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SUMMARY:
The Property Maintenance Bylaw is a bylaw to regulate and control unsightly premises and to
establish regulations for the general improvement and maintenance of the City of Nelson.
This bylaw also outlines the license and impoundment fees.
This Bylaw is a "consolidated" version and includes amendments up to the date listed in the
bylaw heading. It is placed on the Internet for convenience only, is not the official or legal
version, and should not be used in place of certified copies which can be obtained though the
Administration office at City Hall. Plans pictures, other graphics or text in the legal version
may be missing or altered in this electronic version.
Page 2
THE CORPORATION OF THE CITY OF
NELSON BYLAW NO. 2375, 1990
REVISED: November 4, 2013
A BYLAW TO REGULATE AND CONTROL UNSIGHTLY PREMISES AND TO
ESTABLISH REGULATIONS FOR THE GENERAL IMPROVEMENT AND
MAINTENANCE OF THE CITY OF NELSON
The Council of The Corporation of the City of Nelson in open meeting assembled
enacts as follows:
Definitions
1.
"Graffiti"
means writing or pictures scratched, painted or drawn by any
means on a wall, fence, building, structures of any kind,
sidewalk or road but does not include public art murals that may
be approved by resolution of Council from time to time or a sign
for which a permit has been issued by the City. (Amended by
Bylaw 3263, 2013)
"Bylaw Enforcement means persons acting as any of the following are
Officer"
designated for the purposes of this Bylaw and the Local
Government Bylaw Notice Enforcement Act:
a Special constables, officers, members or constables of the
Nelson Police Department;
b) Bylaw Enforcement Officers appointed pursuant to the
Police Act and Community Charter;
c) Local Assists to the Fire Commissioner under Section 6 of
the Fire Services Act;
d) Bylaw Enforcement Officers, licensing inspectors,
building inspectors, animal control officers or other
persons acting in another capacity on behalf of a
municipality, regional City or local trust committee for the
purpose of enforcement of one or more of its Bylaws;
(Amended by Bylaw 3263, 2013)
"City"
means the Corporation of the City of Nelson; (Amended by Bylaw
3263, 2013)
"Container"
means a dumpster, garbage can, garbage bin or other
receptacle designed, intended or used to hold rubbish,
discarded materials and debris; (Amended by Bylaw 3263, 2013)
"Council"
means the duly elected Council of the City; (Amended by Bylaw
3263, 2013)
"Filth"
means foul or putrid matter; (Amended by Bylaw 3263, 2013)
"Grass"
shall include plants that are commonly known or referred to as
grass; (Amended by Bylaw 3263, 2013)
"Noxious Weed"
means any weed designated by regulation to be a noxious
weed pursuant to the Weed Control Regulation 66/85 Schedule
A and all amendments thereto; as well as Schedule "A" of the
said bylaw; (Amended by Bylaw 3263, 2013)
"Nuisance"
means anything that annoys or gives trouble or which is
offensive, irritating or a pest to any person in the City; (Amended
by Bylaw 3263, 2013)
Consolidated for Convenience to Include Bylaw No. 3232, 3263
"Offensive matter"
means physical objects which are objectionable to the public;
(Amended by Bylaw 3263, 2013)
"Rubbish"
in addition to its common dictionary meaning and without
limiting the generality of that meaning, includes decaying or
non-decaying solid and semi-solid wastes including but not
limited to both combustible and non-combustible wastes, such
as paper, trash, refuse, cardboard, waste material, cans, glass,
bedding, mattresses, crates, rags, barrels, boxes, lumber not
neatly piled, scrap iron, tin and other metal scrap paving
material, construction and demolition waste, derelict vehicles
and other vessels, tires, machinery, mechanical or metal parts,
discarded or dilapidated appliances, discarded or dilapidated
furniture, ashes from fireplaces and on-site incinerators, yard
clippings and brush, wood, dry vegetation, dirt, weeds, dead
trees and branches, stumps and piles of earth mixed with any of
the above; (Amended by Bylaw 3263, 2013)
"Unsightly"
in addition to its common dictionary meaning and regardless
of the condition of other properties in the neighbourhood,
includes property having one or more of the following
characteristics:
a. the storage, location or accumulation visible to a person
standing on a public highway or on nearby property, or in
a building or structure, situate on a public highway or
nearby property, of filth, rubbish, graffiti or any other
discarded materials.
b. the untidy storage, location or placement of building
materials on a site where construction is not taking place
except where they cannot be seen from a public highway
or from nearby property or from a building or structure
situate on a public highway or nearby property.
c. landscaping or vegetation that is dead or characterized by
uncontrolled growth or lack of maintenance or is
damaged; or
d. any other similar conditions of disrepair, dilapidation or
deterioration.
(Amended by Bylaw 3263, 2013)
"Unwholesome matter" means physical objects which are detrimental to the
physical or mental wellbeing of persons; (Amended by Bylaw 3263,
2013)
Rubbish and Litter Control
2.
No owner or occupier of real property shall cause, permit, place or suffer:
a)
water, rubbish, offensive or unwholesome matter to collect or accumulate on
the real property;
b)
rubbish to overflow from or accumulate around any container situate on the real
property;
c)
allow the real property to become or remain unsightly;
d)
the accumulation of dead landscaping, vegetation or other growths to occur or
to remain on the real property; or
e)
in respect to the real 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 real property;
f)
bottles, broken glass or other rubbish to be thrown or deposited upon any
private or public property in the City;
g)
graffiti on any wall, fence or other structure, improvement or thing located on
real property, any Highway, adjacent to a highway or any other public place;
(Amended by Bylaw 3263, 2013)
Page 4
3.
The owners or occupiers of real property situate within the City of Nelson or their agents
are hereby required to:
a)
clear or remove from such property any brush, trees or other growths which
in the opinion of the Council are deemed to be a nuisance or offensive
matter;
b)
prevent the infestation of such property by noxious weeds;
c)
cut and/or remove noxious weeds from such property to prevent blowing and
spread thereof;
d)
grass may not to exceed a height in excess of 8 inches (or 20.32 centimeters)
(Amended by Bylaw 3263, 2013)
Unsightly Premises
4.
The City of Nelson may give written notice to the owner, occupier or agent of the
owner or occupier of real property within the City of Nelson requiring such person to
remove any accumulation of water, filth, rubbish, debris, graffiti or any noxious,
offensive or unwholesome matter or substance, or any discarded material of any kind
or to clear such property of brush, trees,
noxious weeds or other growths within a period of seven (7) days, or within such other
period of time as the Council may determine.
5. Where the City of Nelson has given notice pursuant to Section 4 of this Bylaw and the
order to remove any accumulation of water, filth, rubbish, debris, graffiti or any
noxious, offensive or unwholesome matter or substance, or any discarded material of
any kind or to clear such property of brush, trees, noxious weeds or other growths has
not been complied with, the City of Nelson, by its workmen or others, at a reasonable
time and in a reasonable manner, may enter the said property with such equipment as
it may deem necessary and effect such removal and the City of Nelson shall thereafter
charge the cost thereof to the owner or occupier or their agents as the case may be,
and if these charges remain unpaid on the 31st day of December of the same year,
such charges shall be added to and form part of the taxes payable in respect of that
property as taxes in arrears.
6. Notwithstanding any of the provisions of this Bylaw, in any zone in the City of Nelson,
which such zone for the purpose of this Section shall mean and include any:
- Single and Two Family Residential Zone, R-l
- Multi-Family Residential Zone, R-2
- Core Apartment Residential Zone, R-3
- Apartment Residential Zone, R-4
- Mobile Home Park Residential Zone, R-5
- Core Commercial Zone, C-l
- Highway Commercial Zone, C-2
- Neighborhood Commercial Zone, C-3
- Light Industrial Zone, M-l
- Heavy Industrial Zone, M-2
- Rail Industrial Zone, M-3
- Institutional Zone, P-l
- Park and Open Space Zone, P-2
- Education Institutional Zone - P-3
- Any other zone that may hereinafter be established by City Council as define within
"The City of Nelson Land Use Regulation Bylaw", the following conditions may
constitute unsightly premises:
a)
The accumulation or storage of any building materials, whether new, used or
second-hand on any site, premises or property, where the owner or occupier of
such property is not in possession of a valid building permit.
b)
The storage or accumulation of any goods or merchandise which is offered, or
intended to be offered for sale.
c)
The storage, collection or accumulation of any machinery, equipment or
automobile wreck, in whole or in parts thereof, or any motor vehicle, or portion
of a motor vehicle that is not validly registered and licensed in accordance with
the Motor Vehicle Act, R.S.B.C., 1979, Chapter 288, or capable of motivation
under its own power.
d)
The accumulation of machinery, equipment, automobile or appliance parts or
accessories.
e)
The use of any property within the above mentioned Residential Zones for the
parking, storage, repair, cleaning, maintenance collection or servicing of any
machinery or equipment including but not limited to bulldozers, graders,
backhoes, payloaders, cranes, or other similar heavy construction or
manufacturing equipment.
Highway Excavation
7.
No person shall break, tear, remove, damage or make any excavation in or under any
street, alley, lane, bridge or sidewalk, by any means, for any purpose whatsoever,
without the written permission of the City of Nelson. Every person who may be granted
such permission shall be liable and responsible to replace, repair, restore, re-lay or
renew to the satisfaction of the City of Nelson such street, alley, lane, bridge or
sidewalk as soon as possible thereafter, or immediately upon the order of the City of
Nelson.
Public Protection
8.
Every person who is granted permission under Section 7 of this Bylaw, shall erect and
maintain a good and sufficient fence, railing or barricade around every excavation
made by him, in such a manner as to prevent accidents, and shall place and keep
upon such fence, railing or barricade, suitable and sufficient lights during the night and
shall take such further care and precaution as the City of Nelson may deem necessary
for the safety and protection of the public.
City Indemnity
9.
Every person who is granted permission under Section 7 of this Bylaw shall be
required to indemnify and save harmless the City of Nelson against all damages or
injuries which may occur to any persons or property, and any actions in law which may
result as a consequence of such work. Such person may be required to post with the
City Treasurer sufficient security that he will perform all the obligations imposed by this
Bylaw, before the City of Nelson may grant any such permission.
Pavement Damages
10.
No person shall break, tear, remove, injure, damage or encumber in any way, any
pavement, sidewalk, curbing, gutter or other road surface on or along any street, alley,
lane or bridge within the City of Nelson, by any means. Everyone who causes such
damage shall be liable for the damage so caused and shall be responsible for the
costs of repairing such damage, in addition to any penalty assessed for contravening
the provisions of this Bylaw.
Boulevard Construction and Maintenance
11.
a) The construction of every boulevard within the City of Nelson shall be the sole
responsibility of the City. No boulevard shall be constructed, except by the City of
Nelson, unless written permission has been obtained from the City by the owners
of the property abutting the boulevard.
b) The owner of property abutting any boulevard may maintain such boulevard in
accordance with City of Nelson standards.
Boulevard Damage
12.
a) It shall be unlawful for any person to willfully damage:
i) Any boulevard, or hedge adjacent to any street;
ii) Anything erected or maintained adjacent to any street for the purpose of lighting
the street; and any person causing such damage shall be liable for the costs of
repairing such damage in addition to any penalty assessed under this bylaw.
b) No vehicle shall be allowed on or across the grass on any boulevard except when
it is necessary to cross part of the boulevard for the purpose of delivery or removal
of furniture, household goods; or other like chattels, in which case sufficient
protection shall be placed over the boulevard in front of the building in or from
which such chattels or goods are being removed, so that damage or injury shall
not ensue to that part of the said boulevard, and the person responsible for such
transporting of goods and chattels shall be liable should the boulevard not be in
the same condition as it was before the commencement of such delivery or
removal.
Page 6
Planting and Care of Trees, Shrubs, Plants, Etc.
13.
a)
The planting and care of shrubs, plants and bushes upon any street
or boulevard within the City shall be under the control of the City of
Nelson.
b)
No person shall plant any shrub, bush or plant, or remove, cut down,
damage or injure in any way any shrub, bush or plant or part thereof that
may be planted upon any boulevard or adjacent to any street within the
City of Nelson unless they have first obtained written permission from the
City of Nelson to remove or cut down such shrub, bush or plant and every
person causing such removal, in whole or in part, damage or injury, shall
be liable for the costs of repairing same in addition to any penalty
assessed under this bylaw.
c)
Where permission is received under Section 16(b), trees, shrubs, plants or
bushes planted on any boulevard or adjacent to any street within the City of
Nelson, shall be planted at least a distance of fifteen feet from the intersection
of any street or streets and the trees, shrubs, plants or bushes next thereafter
shall be planted at a distance of fifteen feet between each succeeding tree,
shrub, plant or bush as the case may be.
Fencing
14.
a)
The City Council may, where it is deemed necessary, direct the owners of any
parcel of land abutting on any street, or any portion of street, to fence that part
of the parcel abutting the street at the owner's expense.
b)
No person shall place or erect or maintain any electric fence or any fence
wholly or partially composed of barbed wire anywhere in the City of Nelson,
except in the case of security fences eight (8) feet or higher, a maximum of
three (3) strands of barbed wire may be installed on top of such security fence.
c) The City of Nelson may remove any barbed wire fence or electric fence
found in existence at the expense of the owner and the owner shall have no
recourse with respect to any costs or damages arising there from.
Watercourse Control
15. It shall be unlawful and contrary to the provisions of this Bylaw for any person to foul,
obstruct or impede the flow of any stream, creek, waterway, watercourse,
waterworks, ditch drain or sewer, whether or not the same are situate on public or
private property.
Earth Removal
16.
a)
No person shall take up, dig or carry or haul away any of the earth, soil, rock,
sand or gravel in or from any street, sidewalk, lane, alley or from any real
property owned or under the control of the City of Nelson without the written
permission of the City of Nelson.
(b)
No person shall remove any earth, soil, rock, sand, gravel or other substance of
which land is composed from any land in the City of Nelson, without first having
obtained a valid permit from the City of Nelson, which shall state thereon the
quantity and manner in which the earth, soil, rock, sand, gravel or other
substance is to be removed, and shall also state the necessary fee payable
therefore.
(c)
No person shall deposit any earth, soil, rock, sand, gravel or other substance of
which land is composed on any land in the City of Nelson, without first having
obtained a valid permit from the City of Nelson, which shall state thereon the
quantity and manner in which the earth, soil, rock, sand, gravel or other
substance is to be deposited and shall also state the necessary fee payable
therefore.
(d)
The City Council shall, by resolution, establish the necessary fees payable
required under this Section.
(e)
No person shall remove any earth, soil, rock, sand, gravel or other substance of
which land is composed from any land in the City of Nelson which undermines,
damages or in any way adversely affects any highway, lane or other public
property.
Defacing Buildings or Structures
17.
Every person who in any way removes, injures, damages, defaces or disfigures any
public or private building, structure, wall, fence, hedge, railing, sign, monument, statue,
post, telegraph, telephone or power pole or other property in whole or in part, within
the City of Nelson, by cutting, breaking, painting, or daubing with paint or other
substance, or billposting thereon, shall have contravened the provisions of this Bylaw
and shall be liable for the costs of repairing such damage in addition to the penalties
assessed under the provisions of this Bylaw.
Indecent Advertising
18.
No person shall post, exhibit or distribute any placards, play-bills, posters, advertising,
writings or pictures or write words or make pictures or drawings which are indecent,
offensive or may tend to corrupt or demoralize the public on walls or fences, or
elsewhere, on or adjacent to a street or public place.
Waste Removal
19.
Every manufacturer or processor must dispose of the waste from their plants in a
manner approved by the City of Nelson, and no person shall construct, reconstruct,
install, convert, alter or add to any incinerator for the disposal of industrial or
commercial scrap or waste material, refuse, rubbish, garbage or any combination
thereof, until an application including suitable plans and specifications have been filed
with the City of Nelson and a permit has been issued.
Right of Entry
20.
a) The City of Nelson, through its authorized representatives, shall have
the right of entry at all reasonable times into any building or premises in order to
inspect the same for the purposes of this Bylaw and to determine whether such
regulations are being obeyed.
b)
Any person interfering with or obstructing the entry of the City of Nelson into
any building or premises shall be deemed to be guilty of a violation of this
Bylaw.
Authorized Representatives
21.
For the purposes of administering this Bylaw, "City of Nelson" shall mean. City Council,
City Administrator, Director of Works and Services, Building Inspector, Fire" Chief and
Police Chief as applicable and as the case may be and are hereby designated as the
authorized representatives of the City of Nelson.
Definitions
22.
All applicable definitions contained within the "Municipal Act" RSBC, 1979, Chapter
290 and the "Motor Vehicle Act" RSBC, 1979, Chapter 288, shall be applied to similar
words or terms as used within this Bylaw, unless the context otherwise requires.
Persons Triable
23.
Every person who violates any of the provisions of this Bylaw, or who suffers or
permits any act or thing to be done in contravention or violation of any of the
provisions of this Bylaw, or who neglects to do or refrains from doing anything required
to be done by any of the provisions of this Bylaw, shall be deemed to be guilty of an
infraction thereof and liable to the penalties hereinafter provided.
Penalties
24.
a)
Any person who violates any of the provisions of this Bylaw shall be liable to
punishment by way of a fine of not less than fifty ($50.00) Dollars and not more
than two thousand ($2,000.00) dollars.
b)
In the event that any penalty, or part of any penalty and costs imposed pursuant
to this Section are not paid forthwith, the Court before whom the prosecution
was had, may, by warrant under the hand of the Judge or other Court, cause
any penalty and costs, or part of the penalty and costs, to be levied by distress
and sale of goods and chattels of the offender; and in the case of there being
no distress found out of which the penalty and all the costs can be levied, the
Court may commit the offender-to imprisonment for a term not exceeding thirty
(30) days.
c)
Pursuant to section 264 of the Community Charter, any person designated as a
Bylaw Enforcement Officer, pursuant to City's current "Bylaw Notice
Enforcement Bylaw" and all amendments thereto, is hereby authorized and
empowered to enforce the provisions of this Bylaw or Bylaw notice or as
otherwise provided by this and any other Bylaw of the Corporation of the City of
Nelson. (Amended by Bylaw 3263, 2013)
d)
No person may obstruct a Bylaw Enforcement Officer in the fulfillment of their
duties. (Amended by Bylaw 3263, 2013)
Repeal
25.
The "Property Maintenance Bylaw No. 2220, 1987" and all amendments thereto is
hereby repealed in its entirety.
Title
26. This Bylaw may be cited as "Property Maintenance Bylaw No. 2375, 1990".
Effective Date
27. This Bylaw shall come into force and effect upon adoption thereof by the Council of The
Corporation of the City of Nelson.
READ A FIRST TIME the 22nd day of January, 1990.
READ A SECOND TIME the 22nd day of January, 1990.
READ A THIRD TIME the 22nd day of January, 1990.
RECONSIDERED, FINALLY PASSED AND ADOPTED the 29th
day of January, 1990 and Numbered 2375
City
CERTIFIED a true and correct copy of "Property
Maintenance Bylaw No. 2375, 1990"
City Clerk
Schedule "A" to
The Corporation of the City of Nelson
Property Maintenance Bylaw No. 2375, 1990
Bighead knapweed (Centaurea macrocephala)
Black knapweed (Centaurea nigra)
English ivy (Hedera helix)
Field scabious (Knautia arvense)
Policeman's helmet (Impatiens glandulifera)
Scotch broom (Cytisus scoparius)
Coltsfoot (Tussilago farfara)
Common bugloss (Anchusa officinalis)
Field bindweed (Convolvulus arvensis)
Greater knapweed (Centaurea scabiosa)
Japanese butterbur (Petasites japonicas)
Meadow knapweed (Centaurea pratensis)
Fuller's Teasel (Dipsacus sativus)
Wild chervil (Anthriscus sylvestris)
Wild four o'clock (Mirabilis nyctaginea)