Pitt Meadows, British Columbia
· adopted 2016-10-18
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CITY OF PITT MEADOWS
NUISANCE ABATEMENT BYLAW NO. 2739, 2016
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A Bylaw to regulate, abate and prohibit nuisances within the corporate boundaries of the
City of Pitt Meadows and provide for the cost recovery of abatement nuisances.
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 City of Pitt Meadows in open meeting
assembled, enacts as follows:
SECTION 1 - TITLE
1.
This Bylaw may be cited as the "City of Pitt Meadows Nuisance Abatement
Bylaw Amendment Bylaw No. 2739, 2016".
SECTION 2 - DEFINITIONS
2.
In this bylaw, unless the context otherwise requires:
City means the City of Pitt Meadows;
Nuisance means an activity which substantially and unreasonably interferes with
a person's use and enjoyment of a public area or of land he or she occupies or
the right of the use and enjoyment of one's property, or which causes injury to
the health, comfort or convenience of an occupier of land and, if it does so,
without limiting the generality of the foregoing, may include an activity such as a
noisy party, a group of people making noise, loud music, car racing, revving
engines, yelling, shouting, screaming, fighting, littering, trespassing, irritations
and annoyances.
SECTION 3 - PROHIBITION
3.
No person shall cause a nuisance or permit the land he or she owns or occupies
to be used so as to cause a nuisance.
CITY OF PITT MEADOWS
NUISANCE ABATEMENT BYLAW NO. 2739, 2016
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SECTION 4 - NUISANCE ABATEMENT
4.1
A person who causes a nuisance or permits the land he or she owns or occupies
to be used so as to cause a nuisance, shall abate or cause to be abated an
activity which causes a nuisance.
4.2
The City may, by its employees, contractors and agents, abate or cause to be
abated an activity which causes a nuisance if the person who caused the
nuisance or permitted the land that he or she owned or occupied to be used so
as to cause a nuisance failed to comply with a direction from council to abate the
nuisance.
SECTION 5 - COST IMPOSITION
5.1
The City may impose the costs of abating a nuisance on one or more of the
following:
a) A person causing the nuisance;
b) The occupier of land from which the nuisance emanates; and
c) The owner of land from which the nuisance emanates.
SECTION 6 - COLLECTION
6.1
The City may recover the costs imposed under Section 5 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.
SECTION 7 - COSTS
7.1
The costs recoverable to nuisance abatement shall be those set out in Schedules
"A" to this Bylaw. Schedule "A" forms a part of this Bylaw and are enforceable in
the same manner as this Bylaw;
7.2
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.
CITY OF PITT MEADOWS
NUISANCE ABATEMENT BYLAW NO. 2739, 2016
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SECTION 8 - OTHER PROVISIONS
Severability
8.1
Each section of this Bylaw shall be severable. If any provision of this Bylaw is
held to be illegal or invalid by a court of competent jurisdiction, the provision may
be severed and the illegality or invalidity shall not affect the validity of the
remainder of this Bylaw.
Repeal
8.1
Bylaw 597, 1973, cited as the "Nuisance Bylaw" is hereby repealed.
READ a FIRST and SECOND time the 11th day of October, 2016.
READ a THIRD time the 11th day of October, 2016.
ADOPTED the 18th day of October, 2016.
Mayor John Becker
Corporate Officer Tina Penney
CITY OF PITT MEADOWS
NUISANCE ABATEMENT BYLAW NO. 2739, 2016
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SCHEDULE A
The costs referred to in section 7 of this Bylaw are to be determined in part by
multiplying the following hourly rates for any of the following individuals involved in the
abatement of a nuisance by the time spent by those individuals in the abatement of the
nuisance and if there is more than one individual the amounts for each individual are
added together to determine the cost imposed under this Schedule "A".
The following hourly rates apply for every hour which any of the following City
employees and RCMP use to deal with the abatement of the nuisance and depending
upon the day of the week, the time of day or the holiday status of when such services
are required the hourly rate may be increased by on and a half or two times.
Staff Costs
Hourly Rate in Dollars
Bylaw Enforcement Officer
$82.87 / hr
Building Inspector
$82.87 / hr
Corporal R.C.M.P
$64.59 / hr
Constable R.C.M.P
$61.36 / hr
Administration
Administration and Overhead Costs
15%