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NUISANCE ABATEMENT AND COST RECOVERY BYLAW
Bylaw Number 3804
CONSOLIDATION
This consolidation is a copy of a bylaw consolidated under the authority of section 139 of the
Community Charter and in accordance with section 1 of Consolidation and Revision Authority
Bylaw 3514, 2013.
Current to May 8, 2025
Last amended on May 7, 2025
This Bylaw has been consolidated and printed under and by authority of the Corporate
Officer for the Corporation of the District of North Cowichan.
LIST OF AMENDMENTS
Bylaw
Number
Description of Amendment
Effective Date
(YYYY-MMM-DD)
3832
Inserting "Noxious Weeds" and Weed Control Officer"; Delete/insert several
sections
2021-Jun-02
3995
To add hazardous and unsafe conditions and replacing Manager of Fire and
Bylaw Services with Manager of Business Licensing Services
2025-May-07
The Corporation of the District of North Cowichan
Nuisance Abatement and Cost Recovery Bylaw
Bylaw No. 3804
Contents
1
Citation
2
Severability
3
Definitions
4
Prohibitions
5
Nuisance Abatement
6
Costs Imposition
7
Collection
8
Costs
9
Offence and Penalty
10 Repeal
WHEREAS, under Sections 8 and 64 of the Community Charter, Council may, by bylaw, regulate,
prohibit and impose requirements in relation to nuisances; and
WHEREAS, under Sections 17 and 194 of the Community Charter, Council may impose costs and
recover the costs of taking action in the event of a default by a person who fails to take action as
Council directs:
NOW THEREFORE the Council of The Corporation of the District of North Cowichan, in open meeting
assembled, enacts as follows:
PART 1
CITATION
1.1.
This bylaw may be cited as "Nuisance Abatement Hazardous Conditions and Cost Recovery
Bylaw No. 3804, 2020". [BL3995]
PART 2
SEVERABILITY
2.1.
If a portion of this bylaw is found invalid by a court, it will be severed and the remainder of
the bylaw will remain in effect.
PART 3
DEFINITIONS
3.1
In this bylaw,
"Clean Up Order" means a Remedial Action Requirement." [BL3995]
"Hazardous Conditions" means a matter or thing that is in or creates an unsafe condition."
[BL3995]
"NOXIOUS WEED" shall include:
-
Blueweed (Echium vulgare);
-
Garlic Mustard (Alliaria petiolata);
-
Giant Hogweed (Heracleum mantegazzianum);
-
Gorse (Ulex Europaeus);
-
Knotweeds (Fallopia spp. and Polygonum spp.);
-
Poison Hemlock (Conium maculatum); and
-
Wild Chervil (Anthriscus sylvestris). [BL3832]
"NUISANCE" means:
(a) noise, vibration, odour, dust, illumination or any other matter that is liable to disturb
the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public;
and an activity which substantially and unreasonably interferes with a persons use and
enjoyment of a public area of land or land he or she occupies. [BL3995]
(b) the emission of smoke, dust, gas, sparks, ash, soot, cinders, fumes or other effluvia that
is liable to foul or contaminate the atmosphere;
(c) refuse, garbage or other material that is noxious, offensive or unwholesome;
(d) the accumulation of water on property;
(e) unsanitary conditions on property;
(f) overgrown grass, weeds or trees;
(g) the carrying on of a noxious or offensive business activity;
(h) graffiti and unsightly conditions on property;
(i) indecency and profane, blasphemous or grossly insulting language; and may include an
activity such as a noisy party, loud music, yelling and fighting; and [BL3995]
(j) anything which constitutes a nuisance at law.
"WEED CONTROL OFFICER" means the person appointed by the Director of Engineering in
accordance with the Delegation of Authority Bylaw. [BL3832]
PART 4
PROHIBITIONS
4.1.
No person shall do any act or cause any act to be done which constitutes a nuisance.
4.2.
No owner or occupier of real property shall cause or permit a nuisance on that real property.
4.3.
Every owner or occupier who is required to take action under a Weeds, Graffiti and Litter
Order or a Clean Up Order shall comply with that order.
4.4.
No person shall cause or permit a hazardous condition. [BL3995]
PART 5
NUISANCE ABATEMENT
5.1.
A person in contravention of sections 4.1 or 4.2 of this bylaw shall abate or cause to be
abated the nuisance.
5.2.
If a Bylaw Compliance Officer determines that real property contains grass, weeds or trees
that are overgrown, graffiti or strewn litter, the Manager of Bylaw and Business Licensing
Services may issue a Weeds, Graffiti and Litter Order. [BL3832]
5.2.1 If a Weed Control Officer determines that real property contains Noxious Weeds
present or growing thereon, the Weed Control Officer shall give notice writing
to the owner or occupier of such condition and require the owner or occupier
to comply with the provisions set out under the Weed Control Act and Weed
Control Regulation (BC Reg. 66/85) within no less than 5 business days from the
date of such notice. [BL3832]
5.3.
A Weeds, Graffiti and Litter Order must:
(a) be in writing;
(b) identify the person who must fulfill the requirement;
(c) be posted in a conspicuous location on the property;
(d) be sent by regular mail to the owner's address;
(e) be sent by regular mail to the occupier of the property if the occupier is the person
who must fulfill the requirement;
(f) provide the owner or occupier of the property with no less than 5 business days to
fulfill the requirement after the date the Weeds, Graffiti and Litter Order was posted on
the property and sent;
(g) advise that a person may request that the Manager of Bylaw and Business Licensing
Services reconsider the Weeds, Graffiti and Litter Order in accordance with this Bylaw;
[BL3995] and
(h) advise that upon default, the District may fulfil the requirement set out in the Weeds,
Graffiti and Litter Order and seek recovery of the cost under section 17 of the
Community Charter.
5.4.
A person may request that the Manager of Bylaw and Business Licensing Services reconsider
a Weeds, Graffiti and Litter Order by delivering written submissions regarding the request to
the District's corporate officer at least two days prior to the expiration of the time for
compliance set out in the Weeds, Graffiti and Litter Order and providing an e-mail or postal
address to which the response of the Manager of Fire and Bylaw Services should be sent.
[BL3995]
5.5.
If a timely request for reconsideration of a Weeds, Graffiti and Litter Order is made, the
Manager of Bylaw and Business Licensing Services may do any of the following:
(a) affirm the Weeds, Graffiti and Litter Order;
(b) cancel the Weeds, Graffiti and Litter Order;
(c) affirm and extend the time for compliance with the Weeds, Graffiti and Litter Order; or
(d) modify the Weeds, Graffiti and Litter Order to accommodate a request by the affected
person. [BL3995]
5.6.
If a Bylaw Compliance Officer determines that a nuisance, other than a nuisance that may be
the subject of a Weeds, Graffiti and Litter Order, exists on real property, the Manager of
Bylaw and Business Licensing Services may issue a Clean Up Order. [BL3832]
5.7.
A Clean Up Order must:
(a) be in writing;
(b) identify the person who must fulfill the requirement;
(c) be personally served on or sent by registered mail to the owner of the property at the
owner's address;
(d) be personally served on or sent by registered mail to the occupier, if the occupier of
the property is the person must fulfill the requirement;
(e) be sent by regular mail to the occupier of the property if:
(i)
the address of the property is different from the owner's address; and
(ii) the owner of the property is the person who must fulfill the requirement;
(f) be sent by regular mail to each holder of a registered charge in relation to the property
whose name is included on the assessment roll, if any, at the address set out in that
assessment roll and to any later address provided to the District;
(g) be posted in a conspicuous place on the property;
(h) provide the owner or occupier with no less than 30 days to fulfill the requirement after
the date the Clean Up Order was posted on the property and sent;
(i) advise that a person may request that Council consider the Clean Up Order in
accordance with this bylaw; and
(j) advise that, upon default, the District may fulfil the requirement set out in the Clean Up
Order and seek recovery of the cost under section 17 of the Community Charter.
5.8.
If the Manager of Bylaw and Business Licensing Services concludes that a person is evading
receipt of a Clean Up Order, the Manager of Bylaw and Business Licensing Services may
request that Council, by resolution, authorize steps to be taken to deliver notice to that
person as an alternative to compliance with section 5.7(c) or (d) of this bylaw. [BL3832]
5.9.
A person may request that Council reconsider a Clean Up Order by delivering a request in
writing to the District's Corporate Officer at least two weeks prior to the expiration of the
time for compliance set out in the Clean Up Order.
5.10.
If a timely request for reconsideration of a Clean Up Order is made, Council must hear the
representations of the requestor at a Council meeting and may do any of the following:
(a) affirm the Clean Up Order;
(b) cancel the Clean Up Order;
(c) affirm and extend the time for compliance with the Clean Up Order; and
(d) modify the Clean Up Order to accommodate a request by the affected person.
5.11.
If an owner or occupier fails to comply with a Clean Up Order or a Weeds, Graffiti and Litter
Order, the District may, by its employees, contractors and agents, enter onto the property
and take action in accordance with section 17 of the Community Charter and fulfil the
requirements of the order. The District may recover the cost of such action on default,
including administrative costs equal to 15% of the value of all contractor and agent invoices,
from the person subject to the order and if such costs remain unpaid by December 31 of the
year in which they are owing, such costs may be recovered as property taxes in arrears in
accordance with Part 14 of the Community Charter.
5.12.
The District may charge for work performed under section 5.11 by employees of the District
at the hourly rates set out in the Fees and Charges Bylaw, as revised or replaced from time to
time.
5.13.
If the District's action on default includes the removal of one or more items from a property,
the Manager of Bylaw and Business Licensing Services may, as the Manager of Bylaw and
Business Licensing Services considers reasonable given the nature, condition and market
value of each item:
(a) dispose of the item;
(b) sell the item for salvage and credit the money received against the cost of acting on
default;
(c) auction the item and credit the money received against the cost of acting on default; or
(d) place the item into storage until the item is collected or abandoned. [BL3832]
5.14.
In accordance with section 16 of the Community Charter, the following persons are
authorized to enter onto property to inspect and determine whether the requirements of this
bylaw are being met, and to carry out an action authorized under section 5.11 of this bylaw:
(a) a member of the RCMP;
(b) REPEALED by BL3995
(c) a Bylaw Compliance Officer;
(d) a Building Inspector;
(e) the Chief Building Inspector;
(f) the Fire Chief;
(g) the Deputy Fire Chief;
(h) a Fire Fighter;
(i) the Manager of Bylaw and Business Licensing Services; and [BL3832]
(j) a Weed Control Officer. [BL3832]
PART 6
COSTS IMPOSITION
6.1.
The District may impose the costs of abating a nuisance on one or more of the following:
(a) The occupier of land from which the nuisance emanates; and
(b) The owner of land from which the nuisance emanates.
PART 7
COLLECTION
7.1.
The District may recover the costs imposed under Section 6 in accordance with:
(a) Section 231 of the Community Charter as a debt due and recoverable in a court of
competent jurisdiction; or
(b) Section 258 of the Community Charter as property taxes.
PART 8
COSTS
8.1.
The costs recoverable for nuisance abatement are set out in the Fees and Charges Bylaw, as
revised or replaced from time to time.
PART 9
OFFENCE AND PENALTY
9.1.
Every person who contravenes any provisions of this bylaw commits an offence punishable
upon summary conviction and is liable to a fine not exceeding $10,000.00.
9.2.
If an offence is a continuing offence, each day that the offence is continued constitutes a
separate and distinct offence.
PART 10 REPEAL
10.1.
Bylaw 2590, Untidy and Unsightly Premises Bylaw, 1992, and all amendments thereto, are
hereby repealed.
______________________________________
Read a first, second and third time on December 2, 2020
Adopted on December 16, 2020