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CORPORATIONOF THE CITYOF FERNIE
COMMUNITYSTANDARDSBYLAW2456, 2022
A Bylaw to establish Community Standards on Privately owned Prope/ties
WHEREASthe Community Charter [SBC 2003] provides that a Council may, by bylaw
(i)
prohibit persons from causing or permitting refuse, garbage or other material
that is noxious, offensive or unwholesome to collect or accumulate on or around
Premises;
(ii)
regulate the accumulation of water on property;
(iii)
prevent unsanitary conditions on property;
(iv)
regulate trees, weeds or other growths that councilconsiders should be
removed, cut
down or trimmed;
(v)
prohibitor regulate graffiti and unsightly conditions on property
The Council of the Corporation of the City of Fernie, in an open meeting, therefore, enacts as
follows:
1. TITLE
1.
This Bylaw may be cited as the "Community Standards Bylaw 2456, 2022"
2. DEFINITIONS
1.
In this Bylaw:
"Boulevard"means the area; other than the sidewalk between the curb lines, the lateral lines
or the shoulder of a roadway and the adjacent property.
"Council"means the Council of the Corporation of the City of Fernie
"City"means the Corporation of the City of Fernie or its geographic boundaries.
"Derelict Vehicle" means a motor vehicle not stored in a garage or other completely
enclosed structure.
a)
Is not capable of being moved under its own power or
b)
Is reduced to parts, frames,
or bodies of a motor vehicle or
c)
is without a valid license plate and subsisting insurance for the current year
"Dilapidated"means in a state of disrepair or ruin as a result of age, neglect or disuse.
Graffiti"means any drawing, printing, or writing that is scratched, sprayed, painted or written
on a wall or other exterior or outdoor surface that is visible from adjacent Land or Highways,
but does not include a sign, painting, mural or structure for which a permit or permission has
been issued by the City.
"Grasses" means any plant of the family Gramineae,
having jointed stems,
sheathing
leaves,
and seedlike grains.
"Highway"means a street, road, lane, bridge, viaduct, and any other way open to public use,
and includes a roadway, boulevardand sidewalk.
"Land"means any lot, blockor other area in which land is held or into which it is subdivided
including any right, title, or estate in it of any tenure with all Structures,
unless there are
words to exclude Structures,
or to restrict the meaning.
"Occupier" means a tenant, licensee or other person who occupies or is in physical
possession of a premise or premises or who has control over who is allowedto enter a
premise or premises
"Overgrown"means, with regard to grasses, grasses that are more than 20 cm in height
"Owner"means in respect of a premise or premises:
a)
The person registered as the owner in fee simple of the land or improvement or
b)
in the case of the absence or incapacity of the person registered as the owner of
the land or improvement, a trustee,
an executor, a guardian, an agent, a
mortgagee in possession,
or other person having the care and control of the
Land or Structure
"C)?wr3_er_'sa_cl<lre:ss"
means either of the following"
a) The address
given for the owner on the certificate of title for the premise or
premises
b) The most recent contact address
provided by the owner to the City
"Person" includes a corporation, partnership, or party and the personal or other legal
representatives of a person to whom the context can apply according to law
"Premise" or "Premises" means an area of Land with or without Structures
"Refuse" includes but not limited to:
a)
Liquid and solid waste, discarded and disused materials, rubbish and litter;
b)
Refrigerators, washing machines, televisions, dryers, and other household
appliances and their parts;
c)
Combustibles such as paper, cardboard, fabric, and plastic;
d)
Indoor furniture, household goods, and indoor carpets;
e) Construction waste;
f)
Unlicensed, unused, or stripped vehicles, trailers, boats, vessels, machinery,
mechanical parts and metal parts;
g) Grass cuttings, shrubbery,
tree pruning, unmarketable food and garden waste;
h) Any of the above stored in garbage bags
located outside of a Structure.
"Structure" means anything constructed or erected, the use of which requires location on or
under the ground or water or attached to something having location on or under the ground
or water, but does not include walls, fences or other similar matters that do not create or
establish any form of enclosed area.
"Unsightly"means Properties that display any one or more of the following characteristics to
such an extent that as a whole it appears unkempt, unmaintained, dilapidated, or in disrepair
including but not limitedto, on any portion of Land outside a structure, or not otherwise
screened from public view:
a)
The accumulationof Refuse,
machinery, equipment, derelict vehicle(s), or
automotive parts:
b)
Fencing materials that are broken, rotting, contain holes or cracks, or rusted, or
paint has substantially peeled;
c)
Trees or shrubs that are dead;
d) A Structure that contains holes, breaks, rot, or surfaces that are crumbling or
cracking, or substantially rusted or the paint has substantially peeled; or
e)
windows in a Structure that are broken;
f)
Construction materials or Construction waste, unless the Owner or Occupier is
holding a valid building permit for the Property or is a Premise or Premises
containing a Licensed Business that principally sells building materials.
"Weed"
means a noxious weed as defined by the Weed Control Regulation B.C. Reg.
143/2011 enacted pursuant to the Weed ControIAct, RSBC 1996, c. 487 as may be
amended from time to time.
3. PROHIBITIONS
1.
3.
No person shall plant, place or leave any one of the following or combination thereof on
a highway, park, public space or outside or on any Public Land within the City:
a)
b)
c)
Refuse,
unless placed in an appropriate receptacle;
Derelict vehicle(s);
Weeds.
No Owner or Occupier of a premise or premises shall cause, contain, or allow the
following or combinationthereof on Land
a)
b)
c)
d)
9)
I')
to become or remain Unsightly;
accumulationof Weeds, or overgrown grasses;
Refuse;
Chattels displayed for sale outside of a Structure exceeding 14 days ifthe Land is
zoning Residential pursuant to Zoning Bylaw 1750 as amended from time to time;
Graffiti;
Derelictvehicle(s).
No person shall obstruct a Bylaw Officer in the performance of his duties
4. EXCEPTIONS
1.
The following exceptions apply to this Bylaw:
a)
Section 3 Paragraph (1)(a) shall not apply to yard or garden waste, grass clippings,
tree and hedge cuttings during those dates and times designated by the City for
Spring C|ean--up
b)
Section 3 Paragraph (2)(d) does not apply to a garage sale ifthe garage sale has a
duration of no more than 2 days, and occurs a maximum of 2 times per calendar
month
c)
Section 3 Paragraph (2)(f) does not apply to a premise or premises containing a
licensed salvage yard or automobile dealership
5.
RIGHT OF ENTRY
1.
Subject to the provisions of Section 16 of the Community Charter,
a Bylaw Officer may
enter into or upon any premise or premises within the City for the following purposes:
a)
To inspect and determine whether all regulations, prohibitions,and requirements
imposed under or pursuant to this Bylaw are being met;
b)
To take action on default of a Remedial Action Order under this Bylaw.
6. REMEDIALACTIONREQUIREMENT(ORDER)
1.
if a Bylaw Officer determines that the regulations, prohibitions,or requirements ofthis
Bylaw are not being met with respect to Land or Premises, the Bylaw Officer may, by
written notice, advise the owner or occupier of the Land or Premises of the
contraventionand request compliance with this Bylaw be achieved withinthe time
period stated on such notice.
If after receiving a written notice from a Bylaw Officer under Section 6.1 of this Bylaw,
the owner or occupier fails to remedy in whole or in part a contravention occurring on
the Land or Premises,
the Bylaw Officer may request that Council impose a Remedial
Action Requirement pursuant to Ss. 72, 73 or 74 of the Community Charter, S.B.C.
2003, C. 26.
Notice to affected persons of a Remedial Action Requirement shall be in accordance
with S5. 77 of Community Charter,
S.B.C. 2003, as amended from time to time.
7. RECONSIDERATION (APPEAL)
1.
Reconsideration of a Remedial Action Requirement
shall be in accordance with S5. 78
of Community Charter, S.B.C. 2003, as amended from time to time.
8.
NON-COMPLIANCE
1.
Ifthe Owner or Occupier falls to comply with a Remedial Action Requirement, in whole
or in part, the City, may, by its employees, contractors, and agents, enter onto the
premise or premises, and take action in accordance with Section 17 of the Community
Charter, and fulfillthe requirements of the Remedial Action Requirement, including the
cost of such actions. Ifsuch costs remain unpaid by December 31 of the year inwhich
they are owing, the costs may be recovered as taxes in arrears in accordance with
Division 14 of the Community Charter.
Ifthe City's action on default includes the removal of one or more items from the
premise or premises, given the nature, condition, and market value of each item may
sell the item or thing in accordance with S. 80 of the Community Charter, S.B.C. 2003
or otherwise dispose of the item or thing in a commercially reasonable
manner.
9. OFFENCES AND PENALTIES
1.
Any person who contravenes,
violates, or fails to comply with any provision of this
Bylaw, or who suffers or permits an act or thing to be done in contravention or violation
of this Bylaw, or fails to do anything required by this Bylaw, commits an offence, and
shall be liable upon conviction:
a)
to a fine of not more than Ten Thousand ($10,000.00)
dollars or
b)
a fine imposed under the Municipal Ticket Information Bylaw as amended from time
to time
In addition to any fine imposed, City may seek reimbursement for the cost of any
prosecution, and seek any other penalty or order be imposed pursuant to the
Community Charter or Offence Act as amended from time to time.
Ifan offence continues for more than one day, each day that the offence continues
constitutes a separate
and distinct offence.
Nothing in this Bylaw limitsthe City from utilizing any other remedy that is otherwise
available to the City by law.
10. ENFORCEMENT
1.
The City designates this Bylaw as a Bylaw that may be enforced by Bylaw Enforcement
Officers, the Chief Administrative Officer, or their delegates, and R.C.M.P. Officers by
means of a ticket in the form prescribed for that purpose by the Community Charter.
Any person designated as a Bylaw Enforcement Officer pursuant to the Municipal Ticket
Information Bylaw as amended from time to time is hereby authorized and empowered
to enforce the provisions of this Bylaw.
11. SEVERABILITY
1.
Ifany part, section, sentence,
clause, phrase, or word ofthis Bylaw is for any reason
held to be invalid by the decision of any Court of competentjurisdiction, the invalid
portion shall be severed and the decision that it is invalid shall not affect the validity of
the remainder which shall continue in fullforce and effect and be construed as ifthe
Bylaw had been adopted without the invalid portion.
12. REPEAL
1.
Read for the first time this
Read for the second time this
Read for the third time this
Adopted this
Mayor
The "Unsightly Property Prevention Bylaw No. 1587 Consolidated Version" is hereby
repeated
14"'day of February, 2022
14"'day of February, 2022
14"'day of March, 2022
28$"
day of
2022
CorporateAd inistrativeOfficer