Property Maintenance Bylaw No. 1400, 1991 - Consolidated Version — full text

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26662v3 1 | P a g e THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW Bylaw No. 1400, 1991 and amendments thereto CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws listed below. The amending bylaws have been consolidated with the original bylaws for convenience only. Certified copies of the original bylaws should be consulted for all interpretations and applications of the bylaws on this subject. BYLAW NO. ADOPTED AMENDED SECTION(S) 1400, 1991 April 16, 1991 Original 1940, 1999 April 13, 1999 Schedule A 2472, 2010 October 5, 2010 Sections 5 and 7 ______________________________________________________________________________ The bylaw numbers in bold at the end of the clause refer to the bylaws that amended the principal bylaw. THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 2 | P a g e A Bylaw to Establish Required Standards for the Maintenance of Real Property and to Prohibit Littering. WHEREAS Section 932(g), of the Municipal Act, R.S.B.C. 1979, c. 290, and amendments thereto, provides Council with the authority, by bylaw, to prohibit persons from causing or permitting water, rubbish or noxious, offensive or unwholesome matter to collect or accumulate around their premises, or from depositing or throwing bottles, broken glass or other rubbish in any open place; AND WHEREAS Section 932(h), of the Municipal Act, provides Council with the authority, by bylaw, to prohibit persons from placing graffiti on walls, fences or elsewhere on or adjacent to a public place and prohibits the owners or occupiers of real property from allowing property to become or remain unsightly, and to require the owners or occupiers of real property, or their agents, to remove from it unsightly accumulations of filth, discarded materials, rubbish or graffiti; AND WHEREAS Section 932(k), of the Municipal Act, provides Council with the authority, by bylaw, to require the owners or occupiers of real property, or their agents, to clear the property of brush, trees, noxious weeds or other growths; AND WHEREAS Section 932(l), of the Municipal Act, provides Council with the authority, by bylaw, to require the owners or occupiers of real property, or their agents, to prevent infestation by caterpillars and other noxious or destructive insects, and to require the owners or occupiers to clear the property of caterpillars and other noxious or destructive insects; AND WHEREAS Section 932(m), of the Municipal Act, provides Council with the authority, by bylaw, to prohibit the posting, exhibiting or distributing of placards, playbills, posters, advertising, writings or pictures, or the writing of words, or the making of pictures or drawings which are indecent or may tend to corrupt or demoralize, on walls, fences or elsewhere, on or adjacent to a highway of public place; AND WHEREAS Section 579(2), of the Municipal Act, provides Council with the authority, by bylaw, to require the owner or occupier of real property to remove snow, ice or rubbish from sidewalks and footpaths bordering his real property or from the roof or other part of a structure adjacent to a highway; AND WHEREAS Sections 934.1, 934.2 and 934.3, of the Municipal Act, provide Council with the authority, by bylaw, to designate that a bylaw shall come within the category of bylaws enforceable by means of a ticket, and authorize a bylaw THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 3 | P a g e enforcement officer to lay an information and issue a summons by means of a ticket for a contravention of a bylaw; NOW, THEREFORE, the Council of The Corporation of the District of Pitt Meadows, in open meeting assembled, ENACTS AS FOLLOWS: 1. This Bylaw may be cited as the "Property Maintenance Bylaw No. 1400, 1991". 2. In this Bylaw: "bylaw enforcement officer" means the person appointed as such by the Council; "closed structure" means a structure the contents of which are not visible to the public from a highway, a public place or from private property other than that on which the structure is located; "Council" means the municipal Council of the District of Pitt Meadows; "Municipality" means the geographical area comprised within the boundaries of the District of Pitt Meadows; "noxious weed" means any weed the seed thereof to the extent the weed is designated by the regulations under the Weed Control Act, R.S.B.C. 1979, c. 432 and amendments thereto, and shall include, but shall not be limited to: Canada Thistle - (Cirsium arvense (L.) Scop.) Dodder - (Cuscuta spp.) Diffuse Knapweed - (Centaurea diffusa Lam.) Spotted Knapweed - (Centaurea maculosa L.) Russian Knapweed - (Centaurea repens L.) Sow Thistle, annual perennial - (Sonchus spp.) Leafy Spurge - (Euphorbia esula L.) Common Toadflax spp. - (Linaria vulgaris Hill) Dalmation Toadflax spp. - (Linaria dalmatica L.) Wild Oats - (Avena fatua L.) Dandelions - (Taraxacum officinale) "highway" includes a street, road, lane, bridge, viaduct and any other way open to public use, but does not include a private right of way on private property; THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 4 | P a g e "unsightly" includes but is not limited to: (a) the accumulation of building material on any property other than premises licensed for such under a business licensing bylaw of the District of Pitt Meadows, unless the owner or occupier of the property is in possession of a valid building permit or unless the accumulation is stored in a closed structure; (b) the storage or accumulation of all or part of any motor vehicle which is not: (i) validly registered and licensed in accordance with the Motor Vehicle Act, R.S.B.C. 1979, c. 288 and amendments thereto, or (ii) capable of movement under its own power, unless stored in a closed structure; (c) the accumulation of filth, discarded materials or rubbish of any kind, including but not limited to ashes, dead animals, paper, cardboard, tin cans, leaves, wood, bedding, crockery, glass, bags and appliances; (d) the accumulation or deposit of discarded or fallen building materials, including the surface, covering or coating material of a building or structure, or the building or structure itself or part thereof which is missing all or a portion of its surface, covering or coating material; (e) the exterior storage or accumulation of solid fuels, including coke, but excluding wood on any site used for residential premises; (f) the accumulation of mechanical equipment including bulldozers, graders, backhoes or other similar heavy construction equipment on any site in the Municipality where such site is not zoned for such use and, where zoned, if the accumulation of equipment is unsightly and not stored in a closed structure; (g) the presence of graffiti, whether in the form of pictures or words, on real property or on the surface of premises located on real property. THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 5 | P a g e 3. No person shall cause or permit water, rubbish or noxious, offensive or unwholesome matter to collect or accumulate in, on, over or around their premises. 4. No person shall deposit or throw bottles, cans, broken glass or other rubbish in or on any highway or public place, or any place on private property visible from a highway, a public place or other private property. 5. No owner or occupier of real property shall cause or permit the property to become or remain unsightly. 6. Every owner and occupier of real property, or his agent, shall remove from the property any unsightly accumulation of filth, discarded material and rubbish. (Bylaw No. 2472, 2010) 7. Every owner or occupier of a building or structure of real property , or his agent, or part thereof is required to remove from the real property any accumulations or deposits of fallen or discarded building materials. 8. Every owner or occupier of real property, or his agent, shall prevent infestation by caterpillars and other noxious or destructive insects, and shall clear the property of caterpillars and other noxious or destructive insects. 9. Every owner or occupier of real property, or his agent, shall clear the property of brush, trees, noxious weed, wild grass and other untended growths. 10. Pursuant to the Weed Control Act, R.S.B.C. 1979, c. 432 as amended, the bylaw enforcement officer shall be the Weed Control Officer within the Municipality and shall be authorized to enforce those provisions of the Weed Control Act on behalf of the Council. 11. No person shall cause or permit the posting, exhibiting or distributing of placards, play bills, posters, advertising, writing or pictures, or the writing of words, or the making of pictures or drawings which are indecent or may tend to corrupt or demoralize, on walls, fences or elsewhere, on or adjacent to a highway or public place. 12. Every owner or occupier of real property shall remove snow, ice or rubbish from sidewalks, stairs, ramps and foot paths bordering the real property and from the roof or other part of a structure located on the real property adjacent to the highway and from walkways, ramps and stairways on the real property which are open to the public. THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 6 | P a g e 13. Every person found guilty of an infraction of this Bylaw shall be liable upon summary conviction to a penalty not exceeding Two Thousand Dollars ($2,000.00) and the cost of prosecution for each offence and every day during which there is an infraction of this Bylaw shall constitute a separate offence. 14. Where any person fails to comply with sections 3, 4, 5, 6, 7, 8, 9 or 10 of this Bylaw, the bylaw enforcement officer may give written notice to that person, by registered mail or by certified mail addressed to the address of the property or the address of the owner as shown as of the date of the notice on the assessment roll, or by personal service to the owner or occupier of the property, to comply within fourteen (14) days of delivery of the notice and, in the event of failure by the owner or occupier to comply with the notice, Council may, by its employees or other persons, at reasonable times and in a reasonable manner, enter on the property and effect the removal of the offending material at the expense of the person who has failed to comply. 15. The cost of effecting any removal pursuant to section 15 of this Bylaw shall be payable by the person in default and due immediately upon removal, and if such charge remains unpaid on December 31 in the year that the removal was done, the costs shall be added to and form part of the taxes payable on the property as taxes in arrear. 16. Where any material is removed from property pursuant to section 15 hereof, Council may, by its employees or other persons, sell or dispose of the material and no liability shall attach to the District of Pitt Meadows, its employees or other persons, for any material sold or disposed of in accordance with the provisions of this Bylaw. 17. Pursuant to sections 934.1 and 934.2 of the Municipal Act, a bylaw enforcement officer may lay an information and issue a summons by means of a ticket for a contravention of this Bylaw, which ticket shall be in the form set out in Schedule "A" attached to and forming part of this Bylaw. 18. When laying an information by means of a ticket, a bylaw enforcement officer shall indicate on the ticket the offence charged and the fine imposed under this Bylaw, and shall sign the ticket. 19. The ticket may, without the swearing of an information, be delivered by a peace officer or other person authorized by this Bylaw, or by registered mail to the person charged with an offence therein, and delivery of the ticket to the person shall be deemed to be personal service of the ticket upon that person. THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 7 | P a g e 20. The person to whom a ticket has been delivered may, in accordance with the instructions indicated on the ticket, pay the fine within 14 days after the date of service or indicate on the ticket that the person wishes to dispute the charge, in which case the person shall deliver the ticket to the Council at the address indicated on the ticket. 21. Where any person has paid the fine specified in any ticket for a violation of this Bylaw, no proceedings in respect of that violation shall be brought under this Bylaw. 22. The bylaw enforcement officer may at all reasonable times enter upon any property in the Municipality in order to ascertain whether the regulations and requirements of this Bylaw are being observed. 23. If any portion of this Bylaw is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this Bylaw. 24. "District of Pitt Meadows Untidy Premises Bylaw No. 983, 1983" is hereby repealed. READ a first time the 5th day of February, 1991. READ a second time the 5th day of February, 1991. READ a third time the 3rd day of April, 1991. RECONSIDERED AND ADOPTED the 16th day of April, 1991. Mayor Clerk THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 8 | P a g e SCHEDULE A (Bylaw No. 1940, 1999) THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 9 | P a g e THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 10 | P a g e THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 11 | P a g e THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 12 | P a g e THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 13 | P a g e THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 14 | P a g e THE CORPORATION OF THE DISTRICT OF PITT MEADOWS PROPERTY MAINTENANCE BYLAW NO. 1400, 1991 26662v3 15 | P a g e