Public Nuisance and Property Maintenance Bylaw No. 1652
Comox, British Columbia
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Bylaw 1652 - Public Nuisance and Property Maintenance Bylaw
Page 1
TOWN OF COMOX
BYLAW NO. 1652
The Council of the Town of Comox, in open meeting assembled, enacts as
follows:
PART ONE: INTERPRETATION
Title
1.
This bylaw may be cited as the "Comox Public Nuisance and Property
Maintenance Bylaw, 2010".
Definitions
2.
In this bylaw:
(a)
"Town" means the Town of Comox;
(b)
"Council" means the Council of the Town;
(c)
"Order" means an order issued pursuant to section 19 of this bylaw.
PART TWO: MAINTENANCE OF PROPERTY
Property Prohibitions
3.
No owner or occupier of real property shall cause, permit or allow:
(a)
refuse, garbage, or other noxious, offensive, or unwholesome
material to accumulate on such real property or in any buildings or
structures located on such real property;
(b)
water to accumulate on such real property or in any buildings or
structures located on such real property;
(c)
unsanitary conditions to exist on such real property or in any
buildings or structures located on such real property;
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(d)
any trees or other growths that create a safety hazard to remain on
such real property;
(e)
graffiti to be placed or remain on any buildings or structures located
on such real property;
(f)
unsightly conditions to exist on such real property or in any
buildings or structures located on such real property.
Removal Required
4.
Every owner or occupier of real property shall forthwith remove, or cause
to be removed, from such real property and from any buildings or
structures located on such real property:
(a)
all accumulations of refuse, garbage, or other noxious, offensive, or
unwholesome material;
(b)
all accumulations of water;
(c)
all unsanitary conditions;
(d)
all trees or other growths that create a safety hazard;
(e)
all graffiti;
(f)
all unsightly conditions.
Sidewalk and Boulevard Maintenance
5.
Every owner or occupier of real property shall maintain any sidewalk or
boulevard abutting the property in a safe and tidy condition including,
without limitation, by:
(a)
removing any ashes, mud, dirt, filth or refuse;
(b)
mowing any grass;
(c)
trimming any landscaping to ensure that:
(i)
driveway and intersection vision clearances are
unobstructed;
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(ii)
no landscaping is overhanging onto a sidewalk or boulevard
abutting the property; and
(iii)
no landscaping is encroaching onto a sidewalk or boulevard
abutting the property.
Littering
6.
No person shall deposit or throw bottles, broken glass, or other rubbish on
any highway, public place, or private property in the Town.
Graffiti on Property
7.
No person shall place graffiti on a building, structure, or elsewhere, on any
highway, public place, or private property in the Town.
Placement of Building Numbering
8.
Every owner or occupier of a building shall place numbers assigned to the
building, by the Town, in a place on or near the property on which the
building is located, which place is visible from the highway on which the
building fronts.
Fences
9.
Every owner or occupier of real property abutting on a highway shall
maintain in good repair any fences located on the real property that abut
on a highway.
PART THREE: NUISANCE
General Prohibitions
10.
No person shall do any act, or cause or permit any act to be done, which
constitutes a nuisance at law.
11.
No person shall make or cause, or permit to be made or caused, any:
(a)
vibration;
(b)
odour;
(c)
illumination;
Bylaw 1652 - Comox Public Nuisance and Property Maintenance Bylaw
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(d)
dust; or
(e)
other matter
(f)
in the Town, which disturbs or tends to disturb the quiet, peace,
rest, enjoyment, comfort or convenience of any person or persons
in the neighbourhood or in the vicinity.
General Noise
12.
No person shall make or cause, or permit to be made or caused, in or on a
highway or elsewhere in the Town, any noise or sound which disturbs or
tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience
of any person or persons in the neighbourhood or in the vicinity.
13.
No owner or occupier of real property shall cause, permit or allow that
property to be used, so that a noise or sound which originates from that
property disturbs or tends to disturb the quiet, peace, rest, enjoyment,
comfort or convenience of any person or persons in the neighbourhood or
in the vicinity.
Production or Amplification of Sound
14.
Without limiting the generality of sections 12 and 13, no person shall
operate or play any musical instrument, radio, stereophonic equipment, or
other device for the production or amplification of sound, or permit such
devices to be operated or played, in the Town in such a manner as to
disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any
person or persons in the neighbourhood or in the vicinity.
15.
Without limiting the generality of sections 12 and 13, no owner or occupier
of real property shall cause, permit or allow that property to be used by a
person or persons operating or playing any musical instrument, radio,
stereophonic equipment, or other device for the production or amplification
of sound in such a manner as to disturb the quiet, peace, rest, enjoyment,
comfort, or convenience of any person or persons in the neighbourhood or
in the vicinity.
Construction Noise
16.
Without limiting the generality of sections 12 and 13, no person shall, on
any day before 07:00 hours or after 20:00 hours, construct, reconstruct,
relocate, remove, erect, alter, repair, dismantle or demolish any building,
Bylaw 1652 - Comox Public Nuisance and Property Maintenance Bylaw
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structure or thing, or excavate or fill in land in any manner which causes
noise or sounds in or on a highway or elsewhere in the Town, which
disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or
convenience of any person or persons in the neighbourhood or in the
vicinity.
17.
Without limiting the generality of sections 12 and 13, no owner or occupier
of real property shall, on any day before 07:00 hours or after 20:00 hours,
cause, permit or allow a person to construct, reconstruct, relocate,
remove, erect, alter, repair, dismantle or demolish any building, structure
or thing, or excavate or fill in land in any manner which causes noise or
sounds in or on a highway or elsewhere in the Town, which disturbs or
tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience
of any person or persons in the neighbourhood or in the vicinity.
Exemptions
18.
Notwithstanding anything contained herein, this bylaw does not apply to:
(a)
a vehicle of the police, fire department, ambulance or other public
service or emergency vehicle while engaged in a service of the
public convenience or necessity;
(b)
the sounding of a horn or other signalling device upon any vehicle,
boat or train where such sounding is properly and necessarily used
as a danger or warning signal;
(c)
emergency repairs to buildings or structures which cannot
reasonably be delayed to be carried out on any day before 07:00
hours or after 20:00 hours;
(d)
the use of bells or chimes by places of worship;
(e)
the use of carillons, where such carillons have been lawfully
erected;
(f)
a garbage collection service between the hours of 07:00 and 20:00
on any day of the week, except Sundays;
(g)
a parade, procession, performance, concert, ceremony, event,
gathering or meeting in or on a public place, if it is permitted under
a bylaw or statute;
(h)
snow clearing; or
Bylaw 1652 - Comox Public Nuisance and Property Maintenance Bylaw
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(i)
excavation, filling, construction, reconstruction, alteration or repair
carried out by the Town or its agents.
PART FOUR: ENFORCEMENT
Removal Orders
19.
A Bylaw Enforcement Officer may, by notice in writing sent by registered
mail or posted on the property, order the owner or occupier of real
property, at his expense and within fourteen (14) days of the mailing or
posting of the Order, to remove any:
(a)
accumulations of refuse, garbage, or other noxious, offensive, or
unwholesome material;
(b)
accumulations of water;
(c)
unsanitary conditions;
(d)
trees and other growths that create a safety hazard;
(e)
graffiti;
(f)
unsightly conditions.
20.
Upon any failure by the owner or occupier of real property to comply with
an Order under section 19 of this bylaw, and after the owner or occupier of
the property having been offered, and where requested been given, an
opportunity to be heard by Council in respect of such failure, the Town
may, by its own forces or those of a contractor, enter on the property and
carry out the work described in the Order at the expense of the owner or
occupier and, whether the Order was directed at the owner or the
occupier, recover the costs either as a debt against the person in default
or in the same manner and with the same remedies as property taxes.
Offence and Penalties
21.
Any person who contravenes any provision of this bylaw is guilty of an
offence and is liable upon summary conviction to a minimum fine of
$200.00 and a maximum fine not exceeding $10,000.00 and the cost of
prosecution.
22.
Every day during which there is an infraction of this bylaw shall constitute
a separate offence.
Bylaw 1652 - Comox Public Nuisance and Property Maintenance Bylaw
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23.
This bylaw may be enforced by means of a ticket in the form prescribed
for the purpose of s. 264 of the Community Charter.
24.
Bylaw enforcement officers and members of the Royal Canadian Mounted
Police are designated to enforce this bylaw pursuant to s. 264(1)(b) of the
Community Charter.
25.
Authorization is hereby delegated to the Bylaw Enforcement Officer,
Corporate Officer or Deputy Corporate Administrator to refer tickets issued
with respect to this bylaw to the Provincial Court for hearing pursuant to
section 269(1) of the Community Charter.
26.
The words or expressions set forth in Column 1 of Schedule "A" of this
bylaw are authorized pursuant to s. 264(1)(c) of the Community Charter to
designate the offence committed under the bylaw section number
appearing in Column 2 opposite the respective words or expressions.
27.
The amounts appearing in Column 3 of Schedule "A" of this bylaw are the
fines established by Council pursuant to s. 265(1)(a) of the Community
Charter for the corresponding offence designated in Column 1.
No Interference
28.
No person shall obstruct or interfere with an officer or employee of the
Town in the performance of his or her duties under this bylaw.
PART FIVE: MISCELLANEOUS PROVISIONS
Severability
29.
If any portion of this bylaw is held to be invalid by a court of competent
jurisdiction, such invalidity shall not affect the validity of the remaining
portions of this bylaw.
Repeal of Existing Bylaw
30.
The following bylaws and all amendments to them are hereby repealed
and replaced with this bylaw:
(a)
Comox Untidy and Unsightly Premises Bylaw, 2000; and
(b)
Comox Noise Control Bylaw, 1982.
Bylaw 1652 - Comox Public Nuisance and Property Maintenance Bylaw
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READ A FIRST TIME this
7th
day of April , 2010.
READ A SECOND TIME this
7th
day of April , 2010.
READ A THIRD TIME this
7th
day of April , 2010.
ADOPTED this
21st
day of April , 2010.
"Paul Ives"
MAYOR
"Richard Kanigan"
CORPORATE OFFICER
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SCHEDULE "A"
MUNICIPAL TICKET INFORMATION DESIGNATIONS
Offence
Bylaw Section No.
Fine
Accumulation of Refuse
3(a)
$200.00
Accumulation of Water
3(b)
$200.00
Unsanitary Conditions
3(c)
$200.00
Unsafe Growth
3(d)
$200.00
Graffiti
3(e)
$500.00
Unsightly Conditions
3(f)
$200.00
Unlawful Accumulation of
Refuse
4(a)
$200.00
Unlawful Accumulation of
Water
4(b)
$200.00
Unlawful Unsanitary
Conditions
4(c)
$200.00
Unlawful Unsafe Growth
4(d)
$200.00
Unlawful Graffiti
4(e)
$500.00
Unlawful Unsightly
Conditions
4(f)
$200.00
Failure to Remove
Refuse on
Sidewalk/Boulevard
5(a)
$200.00
Failure to Mow Grass
5(b)
$200.00
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Failure to Trim
Landscaping - Vision
Obstruction
5(c)(i)
$200.00
Failure to Trim
Landscaping -
Overhanging
5(c)(ii)
$200.00
Failure to Trim
Landscaping -
Encroaching
5(c)(iii)
$200.00
Unlawful Littering
6
$200.00
Unlawful Placement of
Graffiti
7
$500.00
Unlawful Numbering
8
$200.00
Unlawful Fencing
9
$200.00
Unlawful Nuisance
10
$200.00
Unlawful Vibration
11(a)
$200.00
Unlawful Odour
11(b)
$200.00
Unlawful Illumination
11(c)
$200.00
Unlawful Dust
11(d)
$200.00
Unlawfully Making,
Causing or Permitting
Any Other Matter
11(e)
$200.00
Unlawful Noise by Person
12
$200.00
Unlawful Noise by
Owner/Occupier
13
$200.00
Unlawful Noise by Person
using a Device
14
$200.00
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Unlawful Noise by
Owner/Occupier using a
Device
15
$200.00
Unlawful Construction
Noise by Person
16
$200.00
Unlawful Construction
Noise by Owner/Occupier
17
$200.00
Failure to Comply with
Refuse Removal Order
19(a)
$200.00
Failure to Comply with
Water Removal Order
19(b)
$200.00
Failure to Comply with
Unsanitary Conditions
Removal Order
19(c)
$200.00
Failure to Comply with
Unsafe Growth Removal
Order
19(d)
$200.00
Failure to Comply with
Graffiti Removal Order
19(e)
$500.00
Failure to Comply with
Unsightly Conditions
Removal Order
19(f)
$200.00
Interference with
Enforcement
28
$200.00