Property Maintenance and Standards Bylaw (2022 consolidation) No. 7242 — full text

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"PROPERTY MAINTENANCE AND STANDARDS BYLAW" Consolidated Version 2022-NOV-21 Includes Amendments: 7242.01, 7242.02 Bylaw No. 7242 - Consolidated Version Page 2 CITY OF NANAIMO BYLAW NO. 7242 A BYLAW TO AUTHORIZE PROPERTY MAINTENANCE AND STANDARDS WHEREAS, pursuant to the Community Charter, the City is authorized to regulate refuse, garbage or other material that is noxious, offensive or unwholesome; graffiti and unsightly conditions on property; the accumulation of water on property; growths that should be removed, cut down or trimmed; unsanitary conditions on property; and WHEREAS, pursuant to the Community Charter, Council is authorized to prohibit persons from doing things on their property; and WHEREAS, pursuant to the Community Charter, Council is authorized to regulate for the protection and enhancement of the wellbeing of its community in relation to matters referred to in Section 64 (nuisances, disturbances and other objectionable situations); and WHEREAS, pursuant to the Community Charter, Council is authorized to delegate its powers, duties and functions established in this enactment to an officer or employee of the municipality and that Council may hear an appeal or reconsider an action, decision or other matter. 1. Title This Bylaw may be cited as "PROPERTY MAINTENANCE AND STANDARDS BYLAW 2017 NO. 7242". 2. Definitions Accumulation means: a mass, pile, heap, stack, collection, stock, store, stockpile, reserve, hoard of quantify of something that has been gathered or acquired. Agent means: an authorized agent for an owner. Appeal(ed) means: reconsideration of a decision. Bylaw Enforcement Officer means: Any person employed by the City of Nanaimo as a Bylaw Enforcement Officer. (Bylaw No. 7242.02) City means: the City of Nanaimo City Engineer means: the Director or Manager of the Engineering and Environment Division of the City or the Director or Manager of Engineering and Public Works or their designate. Bylaw No. 7242 - Consolidated Version Page 3 Collect means: gather together, assemble, acquire, store Community Charter means: Community Charter SBC 2003, c 26 and amendments from time to time Container means: a dumpster, garbage can, garbage bin, or other receptacle designed, intended or used to hold rubbish, discarded materials, waste products and matters or debris Council means: the Council of the City of Nanaimo Derelict means: run down, unused, decaying, dismantled, dilapidated, inoperable, in poor condition, neglected Filth means: putrid or foul matter Graffiti means: Letters, symbols or markings made on any structure, building, thing or property without the prior written authorization of the property owner OR the City of Nanaimo. Manager, Bylaw Services means: the person designated as the Manager, Bylaw Services to administer the enforcement of Bylaw regulations. Noxious Weeds means: noxious or invasive species which, for the purposes of this bylaw, are limited to Himalayan blackberries, English ivy, Canada thistle, giant hogweed, knotweed, Scotch broom. Nuisance means: an inconvenience, problem, burden, interference or destructive and harmful to lands. Occupier means: a person residing on or in property, the person entitled to possession of property, the leaseholder Person means: an individual, person, owner, association, corporation, firm, political body, co-partnership or similar organization and their heirs, executors, successors and assigns or other legal representative, whether acting alone or by servant, agent or employee Property Owner/Owner means: a person registered in the records of the Land Title Office as the fee simple owner of a parcel including: a) a registered owner of an estate in fee simple; b) the tenant for life under a registered life estate; c) the last registered holder of the last registered agreement for sale; and d) an authorized agent for the owner Real Property/Property means: all property including, but not limited to, front yards, side yards, back yards, driveways, walkways, and any buildings or structures located on such property Rubbish means: filth, rubbish, discarded materials, noxious, offensive or unwholesome matter including, but not limited to: - decaying or non-decaying solid or semi-solid wastes, food wastes, market wastes; - combustibles such as paper, cardboard, yard trimmings and brush, logs, stumps, wood waste; - non-combustibles such as metal cans and metal materials, plastics, leathers, glass containers, glass, crockery, glass Bylaw No. 7242 - Consolidated Version Page 4 materials, dirt, ashes from fireplaces and on-site incinerators, street sweepings; - bulky wastes such as furniture, household items and materials, appliances, tires, derelict or dismantled bicycles and parts, vehicle parts, derelict lawn equipment, construction and demolition waste, trade waste; - derelict, dismantled, unused, dilapidated, inoperable vehicles, derelict recreational vehicles, campers, utility trailers, boat trailers, transport trailers, derelict boats, derelict vessels, derelict machinery, derelict mechanical and metal parts Temporary Shelter means: a structure, improvement, shield or cover that protects people or things and includes a tent, lean-to or other shelter made of cardboard, tarpaulin, plastics, metal, logs, brush, branches, or other materials or things Vehicle means: any vehicle as defined in the Motor Vehicle Act and shall include, but not be limited to, snowmobiles, dirt bikes, and all-terrain vehicles 3. Authority to Enter Bylaw Enforcement Officers are hereby authorized to enter at all reasonable times and in a reasonable manner upon any property within the city for the purposes of determining if all regulations, prohibitions and requirements of this bylaw are met. 4. Regulations No person, owner or occupier of real property or their agents shall: 1. cause or permit rubbish to collect or accumulate on or around lands or buildings owned or occupied by them. 2. cause or permit water to accumulate on or around lands or buildings owned or occupied by them. 3. cause or permit rubbish to overflow from or accumulate around any container. 4. where a building permit has been issued, cause or permit demolition waste, construction waste or trade waste to accumulate on or around the property. 5. cause or permit graffiti to accumulate or remain on any fence, surface, or structure which is visible from an adjacent property or public place. 6. interfere with or obstruct a Bylaw Enforcement Officer in the exercise or his/her duties. 5. Noxious Weeds and Other Growths Every owner or occupier of real property or their agents shall: 1. remove from the entire property all noxious weeds and all brush or overgrowth which becomes a nuisance. Bylaw No. 7242 - Consolidated Version Page 5 6. Destructive Insects Every owner or occupier of real property or their agents shall: 1. remove from the entire property infestations of tent caterpillars and fall web worm. 7. Temporary Shelter No person, owner or occupier of real property or their agents shall: 1. cause, allow or permit any person or persons to erect or occupy a temporary shelter for the purposes of transitory, short-term, interim or permanent lodging for staying, sleeping, dwelling, residing, camping or overnight abode. 8. Enforcement 1. Where the Bylaw, Regulation and Security Division has received a complaint that real property is in contravention of this bylaw and the complaint has been verified, a letter may be issued directing the property owner to rectify the contravention. 2. Where, after the expiry of 21 days from the date of the letter, the property owner has failed to comply with the requirements set out in the letter and has not appealed the direction of the Manager, Bylaw Services to Council, the City or its agents may enter upon the property to affect the work required to bring the property into compliance. 3. To appeal the direction of the Manager, Bylaw Services, a property owner must, prior to the expiration of 14 days from the date of the letter directing that the contravention be rectified, give written notice of appeal to the Corporate Officer as outlined in the "Appeals Procedure Bylaw, 2022 No. 7354" as amended from time to time. (Bylaw No. 7242.02) 4. If the property owner appeals the direction of the Manager, Bylaw Services, enforcement action will not be taken until the appeal has been heard by Council and a decision given. 5. All work done and services provided by the City or its agents to bring the property into compliance will be billed to the property owner and are recoverable as a debt. If the costs are unpaid by December 31st in the same year, the costs will be added to taxes payable. 9. Violation and Penalty 1. Any Person who causes, permits or allows anything to be done in contravention or violation of this Bylaw, or who neglects or fails to do anything required to be done pursuant to this Bylaw, commits an offence against this Bylaw and is liable upon summary conviction to pay a fine of not more than $50,000, plus the costs of prosecution, and any other penalty or remedy available under the Community Charter and Offence Act. 2 This Bylaw may be enforced by bylaw notice pursuant to the Bylaw Notice Enforcement Bylaw 2012 No. 7159, as amended or replaced. 3. Each day that an offence continues or exists shall constitute a separate offence." Bylaw No. 7242 - Consolidated Version Page 6 10. Severability If any section or provision of this bylaw is held to be invalid by a court of competent jurisdiction, the invalid portion shall be severed and the validity of the remainder of the bylaw shall not be affected. 11. Repeal The "Property Maintenance Bylaw 1990 No 3704" is hereby repealed.