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CITY OF PARKSVILLE
BYLAW NO. 1489
A BYLAW TO REGULATE, PROHIBIT AND IMPOSE REQUIREMENTS IN RELATION
TO THE PROTECTION AND ENHANCEMENT OF THE WELL-BEING OF THE
COMMUNITY IN RELATION TO NUISANCES, DISTURBANCES AND OTHER
OBJECTIONABLE SITUATIONS
WHEREAS in accordance with Sections 8 (3) (h) and 64 of the Community Charter Council may, by
bylaw, regulate, prohibit and impose requirements in relation to the protection and enhancement of
the well-being of the community in relation to nuisances or any other matter that is liable to disturb
the quiet, peace, rest, enjoyment, comfort or convenience of individuals or the public, or other
objectionable situations as set out in Section 64 of the Community Charter;
AND WHEREAS under Sections 17 and 194 of the Community Charter Council may impose costs and
recover costs of taking action in the event of default by a person who fails to take action as lawfully
directed.
NOW THEREFORE the Council of the City of Parksville in open meeting assembled hereby enacts as
follows:
1.
CITATION
This bylaw may be cited for all purposes as the "City of Parksville Nuisance Abatement Bylaw,
2013, No. 1489".
2.
DEFINITIONS
In this bylaw, unless the context otherwise requires:
"BYLAW COMPLIANCE OFFICER" - means the employee(s) of the City of Parksville so
designated from time to time by the Council of the City of Parksville.
"CITY" - means the City of Parksville.
"FIRE CHIEF" - means the Fire Chief duly appointed by Council from time to time and shall
include the Deputy Fire Chief.
"NUISANCE" - means an activity or any matter that is liable to disturb the quiet, peace, rest,
enjoyment, comfort or convenience of individuals or the public and without limiting the
generality of the foregoing, may include noisy parties, a group of people making noise, loud
music, car racing, revving engines, yelling, shouting, screaming, fighting, littering,
trespassing, illuminations, vibration, odour, accumulation of water on a property or
unsanitary conditions on property or other objectionable situations.
Bylaw 1489 - Page 2
"NUISANCE ABATEMENT" - means works or services undertaken by the City to land or
improvements, to abate, or cause to be abated, an activity or any matter that causes a
nuisance.
"PUBLIC PLACE" - includes land owned by a public authority.
3.
GENERAL PROHIBITION
(a)
No person shall cause a nuisance or permit property which he or she owns or occupies
to be used so as to cause a nuisance.
(b)
No person or persons shall make, cause or permit to be made or caused any nuisance in
or on any highway or other public place in the City which is liable to disturb the quiet,
peace, rest, enjoyment, comfort or conveniences of individuals or persons in the
neighbourhood or vicinity of that place.
4.
DECLARATION OF NUISANCE
If Council of the City of Parksville, in open meeting assembled, declares that a nuisance
exists, if the person directed to abate the nuisance fails to do so within the time stipulated by
Council, City staff is authorized to undertake the steps and utilize resources deemed
necessary to abate the nuisance and recover the costs of abating the nuisance as set out in
this bylaw.
5.
COST RECOVERY AND COLLECTION
(a)
The City may recover the costs of abating a nuisance from one or more of the
following:
(i)
a person causing the nuisance;
(ii)
the occupier of land from which the nuisance emanates; and
(iii)
the owner of land from which the nuisance emanates.
(b)
The City may recover the costs of abating a nuisance under section 4(a) in accordance
with:
(i)
Section 231 of the Community Charter, as a debt due and recoverable in a
court of competent jurisdiction;
(ii)
Section 258 of the Community Charter, in the same manner as property taxes,
or in any other manner authorized by law.
6.
COSTS RECOVERABLE
(a)
The costs recoverable for nuisance abatement shall be those set out in Schedule "A" to
this bylaw.
(b)
All charges as set out in this bylaw are in addition to and separate from any Municipal
Ticket or Bylaw Notice infractions and related fines as set out in the "Municipal Ticket
Information Bylaw, 2012, No. 1478" and amendments thereto and "Bylaw Offence
Notice Enforcement Bylaw, 2012, No. 1486" and amendments thereto.
Bylaw 1489 - Page 3
7.
OFFENCES
A person who contravenes, violates or fails to comply with any provision of this bylaw, or who
suffers or permits any act or thing to be done in contravention or violation of this bylaw, or
who fails to do anything required by this bylaw, commits an offence and shall be liable, upon
conviction, to a fine of not more than $10,000.00 and not less than $200.00, the cost of
prosecution and any other penalty or order imposed pursuant to the Community Charter or
the Offence Act (British Columbia). Each day that an offence against this bylaw continues or
exists shall be deemed to be a separate and distinct offence.
8.
SEVERABILITY
If any part of this bylaw is for any reason held invalid by any court of competent jurisdiction,
the invalid portion shall be severed and the severance shall not affect the validity of the
remainder.
READ A FIRST TIME this 21st day of January, 2013
READ A SECOND TIME this 21st day of January, 2013
READ A THIRD TIME this 4th day of February, 2013
RECONSIDERED AND FINALLY ADOPTED this 18th day of February, 2013
Original signed by Chris Burger
Original signed by Debbie Comis
Mayor
Corporate Officer
Bylaw 1489 - Page 4
Schedule "A"
Calculation of Charges for Nuisance Abatement
1.
The fees and charges recoverable for the exercise of authority, regulation, prohibition or
imposition of requirements in relation to nuisance abatement shall be charged for every hour
or ¼ hour portion thereof which any City staff or employee, RCMP or Parksville Fire
Department personnel use to deal with the abatement of a nuisance and depending upon the
day of the week and the time of day which such services are required, the hourly rate may be
increased by one and a half or two times.
2.
Rates for use of RCMP services will be charged at the rates as outlined in Table A below.
3.
Rates for use of City staff, employees or Fire Department personnel will be charged at the
rates as outlined in Table B below and forming part of this bylaw.
4.
The fees and charges recoverable for the use of City or RCMP vehicles or equipment in
relation to nuisance abatement will be charged for every hour or ¼ hour portion thereof and
depending upon the day of the week and the time of day which such services are required,
the hourly rate may be increased by one and a half or two times.
5.
Rates for use of City, RCMP, or Fire Department vehicles or equipment will be charged at the
rates as outlined in Schedule B attached hereto and forming part of this bylaw.
6.
Rates for outside contract labour and/or equipment charges will be charged at cost plus 10%.
TABLE A
REGULATORY SERVICES
(Hourly Rate)
RCMP
Staff Sergeant
$65.19
Sergeant
$62.41
Corporal
$59.89
Constable
$57.43
Officer
$50.71
Support Staff
$26.88
Bylaw 1489 - Page 5
TABLE B
REGULATORY SERVICES
(Hourly Rate)
City Hall Staff
Bylaw Compliance Officer III
$45.30
Bylaw Compliance Officer II
$41.74
Bylaw Compliance Officer I
$39.06
Bylaw Compliance Officer / Building Inspector
$45.30
Chief Building Inspector
$45.30
Building Inspector III
$43.52
Building Inspector II
$41.74
Building Inspector I
$38.19
Engineering / Public Works Staff
Water Supply & Distribution Chief Operator
$54.99
Parks & Facilities Superintendent
$53.29
Parks Foreman
$51.12
Operations Foreman
$51.12
Labourer III (Utilities)
$42.84
Labourer II
$39.02
Labourer
$38.20
Parksville Fire Department Personnel
Fire Chief
$69.36
Deputy Fire Chief
$54.77
Assistant Fire Chief / Fire Prevention Officer
$46.10
Volunteer Fire Fighter
Salary/wages at their
regular place of
employment or
$34.00/hour, whichever
is greater
Bylaw 1489 - Page 6
Schedule "B"
Rates for use of City, RCMP or Fire Department Vehicles or Equipment
EQUIPMENT
(Hourly Rate)
City Car
$5.00
City Truck - Light
$5.50
City Truck - Service
$6.25
City Vehicle - Other
Per Fleet Rate - External
Fire Truck - Rescue
$600.00 (includes crew)
Fire Truck - Pumper
$537.00 (includes crew)
Fire Truck - Aerial
$746.00 (includes crew)
Fire Truck - Tender
$278.00 (includes crew)
Fire Truck - Chief Officer/Duty
Officer/Inspector
$75.00
Police Vehicles
$30.00
Other Labour Costs
Special Inspection
$100.00
Contract Work
Cost Plus 10%
Other Equipment Costs
Cost Plus 10%