,
Unsightly Premises Bylaw No. 715, 2003 - Consolidated
Page 5
tin cans, leaves, wood, bedding, crockery, glass, bags and appliances.
4.
RUBBISH AND LITTER CONTROL:
No person shall:
(a) cause or permit water, rubbish, noxious, offensive or unwholesome matter to collect or accumulate on or
around land or buildings owned or occupied by them.
(b) deposit or throw bottles, broken glass or other rubbish in or on any highway or public place, or any open
place on private property.
(c) cause or permit rubbish to overflow from or accumulate around any container.
(d) without limiting the generality of the foregoing, no person shall, in respect to property for which a Building
Permit has been issued by the City, cause or permit demolition waste, construction waste or trade waste
to accumulate on the property
5.
UNSIGHTLY PROPERTY:
(a) No person shall place graffiti on walls, fences or elsewhere on or adjacent to a public place or public
property;
(b) No owner or occupier of real property or their agents shall allow such property to become or to remain
unsightly by the accumulation of filth, discarded materials, rubbish or graffiti.
6.
UNSIGHTLY GROWTH:
Every owner or occupier of real property or their agents shall clear the property of untended brush, trees,
noxious weeds and other growths so as to ensure the property does not appear unkept and is maintained to
the same standards of the neighborhood.
7.
ENFORCEMENT:
(a) Owners or occupiers of real property or their agents shall under Sections 5 and 6 of this Bylaw remove
from the property unsightly accumulations of filth, discarded materials, rubbish, or graffiti and brush,
trees, noxious weeds or other growths.
(b) Where a person fails to comply with a requirement under (a), the City may by its employees or other
persons, at reasonable times and in a reasonable manner, enter on the property and effect the removal
at the expense of the person who failed to comply;
(c) Where the person at whose expense removal is carried out under (b) does not pay the cost of the removal
on or before December 31, in the year that the removal was done, the cost shall be added to and form
part of the taxes payable on the property as taxes in arrears.
8.
INSPECTION:
Every Inspector or Bylaw Enforcement Officer is hereby authorized to enter upon any lands and premises in
the Municipality at all reasonable times to ascertain whether the provisions in this Bylaw are being observed.
9.
OFFENCE AND FINE:
Unsightly Premises Bylaw No. 715, 2003 - Consolidated
Page 6
Any person found guilty of contravention of this Bylaw shall be liable on summary conviction to a fine of not
more than $2000.00 and every day during which there is an infraction of this Bylaw shall constitute a separate
Offense.
10.
SEVERABILITY:
If any portion of this Bylaw is held invalid by a court of competent jurisdiction, such invalidity shall not affect
the validity of the remaining portions of this Bylaw.
READ A FIRST TIME THIS 29th DAY OF SEPTEMBER 2003.
READ A SECOND TIME THIS 29th DAY OF SEPTEMBER 2003.
READ A THIRD TIME THIS 29th DAY OF SEPTEMBER 2003.
FINALLY PASSED AND ADOPTED THIS 10TH DAY OF NOVEMBER 2003.
______________________________
MAYOR
______________________________
CHIEF ADMINISTRATIVE OFFICER
Unsightly Premises Bylaw No. 715, 2003 - Consolidated
Page 7
SCHEDULE "A"
FINE SCHEDULE