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TOWN OF GOLDEN
BYLAW NUMBER 1287, 2011
PROPERTY MAINTENANCE
Being a bylaw to ensure the good maintenance of property within the Town of Golden.
The Council of the Town of Golden, in open meeting assembled, HEREBY ENACTS AS
FOLLOWS:
1.
CITATION
This bylaw may be cited for all purposes as "Property Maintenance Bylaw No.1287, 2011".
2.
APPLICATIONS AND INTERPRETATION
(1) This Bylaw applies to all activities and properties within the Town except in relation to farm
business in areas where farm use is allowed, and farm operations are carried out in
accordance with normal farm practices within the meaning of the Farm Practt'ces Protection
(Right to Farm) Act.
(2) In this bylaw:
"Bylaw Enforcement Officer"
means a person employed or contracted by the Town to administer
and enforce this Bylaw;
"Council"
means the Council for the Town;
"derelict vehicle"
means any unlt'censed vehicle that is not capable of being moved by its
own motive power and that is dilapt'dated;
"dilapidated"
means means a state of disrepair or ruin apparently resulting from
disuse or neglect;
"graffiti"
includes scratched, sprayed, painted or scribbled messages or images
on a wall, fence or other surface that is visible from a sidewalk, street,
lane or other highway, or a park or other public place, but does not
include a sign:
"noxious weeds"
"order"
"owner"
(a) for which a permit has been issued by the Town; or
(b) that is authorized by the owner of a parcel on which it appears;
relates to or identifies a use on that parcel;
and complies with
applicable bylaws and other enactments;
means the plants listed in Schedule A of this Bylaw;
a notice delivered by a Bylaw Enforcement Officer for the purpose of
directing actions or measures to achieve compliance with this Bylaw;
has the same meaning as in the Community Charter, and in relation to
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"rubbish"
Town of Golden Bylaw No. 1287, 2011
Property Maintenance
common property of a strata corporation, includes the strata
corporation;
means any one or more of the following:
(a) garbage, debris or waste produced or resulting from human
activity;
(b) discarded or unused materials, substances or objects;
(c) foul or putrid matter or other filth;
(d) noxious, offensive or unwholesome substances and materials;
( e) damaged, or unused wire or vehicle tires or parts;
(t) rusted, or inoperative appliances, machinery, metal or parts
thereof;
(g) yard waste, tree trimmings;
(h) waste from construction or demolition;
"Town"
means the Town of Golden;
"unlicensed vehicle"
means a vehicle for which evidence of current insurance to drive the
vehicle has not been produced on the request of a Bylaw Enforcement
Officer;
"unsightly" or "declared
in relation to real or personal property, includes property that is
nuisance"
cluttered, dilapidated, disorganized, unclean, or in [such] a state of
apparent neglect or disrepair as to unreasonably cause irritation or
inconvenience to residents or business operators in the vicinity or to
members of the public; and
"vehicle"
means a motor vehicle as defined in the Motor Vehicle Act.
(3) Unless otherwise provided in this Bylaw, words and phrases used herein have the same
meanings as in the Community Charter, Local Government Act, Motor Vehicle Act, Farm Practices
Protection (Right to Farm) Act, or Interpretation Act as the context and circumstances may
require. A reference to a statute in this Bylaw refers to a statute of the Province of British
Columbia unless otherwise indicated, and a reference to any statute, regulation, bylaw or
other enactment refers to that enactment as it may be amended or replaced from time to
time. In the event of a conflict between this Bylaw and a Provincial enactment, the stricter
law prevails. Words in the singular include the plural and words in the plural include the
singular, and reference to a gender includes both genders and a corporation. Headings in this
Bylaw are for convenience only and must not be construed as defining or limiting its scope or
intent. If any part of this Bylaw is held to be invalid by a court of competent jurisdiction, the
invalid part is severed and the remainder continues to be valid.
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3.
REGULATIONS
Town of Golden Bylaw No. 1287, 2011
Property Maintenance
(1)
A person must not place graffiti, or cause, suffer or allow graffiti to be placed, or to remain, on
any building, wall, fence, sign, or other structure or thing on or adjacent to a road, sidewalk,
parking lot, park or other public place, whether or not the property is privately owned.
(2)
A person must not:
a) throw, deposit, leave, place rubbish, or any item or material that may be recycled under
the Town of Golden Residential Recycling Collection Program or
b) abandon a vehicle, household appliance or furniture, or any parts thereof,
in or on any highways, sidewalk, ditch, parking lot, waterway, park or other public place, or
on or in any open place on private property, except in a receptacle, facility or within a site
intended or designated by the Town or a government body for that purpose, and in
accordance with any applicable bylaw or other enactment.
(3)
A person must not cause, permit, suffer or allow rubbish to overflow from or accumulate
around any container.
( 4)
An owner or occupant of any land, property or premises:
a) must not cause, permit, suffer or allow the land, property or premises to become or
remain unsightly;
b) without limiting paragraph (a), must not cause or permit, suffer or allow any of the
following to accumulate or to remain on or around the land, property or premises,
other than stored neatly and safely within a facility, building or structure that is
permitted under the current Town of Golden Zoning Bylaw as it may be amended or
replaced from time to time:
1.
rubbish, other than in accordance with a bylaw of the Town or regional district, or
an enactment of British Columbia or Canada;
u. broken or dilapidated furniture or bedding or inoperable appliances and parts
thereof;
111. vehicle parts or equipment;
1v. unused wood or wood products, other than seasoned or untreated wood or
manufactured products cut in lengths for use as a fuel in a solid fuel burning
appliance;
v. construction materials or equipment, where no apparent or actual construction
activity for which those items are required has been initiated, is pending or is in
progress;
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Town of Golden Bylaw No. 1287, 2011
Property Maintenance
c) must not cause, suffer or allow standing water or noxious weeds to accumulate or
unsanitary conditions to develop or remain; and
d) other than as permitted under the current Town of Golden Zoning Bylaw as it may
be amended or replaced from time to time. and in accordance with a business licence
issued by the Town, must not cause or allow to accumulate or remain on or around a
parcel or premises:
1.
more than two unlicensed vehicles, ,
11. more than one derelict vehicle,; or
iii. more than one inoperative trailer or vessel or parts thereof.
4.
REQUIREMENTS
(1)
Every person who owns or occupies real property must:
a) ensure that lawn grass is trimmed so that its height does not exceed 30 centimetres
(12 inches) during the period from April 30th to September 30th each year; and
b) on being delivered an order, remove or cause to be removed from the property:
1.
any and all unsightly conditions described in the order; and
ii. any water, noxious weeds, objects, or conditions listed in paragraph (b) of subsection
3.(4) identified in the order, within a time period stated in the order, or if no time
period is stated, within 30 days following the date the order was mailed or otherwise
delivered.
5.
ENTRY AND ORDERS
(1)
A Bylaw Enforcement Officer, and other municipal officers or employees may, in
accordance with section 16 of the Community Charter, enter on any property to inspect and
determine whether the restrictions and requirements of this Bylaw are being met.
(2)
A Bylaw Enforcement Officer may, by written order, identify a condition on real property,
premises, a building, structure or personal property that appears to be in violation of this
Bylaw, and may direct the owner, occupier or other person having an interest or right in the
property to bring the property into compliance. An order under this section may specify
steps that must be taken and a time frame, and may address any conditions or circumstances
particular to the property and the person to whom the order is directed for the purpose of
achieving compliance with this Bylaw.
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Town of Golden Bylaw No. 1287, 2011
Property Maintenance
(3)
An order made under this Bylaw is sufficiently delivered when a copy of the order is:
a) mailed to the owner of the property by registered mail;
b) personally delivered to the owner of the property or to an occupant who appears to
be 19 years of age or older;
c) in the case of a corporate owner or occupier, by delivering it personally or by mail to its
registered office or business premises, or
d) posted on the property that is the subject of the order by a Bylaw Enforcement Officer if
the owner or occupant cannot be located or appears to refuse delivery.
6.
REVIEW BY COUNCIL
(1)
A person who has been delivered an order under this Bylaw may, by giving notice in writing
to the corporate officer for the Town at least five (5) business days prior to the time of expiry
of the time period set out in the order, seek review by Council at a time to be arranged by the
corporate officer but in any case, within a time period not exceeding two (2) months from the
date the order was delivered.
(2)
On reviewing a matter pursuant to subsection 6.(1), Council may confirm, modify, add to or
rescind an order of the Bylaw Enforcement Officer.
7.
REMEDIATION AND COST RECOVERY THROUGH FEES
(1)
Every person with a right or interest in real or personal property that is the subject of an
order by a Bylaw Enforcement officer or direction of Council must comply fully with that
order or direction.
(2)
If a person subject to an order or a direction of Council under this Bylaw fails to take any
and all required actions within the applicable time period, the Town may, by its own
employees, servants or contractors, enter on the property and fulfill the requirements at the
expense of the person subject to the order or direction. The Town may recover the costs
incurred by it from that person as a debt which shall include all costs relating to the
remediation including an administrative charge of $100 for every ten days following the
expiration of an Order issued under s. 5.(2) until completion of all remedial works.
(3)
If costs incurred by the Town for work done or services provided under this Bylaw are not
paid in full on or before December 31st of the year in which the work was done or services
provided, the amount owing may be collected in the same manner as for property taxes.
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Town of Golden Bylaw No. 1287, 2011
Property Mat'ntenance
8.
ENFORCEMENT, OFFENCE AND PENALTY
(1)
This Bylaw may be enforced by a Bylaw Enforcement Officer, who may be assisted by other
employees of the Town or a peace officer as considered necessary in the circumstances.
(2)
If it appears to a Bylaw Enforcement Officer that a vehicle is not capable of being moved on
its own motive power, or that is an unlt'censed veht'cle, he or she may request that an owner or
occupant:
a) show that the vehicle is capable of being moved on its own motive power, and
b) provide documented evidence of the vehicle being currently insured for the purpose of
driving it,
and on receiving a request under this section, the owner or occupant must promptly comply.
(3)
A person must not interfere with, resist or willfully obstruct any person authorized to carry
out an inspection or other function or proceeding pursuant to this Bylaw.
(4)
A person who
a) contravenes, violates or fails to comply with any provision of this Bylaw;
b) fails or neglects to do anything required to be done under this Bylaw; or
c) suffers or allows any action or thing to be done in contravention of this Bylaw or any
order or direction made under this Bylaw commits an offence, and where the offence is
a continuing one, each day that the offence is continued constitutes a separate offence.
(5)
On being convicted of an offence under this Bylaw, a person is liable to pay a fine of up to
Ten Thousand Dollars ($10,000) if proceedings are brought under the Offence Act.
(6)
Proceedings brought under the Offence Act do not limit any other remedies at law that are
available to the Town under the Communt'ty Charter or Local Government Act.
9.
SCHEDULE
(1)
Schedule A is attached to and forms part of this Bylaw.
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10.
REPEAL
Town of Golden Bylaw No. 1287, 2011
Property Maintenance
Town of Golden Unsightly Premises Bylaw Number 902, 1993, and all amendments thereto is
hereby repealed in its entirety.
READ A FIRST TIME THIS
2No
DAYOF
AUGUST
READ A SECOND TIME THIS
2ND
DAYOF
AUGUST
READ A THIRD TIME THIS
6rn
DAYOF
SEPTEMBER
ADOPTED THIS
20rn
DAY OF
SEPTEMBER
, 2011, BY A
'2011.
'2011.
'2011.
UNANIMOUS DECISION OF ALL MEMBERS OF TOWN COUNCIL PRESENT AND
ELIGIBLE TO VOTE.
f
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Town of Golden Bylaw No. 1287, 2011
Property Maintenance
PROPERTY MAINTENANCE BYLAW N0.1287, 2011
SCHEDULE A
The following plants are noxious weeds:
Annual Sow Thistle
(Sonchus oleraceus)
Blueweed
(Echium vulgare)
Burdock
(Arctium spp.)
Canada Thistle
(Cirsium arvense)
Common Crupina
( Crupina vulgaris)
Common Toadflax
(Linaria vulgaris)
Dalmatian Toadflax
(Linaria dalmatica)
Diffuse Knapweed
(Centaurea diffusa)
Dodder
(Cuscuta spp.)
Gorse
(Ulex europaeus)
Hoary Cress
(Cardaria spp.)
Hound's-tongue
( Cynoglossum officinale)
Jointed Goatgrass
(Aegilops cylindrica)
Leafy Spurge
(Euphorbia esula)
Meadow Knapweed
(Centaurea pratensis)
Orange Hawkweed
(Hieracium aurantiacum)
Perennial Sow Thistle
(Sonchus arvensis)
Purple Nutsedge
(Cyperus rotundus)
Rush Skeletonweed
(Chondrilla juncea)
Scentless Chamomile
(Matricaria maritima)
Spotted Knapweed
(Centaurea maculosa)
Sulphur Cinquefoil
(Potentilla recta)
Tansy Ragwort
(Senecio jacobaea)
Velvetleaf
(Abutilon theophrasti)
Wild Oats
(Avena fatua)
Yellow Nutsedge
( Cyperus esculentus)
Yellow Starthistle
( Centaurea solstitialis)
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