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THE CORPORATION OF THE DISTRICT OF OAK BAY
BYLAW NO. 3829 (incl. BL 3884)
A Bylaw to restrict the encroachment of private vegetation
onto public property
The Municipal Council of The Corporation of the District of Oak
Bay, in open meeting assembled, enacts as follows:
1In this Bylaw, except where the context otherwise requires:
"CORPORATION" means The Corporation of the District of Oak Bay;
"DIRECTOR OF ENGINEERING SERVICES" means the Director of Engineer-ing
Services for the Corporation;
"HIGHWAY" means a street, lane or right of way designed or intended for
or used by the general public for the passage of vehicular
traffic, pedestrian traffic, or both, and includes a boulevard or
sidewalk;
"MANAGER, PARKS SERVICES" means the Manager, Parks Services for the
Corporation;
"MUNICIPAL CLERK" means the Municipal Clerk for the Corporation;
"MUNICIPAL COUNCIL" means the Municipal Council of the Corporation;
"OCCUPIER" in respect of real property means a person who is quali-fied
to maintain an action for trespass;
"OWNER" in respect of real property means the registered owner of an
estate in fee simple and includes the tenant for life under a
registered life estate;
"REAL PROPERTY" means land, with or without improvements so affixed to
the land as to make them in fact and in law a part of it;
"ROADWAY" means that portion of a highway which is commonly travelled
over by vehicular traffic, more particularly the portion so used
which has been surfaced with asphalt, gravel or other hard
material;
"SIDEWALK" means that portion of a highway, between the curb lines or
lateral lines of a roadway and the adjacent property lines, which
has been improved for the use of pedestrians;
"TRAFFIC CONTROL DEVICE" means a sign, signal, line, marking, light,
barrier or other device placed or erected on or over a high-way by
authority of the Minister of Transportation and Highways, the
Municipal Council or a person authorized by either of them to
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exercise that authority.
2.Every owner and occupier of real property adjoining a highway shall
cause all trees, shrubs, hedges or bushes on the property to be
trimmed or cut back to the extent required to ensure that any
growths extending over, under or upon such highway do not create
or aggravate:
(1)a hazard to the safety of persons; that is:
(a)obscurement of a traffic control device other than one setting time
limits for parking;
(b)impairment of a line of sight for vehicle or pedestrian traffic at
an intersection; or
(c)projection of a rigid, brittle, hard or sharp branch, limb, twig or
leader over a highway or part thereof, to an extent and
height where it is liable to be struck by a pedestrian,
cyclist or motor vehicle using the highway in a lawful
manner;
(2)damage to the roadway, a sidewalk, an underground or above ground
utility or other public property; or
(3)an obstruction or other serious inconvenience to the public; that
is:
(a)reduction of the available width of a sidewalk, other public
walkway, or roadway below that which would be available
for public passage in the absence of the encroachment or
projection over the highway or part thereof; or
(b)obscurement of a traffic control device setting time limits for
parking.
3.Where an owner or occupier fails to comply with the requirement to
trim or cut back a tree, shrub, hedge or bush in accordance with
Section 2, the Director of Engineering Services or the Manager,
Parks Services may serve the owner or occupier with notice that
the Corpora-tion will be entitled to take the required action at
the
expense
of
that
person
if
the
noncompliance
remains
outstanding within five (5) days of service; and the authority of
the Municipal Council under Section 929.05 of the Municipal Act is
hereby severally dele-gated to the Director of Engineering
Services and the Manager, Parks Services.
4.A notice under Section 3 shall:
(1)describe, using apt words, measurements, sketches or photo-graphs,
or a combination thereof, the location, extent and nature of
the required action;
(2)describe
the
nature
of
the
hazard,
damage,
obstruction
or
inconvenience;
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(3)indicate how the person served with the notice may contact the
Director of Engineering Services or the Manager, Parks
Services, as the case may be, if he or she desires further
information with respect to the location, extent or nature of
the required action;
(4)state that the person served with the notice may apply to the
Municipal Council for reconsideration of the requirement to
take the action described in the notice;
(5)indicate how the person served with the notice may obtain
information regarding an application for reconsideration; and
(6)state that if within the required time the person served with the
notice applies for reconsideration by the Municipal Council,
he or she need not take the action described in the notice
until the application has been dealt with and the requirement
confirmed by that body.
5.Where more than one person is shown on the records of the Victoria
Land Title Office as the owner of the real property in question,
service of a notice upon any one of such persons shall be deemed
to be good and sufficient notice to the owner of such property for
the purposes of this Bylaw.
6.An application for reconsideration by the Municipal Council shall:
(1)be in writing;
(2)include a return address; and
(3)be submitted to the Municipal Clerk before the expiration of the
time set out in the notice for the completion of the required
work.
7.Following receipt of an application for reconsideration under Sec-
tion 6, the Municipal Clerk shall notify the applicant of the
time, date and place the application will be placed before the
Municipal Council.
8.Notification from the Municipal Clerk in accordance with Section 7
shall:
(1)state that reconsideration by the Municipal Council at the time,
date
and
place
specified
will
include
a
reasonable
opportunity to be heard or make written submission on the
matter either in person, or through an agent, or both; and
(2)be mailed or otherwise delivered to the applicant at least five (5)
days before the date set for reconsideration by the Municipal
Council.
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9.If the Municipal Council, upon reconsideration, has confirmed a
requirement to take action under this Bylaw, notice of such
confir-mation shall be sent by double registered mail or otherwise
delivered to the applicant at the return address indicated on his
or her application. Notice shall be deemed to have been served
upon delivery to the property at that address or, if mailed,
within three (3) days of mailing.
10.If the person given notice under this Bylaw does not take the
required action within five (5) days of service under Section 3 or
Section 9, whichever is applicable, then the Corporation, by its
employees or others, may at the expense of that person effect the
action required by the notice and may, to the extent reasonably
required for this purpose, enter the real property which is
subject to the notice.
11.The Corporation shall keep an accurate account of the costs incurred
pursuant to Section 10, and when the required action is completed
shall mail a statement of such charges to the person given notice
under this Bylaw, with a demand for payment of same.
12.If the person referred to in Sections 10 and 11 does not pay the
costs of the action by the Corporation under Section 10 on or
before December 31 in the year in which the costs were incurred,
the costs shall be added to and form part of the taxes payable on
the real property as taxes in arrears.
13.Section 53 of Bylaw No. 3658, "Streets and Traffic Bylaw, 1990", as
amended, is hereby repealed.
14.This Bylaw may be cited as the "HAZARDOUS TREE AND SHRUB BYLAW,
1994".
READ a first, second and third time by the Municipal Council on
November 14, 1994
ADOPTED AND FINALLY PASSED by an affirmative vote of at least two-
thirds of all members of the Municipal Council on November 28, 1994
Mayor Municipal Clerk
Sealed with the Seal of The Corporation of the District of Oak Bay.