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9CORPORATION OF THE CITY OF NEW WESTMINSTER
CONTROLLED SUBSTANCE PROPERTY BYLAW NO. 6679, 2001
EFFECTIVE DATE: JULY 23, 2001
CONSOLIDATED FOR CONVENIENCE ONLY
(March 20, 2019)
This is a consolidation of the bylaws listed below. The amendment bylaws have
been combined with the original bylaw for convenience only. This consolidation
is not a legal document. Certified copies of the original bylaws should be
consulted for all interpretations and applications of the bylaws on this subject.
AMENDMENT BYLAW
EFFECTIVE DATE
7193
November 5, 2007
8081, 2019
March 11, 2019
The bylaw numbers highlighted in this consolidation refer to the bylaws that
amended the principal Bylaw No. 6679, 2001. The number of any amending
bylaw that has been repealed is not referred to in this consolidation.
Obtainable from the City Clerk's Office
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CORPORATION OF THE CITY OF NEW WESTMINSTER
BYLAW NO. 6679, 2001
A bylaw to prohibit the use of property for the trade, manufacture,
ingestion, use, sharing, trade or barter of controlled substances
BYLAW 8081, 2019
WHEREAS Sections 8(3)(h), 17 and 64 of the Community Charter,
S.B.C. 2003, c.26 authorizes Council, by bylaw, to:
1.
prevent, abate and prohibit nuisances, and provide for the
recovery of the cost of abatement of nuisances from the
person causing the nuisance or other persons described in
the bylaw;
2.
prohibit the carrying on of a noxious or offensive trade,
business or manufacture; and
3.
effect compliance at the expense of any person who has
failed to comply with the bylaw.
BYLAW 8081, 2019
AND WHEREAS Council is further authorized by Sections 8(3)(g),(h) and (l) of
the Community Charter, S.B.C. 2003 c.26, by bylaw, to regulate, for the health,
safety and protection of persons and property, the installation, alteration or repair
of plumbing, heating, air conditioning, electrical wiring and equipment, gas or oil
piping and fittings, appliances and accessories of every kind, and to require an
occupancy permit before occupancy of a building or part of it after alteration or a
change in occupancy;
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AND WHEREAS unsightly conditions and the noxious or offensive trade and
manufacture of controlled substances have been found to exist from place to
place throughout the City and the existence of such conditions and manufacture
is detrimental to the welfare of the residents of the City and contributes
substantially to the deterioration of neighbourhoods and a reduction in property
values;
AND WHEREAS the alteration of plumbing, heating, air conditioning, electrical
wiring and equipment, gas or oil piping and fittings, appliances and accessories
in buildings for the carrying on of the noxious and offensive trade and
manufacture of controlled substances creates a danger to the health and safety
of the residents of such buildings;
AND WHEREAS property used for the ingestion, use, sharing, sale, trade or
barter of a controlled substance causes disturbance and inconvenience to the
residents of neighbouring properties, creates risks to the health and safety of
residents and reduces the value of neighbouring properties.
NOW THEREFORE THE CITY COUNCIL of the Corporation of the
City of New Westminster in open meeting assembled ENACTS AS FOLLOWS:
1.
This Bylaw may be cited for all purposes as "Controlled Substance
Property Bylaw No. 6679, 2001".
2.
In this Bylaw:
"Controlled Substance" means a "controlled substance" as
defined and described in Schedules I, II and III of the Controlled
Drugs and Substances Act, 1996 c. 19, as may be amended from
time to time, but does not include the trade or manufacture of a
controlled substance that is permitted under that Act or otherwise
lawfully permitted under the City's Business License Bylaw.
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BYLAW 8081, 2019
"Controlled Substance Property" means a property which is
used for:
(a)
the trade or manufacture of a Controlled Substance;
or
(b)
the ingestion, use, sharing, sale, trade or barter of a
controlled substance therein or thereon;
"Hazardous Situation" includes any real or potential risk to the
health or safety of persons or property arising or resulting from the
use of a property for the trade or manufacture of a controlled
substance or for the ingestion, use, sharing, sale, trade or barter of
a controlled substance therein or thereon.
BYLAW 8081, 2019
"Inspector" means the Chief Building Inspector for the City, or
designate, the Manager, Licensing and Integrated Services, and
any member from time to time of the City's Integrated Housing
Service Team, the New Westminster Police Department and the
New Westminster Fire Department;
"Occupant" includes:
(a)
a person residing on or in property;
(b)
the person entitled to the possession of property if
there is no person residing on or in the property; and
(c)
a leaseholder;
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and shall include the agent of any such person.
"Owner" means a person who has any right, title, estate or interest
in property, other than that of an occupant, and shall include the
agent of any such person.
"Person" includes natural persons of either sex, associations,
corporations. bodies politic, co-partnerships, whether acting by
themselves or by a servant, agent or employee, and the heirs,
executors, administrators, successors and assigns or other legal
representative of such persons.
"Property" means all real property, including, but not limited to,
frontyards, sideyards, backyards, driveways, walkways, and
sidewalks and shall include any building, structure, vehicle, chattel
or fence located on such real property.
Prohibition of Controlled Substance Manufacture
3.
No Person, Owner or Occupant of Property within the City of New
Westminster shall cause, permit or allow any Property to become
or remain a place for the trade, business or manufacture of a
Controlled Substance.
Unsightly Premises Prohibited
4.
No Person, Owner or Occupant shall cause, permit or allow water,
rubbish or noxious, offensive or unsightly matter to collect or
accumulate
around
any
Property
in connection with the
manufacture, ingestion, use, sharing, sale, trade or barter of a
Controlled Substance.
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Controlled Substance Properties Prohibited
5.
The use of any Property as a Controlled Substance Property is
hereby deemed to constitute the carrying on of a noxious or
offensive trade, business or manufacture, and no Person, Owner or
Occupant shall cause, permit or allow any Property to become or
remain a Controlled Substance Property.
Alteration, Repair and Reconnection of Electrical, Water or Gas Supply
BYLAW 8081, 2019
6.
(a)
If, as a result of the unlawful use of a Property for the trade,
manufacture ingestion, use, sharing, sale or barter of a Controlled
Substance:
(i)
the supply of electricity, water or natural gas to a
Property has been disconnected by the City or any other
lawful authority;
(ii)
unauthorized alterations or repairs have been made
to electrical, water or gas systems, equipment, appliances or
other accessories of any kind; or
(iii)
a Hazardous Situation or a potentially Hazardous
Situation exists on the Property;
the supply of electricity, water or natural gas shall not be
reconnected and the Property shall not be occupied until:
BYLAW 8081, 2019
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(b)
the Owner or Occupant has applied to the Manager,
Licensing and Integrated Services for a special safety inspection
pursuant to this section and has paid the fee hereby imposed for
such special inspection and specified in Schedule F in the
Development Services Fees and Rates Bylaw No. 7683, 2014;
(c)
the Property has been inspected by the Inspector and all
other lawful authorities having jurisdiction over the supply of
electricity, water or natural gas, for compliance with all health and
safety requirements of the City's bylaws and any Provincial statute
or regulation relating to building, electrical, water, gas or fire safety;
(d)
the Owner or Occupant has obtained all permits, approvals
or authorizations required to carry out the work necessary to bring
the Property into compliance with the City's bylaws and all
Provincial statutes and regulations referred to in subsection (2);
(e)
all of the work referred to in subsection (3) has been
completed and inspected by the Inspector and all other lawful
authorities having jurisdiction and the Property is now in
compliance with the City's bylaws and all Provincial statutes and
regulations referred to in subsection (2); and
(f)
the Owner or Occupant has paid all fees imposed by this
Bylaw and other relevant City Bylaws in relation to the inspection of
Property and the issuance of permits, and the Inspector has issued
an Occupancy Permit for the Property.
Non-Compliance
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7.
If an Owner or Occupant fails to comply with a written notice of the
Inspector, the City, by its employees or other Persons, at a
reasonable time and in a reasonable manner, may enter the
Property and effect compliance at the expense of the Owner or
Occupant who has failed to comply.
Extraordinary Costs
BYLAW 8081, 2019
8.
Every Person causing, permitting or allowing Property to become or
remain a place for the trade, business or manufacture of a
Controlled Substance shall, upon receipt of invoice, pay the service
costs incurred by or on behalf of the New Westminster Police
Department in the disassembly, removal, transportation, storage
and disposal of equipment, substances, materials and other
paraphernalia
associated
with
such
trade,
business
or
manufacture.
Costs Added to Taxes
9.
In the event that a Person fails to pay the costs of compliance
under Section 7 or a Person fails to pay extraordinary costs due
and payable under Section 8 before the 31st day of December in
the year that compliance was effected, the costs or extraordinary
costs, as the case may be, shall be added to and form part of the
taxes on the Property as taxes in arrears.
Offences and Penalties
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10.
Any Owner or Occupier who contravenes, suffers or permits any
act or thing to be done in contravention of, or neglects to do so,
refrains from doing anything required to be done pursuant to the
provisions of this Bylaw or any notice issued under this Bylaw,
commits an offence punishable on summary conviction, and shall
be liable to a fine not exceeding the sum of $5,000.00.
11.
Where an offence is a continuing offence, each day that the
offence is continued shall constitute a separate and distinct
offence.
12.
If any section, subsection, clause or phrase of this Bylaw is for any
reason held to be invalid by the decision of a Court of competent
jurisdiction, the invalid portion shall be severed and the decision
that it is invalid shall not effect the validity of the remainder.
13.
Prosecution of a Person pursuant to Section 10 of this Bylaw does
not exempt or relieve the Person from the remediation provisions of
Sections 7, 8 and 9 of this Bylaw.
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BYLAW NO. 7193, 2007; 8081, 2019
SCHEDULE "A" Deleted
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