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BOULEVARD MAINTENANCE
VILLAGE OF PEMBERTON
BYLAW NO. 713, 2012
Fourth & Final Readings
October 16, 2012
OFFICE CONSOLIDATION: December 7, 2021
This document is an office consolidation of the Village of Pemberton Boulevard Maintenance
Bylaw No. 713, 2012 (adopted October 16, 2012) and subsequent amendments adopted by
Village Council).
All persons making use of this consolidation are reminded that it has no Council sanction, that
amendments have been incorporated only for convenience of reference, and that for all
purposes of interpretation and application that original bylaw should be consulted. The Village of
Pemberton will, in no event, be liable or responsible for damages of any kind arising out the use
of this consolidation.
This is not the official version of the Village of Pemberton Boulevard Maintenance Bylaw No. 713,
2012, nor is it admissible in a court of law. For such purposes, official certified copies can be
obtained from the Village Office or by contacting us at: [email protected].
List of Amending Bylaws
BYLAW NO.
SECTION
DESCRIPTION
ADOPTED
918, 2021
PART 2
2.1
2.2
6.1
6.3
Renamed to INTERPRETATION.
Corrected error in numbering.
New section to note that enactments
referred to are as amended or replaced.
Updates references to offenses
Updates references to penalties.
December 7, 2021
VILLAGE OF PEMBERTON
BYLAW No. 713, 2012
Being a bylaw to regulate to regulate the maintenance of boulevards and ditches.
WHEREAS Part Three, Division 5 of the Community Charter provides that Council for
the Village of Pemberton may, by bylaw be granted the authority to regulate the
maintenance of boulevards by or on behalf of the owners of land abutting on them;
NOW THEREFORE, the Council of the Village of Pemberton, in open meeting
assembled, ENACTS AS FOLLOWS:
1. CITATION
This Bylaw may be cited as "Village of Pemberton Boulevard Maintenance Bylaw
No. 713, 2012."
2. INTERPRETATION (Amendment Bylaw No. 918, 2021)
2.1.
In this bylaw: (Amendment Bylaw No. 918, 2021)
"Abutting" means on the front, back or sides of a property parcel.
"application" means the application for a Boulevard Improvement Permit made in
the form(s) established and prescribed by the Village
"Boulevard" means the area of a highway or roadway between the edge of the
paved or main travelled portion of the roadway and the adjacent property line and
includes sidewalks, ditches and curbs.
"Ditch" means a drainage ditch located within the right-of-way of a highway or
roadway in the possession and control of the Village.
"Highway" includes a developed street, road, lane, bridge, and viaduct, but does
not include a private right-of-way on private property.
"Village" means the Village of Pemberton.
"Noxious Weeds" means any weed designated by a provincial regulation to be a
noxious weed, and includes seeds of a noxious weed.
"Owner" when referring to personal property, means the registered owner of such
real property, the holder of any registered or unregistered legal owner of such
property if it is not registered, the purchase of it under any registered or unregistered
conditional sale agreement, and also any agent or other authorized representative of
such person.
"Permit" means the Boulevard Improvement Permit as established and prescribed
and issued by the Village.
"Roadway" means that portion of a highway which is improved for use by vehicular
traffic, and includes paving, underground utilities, curbs and gutters.
"Traffic Control Device" means a sign, line, meter, marking, space, barrier, or
device; painted, placed or erected; to guide, regulate, warn, direct, restrict, control
or prohibit traffic.
"Village Official" means a duly authorized representative of the Village.
2.2.
In this Bylaw, a reference to an Act refers to a statute of British Columbia
and a reference to any statute, regulation, or other enactment refers to
that enactment as amended or replaced from time to time. (Amendment
Bylaw No. 918, 2021)
3. GENERAL PROVISIONS
3.1 Property Owner Prohibitions
3.1.1 An Owner of Property must not:
a) permit any garbage, debris or discarded materials to accumulate on
boulevards or in ditches; or
b) place any rocks, fencing, landscape ties, rails, bricks, concrete
structures or figurines, on the boulevard or in a ditch, immediately
adjacent to the owner's property. This provision does not pertain to
items authorized by the Village.
c)
deposit snow originating from private property on municipal highways,
roadways, sidewalks, lanes or parking areas;
d)
place fill, landscaping debris or material in drainage swales/ditches;
e)
install culvert extensions in drainage ditches without Village
authorization;
3. 2 Property Owner Obligations
3.2.1 Every Owner of Property adjacent to a Boulevard or Ditch must maintain
that Boulevard or Ditch in a clean and safe condition at all times;
3.2.2 In regard to the boulevard immediately abutting an owner's property, such
property owner must:
a) keep grass on the boulevard trimmed to a height of not more than 20
centimetres;
b) keep such boulevard free of brush and noxious weeds;
c) prune and trim hedges, trees and shrubs in the boulevard so that a
minimum vertical clearance of three (3.0) metres above the sidewalk
and five (5.0) metres above the roadway, is maintained and there is no
encroachment on:
a sidewalk; or
a road, where there is no sidewalk;
d) ensure that sight lines to intersections, driveways, sidewalk, walkways,
travel lanes, and visibility to all traffic control devices is not restricted by
modifications to the boulevard which the property owner may
undertake;
e) maintain a one (1) meter clearance for shrubbery, hedges and trees
from any fire hydrant or fire hydrant valve.
f) manage trees and vegetation in such a way that it does not become a
hazard to houses, infrastructure, or persons.
3.2.3 The obligation to maintain the boulevard as specified in subsection 3.2.1
and subsection 3.2.2 does not apply where in the opinion of the Village
Official the property owner is unable to directly access the boulevard due
to steep grades, walls, fences or other obstructions.
3.3
Boulevard Improvement
3.3.1 No Person shall improve or otherwise alter, modify, landscape or place
structures, objects or improvements of any nature upon, within, over or
under any Boulevard unless that person holds a valid and subsisting
Boulevard Improvement Permit.
3.3.2 An Owner may apply for a Boulevard Improvement Permit by submitting
an application in the form as prescribed by the Village.
3.3.3 Village Officials may approve, reject, or approve with such conditions as it
considers appropriate an application for a Boulevard Improvement Permit.
3.3.4 A Boulevard Improvement Permit may permit an Owner to improve a
Boulevard by the planting of grass, shrubbery and ground cover, addition
of flower beds, the placement of decorative rock, or the construction of
paved or concrete driveways, sidewalks or curbs, provided that
Landscaping treatment do not fill in or interfere with utilities, ditches,
swales, drainage structures or Village maintenance and operations and
complies with the conditions established in the Boulevard Improvement
Permit;
3.3.5 An Owner that is granted a Boulevard Improvement Permit must carry out
such improvements strictly in accordance with the conditions of that
Boulevard Improvement Permit.
3.3.6 Village Officials may revoke without compensation a Boulevard
Improvement Permit if the holder of the Boulevard Improvement Permit
has failed to comply with the regulations of this Bylaw or with a condition of
the Boulevard Improvement Permit.
3.3.7 Every Owner of property adjacent to an Improved Boulevard must, in
addition to any other maintenance obligations set out in this Bylaw,
maintain such Improved Boulevard by sufficiently watering and keeping
trim any additions as approved in the permit.
3.3.8 All landscaping placed in an Improved Boulevard could be removed by the
Village at any time and without notice, and will not be replaced, except
with soil and grass.
3.4
Snow and Ice Removal
3.4.1 Every owner, occupier or tenant of real property shall remove or cause the
removal of snow and ice from sidewalks and footpaths abutting the
property by 7:00 a.m. each day in order to maintain safe pedestrian
passage. The Village will provide snow clearing services on arterial
sidewalks or footpaths as per the Snow and Ice Removal Policy as
amended from time to time.
3.4.2 Notwithstanding section 3.4.1 of this Bylaw, where the accumulation of
snow and ice on a footpath, sidewalk, or roof creates a hazardous
condition, the owner or occupier of the real property on which the footpath,
sidewalk, or roof is located, or is adjoined by, shall immediately remove
the accumulation of snow and ice.
3.4.3 Snow collected on private property shall be stored within the private
property envelope. No owner, occupier or tenant of real property shall
deposit snow originating from private property on Village highways,
roadway, sidewalks, lanes or parking areas.
3.4.4. Owners, occupiers or tenants of commercial and residential properties
may store snow from sidewalks and parking lots in certain areas within the
Village boundaries as designated by the Village.
3.5
Village and Utility Company Action
3.5.1 The Village may, without notice or compensation to any person, remove or
prune any tree or shrub upon a Boulevard that is deemed by the Village to
be a nuisance to public property or to a utility installation, or that interferes
with the safe and orderly movement of vehicular or pedestrian traffic.
3.5.2 The Village, and any utility company serving the Village, may, without
notice or compensation to any person, enter upon, disturb, and take over
any Boulevard for the purpose of maintaining or constructing a utility
service, including any works in connection with that utility service.
3.5.3 The Village is not responsible for damages to boulevard landscaping due
to road or ditch maintenance activities.
3.6
Restoration of the Boulevard After Construction
3.6.1 Upon completion of any work by the Village or Utility acting on behalf of
the Village which required the removal of any flower beds, plant shrubbery
and landscaping, the property owner may replace such vegetation with the
permission of the Village through a Boulevard Improvement Permit.
4. COMPLIANCE
4.1
If, in the opinion of the Village Official, the owner of real property or other
responsible person fails to comply with a requirement of this Bylaw, the
Village Official may issue an order requiring that the owner or other
responsible person bring the real property into compliance with the
provisions of this Bylaw within such time as the Village Official considers
appropriate in the circumstances.
4.2
Service of an order referred to in Section 4.1 will be sufficient if a copy of
the order is:
(a) served personally or mailed by prepaid registered mail to the
owner of the real property as shown on the current year's real
property assessment roll; and;
(b) either posted on the real property or delivered or mailed by
regular mail to the occupier of the real property.
4.3
Notice issued under section 4.2 herein must state:
(a) the civic address of the subject real property;
(b) the legal description of the subject real property;
(c) the particulars of the condition of the real property or other non-
compliance with this Bylaw to be remedied;
(d) that the non-compliance with this Bylaw must be remedied
within fourteen (14) days of the date of delivery of the notice, or,
in the case of snow, ice or rubbish on a highway, sidewalk,
footpath, lanes, parking areas or roadway within twenty-four
(24) hours from the time the snow, ice or rubbish is deposited
thereon.
(e) that if the owner or occupant fails to comply with the notice, the
Village may, without further notice, proceed to carry out the
work required, and the cost of such work will be added to the
taxes of the real property, and the owner or occupant or both
may be subjected to prosecution for an offence under this
Bylaw.
4.4 Notice issued under section 4.2 herein may give specific instructions to
remedy the accumulation of materials (rubbish or otherwise) of the real
property or other non-compliance with this Bylaw including, but not limited
to, any one or more of the following directions:
(a) remove unsightly accumulations of materials or rubbish from the
boulevard or ditches;
(b) remove snow, ice or rubbish from sidewalks footpaths, lanes,
parking areas, highway and roadways;
(c) clear the boulevard or ditch of brush, trees, noxious weeds or
other growths;
(d) cut grass or weeds present on the boulevard or ditch;
(e) prune trees or shrubs on the boulevard or ditch;
(f) otherwise remediate, maintain or repair the boulevard or ditch
as specified in the notice, so as to bring it into compliance with
this Bylaw.
4.5
If the owner of real property or other responsible person fails to comply
with the Village Officials compliance order within the time period specified
in such notice, the Village, by its workers or others, may at all reasonable
times and in a reasonable manner, enter the real property and bring about
such compliance at the cost of the defaulting owner or other responsible
person. Such costs shall consist of all costs and expenses incurred by the
Village to achieve compliance with this Bylaw including, without limitation,
administrative costs, costs to attend property by Village employees or its
contractors and the costs of removal, clean up and disposal.
4.6
If an owner of real property or other responsible person defaults in paying
the cost referred to in Section 4.5 to the Village within thirty (30) days after
receipt of a demand for payment from the Village, the Village may either
recover from the owner or other responsible person, in any court of
competent jurisdiction, the cost as a debt due to the Village, or direct that
the amount of the cost be added to the real property tax roll as a charge
imposed in respect of work or service provided to the real property of the
owner, and be collected in the same manner as property taxes.
4.7
Service of a demand for payment referred to in Section 4.6 will be
sufficient if a copy of the demand is served personally or mailed by regular
mail to the owner of the real property as shown on the current year's real
property assessment roll.
5.
ENFORCEMENT
The provisions of this Bylaw may be enforced by a designated Village
Official.
6.
PENALTY
6.1
Any person who: (Amendment Bylaw No. 918, 2021)
(a)
contravenes any provision of this Bylaw;
(b)
causes or allows any act or thing to be done in contravention
of any provision of this Bylaw; or
(c)
fails or neglects to do anything required to be done by any
provision of this Bylaw,
commits an offence.
6.2
Each day that a violation of any provision of this Bylaw continues to exist
is a separate offence against this Bylaw.
6.3
A person found guilty of an offence under this Bylaw is liable if: (Amendment
Bylaw No. 918, 2021)
(a)
proceedings are brought under the Offence Act (B.C.), to pay
a fine to maximum of $50,000 plus the costs of prosecution,
and any other order imposed;
(b)
a ticket is issued under the Village of Pemberton Municipal
Ticket Information Utilization Bylaw No. 845, 2018, to pay a
fine to a maximum authorized under that Act; or
(c)
a bylaw notice is issued under a bylaw made under the Local
Government Bylaw Notice Enforcement Act, to pay a penalty
to a maximum authorized under that Act.
7.
SEVERABILITY
7.1
If any part, section, sub-section, clause, or sub-clause of this bylaw is, for
any reason, held to be invalid by the decision of a Court of competent
jurisdiction, such decision does not affect the validity of the remaining
portions of this bylaw.
8. COMMENCEMENT
The provisions of this Bylaw shall take effect on the day of adoption.
READ A FIRST TIME this 2nd day of October, 2012.
READ A SECOND TIME this 2nd day of October, 2012.
READ A THIRD TIME this 2nd day of October, 2012.
ADOPTED this 16th day of October, 2012.
____________________
____________________________
Mayor
Corporate Officer