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City of Port Coquitlam | Property Standards and Nuisance Abatement Bylaw, 2020, No. 4190
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CITY OF PORT COQUITLAM
PROPERTY STANDARDS AND NUISANCE ABATEMENT BYLAW, 2020
Bylaw No. 4190
A Bylaw of the City of Port Coquitlam to regulate, prohibit, and impose requirements in relation
to property maintenance, the abatement of nuisance, and to provide for recovery of the costs of
nuisance abatement where undertaken by the City.
1.
CITATION
This Bylaw is cited as "Property Standards and Nuisance Abatement Bylaw, 2020, No.
4190".
2.
INTERPRETATIONS
2.1
Words or phrases defined in the British Columbia Interpretation Act, Motor Vehicle
Act, Community Charter or Local Government Act or any successor legislation,
shall have the same meaning when used in this Bylaw unless otherwise defined in
this Bylaw.
2.2
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.
3.
DEFINITIONS
3.1
In this Bylaw:
"Building Materials" means items used in the construction of structures or in landscaping,
including, but not limited to lumber, gypsum board, windows, doors, roofing materials,
scaffolding, equipment, tools, bricks, building blocks, fill, sand, and soil;
"Building Inspector" means any building inspector or official including Chief Building
Inspector and Manager of Building;
"Bylaw Enforcement Officer" means every person employed by the City for the purpose
of enforcement of the City's bylaws and includes members of the Royal Canadian Mounted
Police;
"Bylaw Services Manager" means the person appointed as Bylaw Services Manager or
their designate;
"Council" means the Municipal Council of the Corporation of the City of Port Coquitlam;
"Derelict" means
a)
physically wrecked or dilapidated;
City of Port Coquitlam | Property Standards and Nuisance Abatement Bylaw, 2020, No. 4190
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b)
in the case of a Motor Vehicle, incapable of operating under its own power
or lacking number plates for the current year pursuant to the regulations
under the Motor Vehicle Act, RSBC 1996, c. 318; and
c)
in the case of a trailer, incapable of being towed in the manner a trailer is
normally towed.
"Discarded Materials" include all materials not in use for the construction or maintenance
of a building situated on that property, appliances, Motor Vehicle parts, machinery,
firewood (unless it is neatly piled or stacked against a wall or fence), and any other chattels
in a dismantled state or not in use for the purpose for which the manufacturer intended;
"Fire Inspector" means any Fire Prevention Officer including Fire Prevention Inspectors,
Fire Prevention Captains or Deputy Fire Chief, Fire Protective Services & Public
Education;
"Graffiti" includes one or more letters, symbols, writing, pictures or marks, however made,
posted, scratched, etched, painted or drawn on any structure or thing but does not include
any of the following:
a)
a sign, public notice or traffic control devices authorized by the Director of
Engineering appointed by Council of the City of Port Coquitlam;
b)
a sign authorized by the Sign Bylaw, No. 2638 as amended or replaced
from time to time;
c)
a public notice authorized by a City bylaw or by provincial or federal
legislation; or
d)
a letter, symbol or mark on a building or structure for which the owner or
tenant of the building or structure has given prior, written authorization,
such as a mural;
"Public Place" includes every street, road, land, boulevard, sidewalk, lane, bridge, viaduct
and any other way open to public use and any park, building, conveyance, private place
or passageway to which the public has, or is permitted to have access or is invited;
"Motor Vehicle" means a device in, upon, or by which a person or thing is or may be
transported or drawn upon a highway, except a device designed to be moved by human
power or used exclusively upon stationary rails or tracks;
"Noxious Weed" means any weed designated by regulation to be a Noxious Weed
pursuant to the British Columbia Weed Control Act RSBC 1996 Chapter 487;
"Nuisance Abatement Fees" means the fees, charges and amounts stated in the City's
Fees and Charges Bylaw No. 3892;
"Nuisance at Law" means the essence of the tort of nuisance is interference with the
enjoyment of land.
"Nuisance Service Call" means a response by a bylaw enforcement officer, building
inspector member of the fire department or member of the RCMP to, or abatement of, any
activity, conduct or condition occurring on or near real property that is contrary to a
provision within sections 4, 5, 6 or 7 of this Bylaw;
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"Rubbish" means solid and semi-solid wastes, dead animals, feces, paper, trash, refuse,
cardboard, waste material, demolition material, cans, bottles, yard clippings, wood, rubber,
plastics, glass, bedding, mattresses, crates, pallets, rags, barrels, boxes, scrap iron and
other metal, scrap paving material, broken flower pots, discarded tanks of fuel and
propane, dilapidated motor vehicles, discarded household appliances, and discarded
furniture.
4.
GENERAL PROHIBITION
4.1
No owner or occupier of real property shall cause or permit any act to be done on
that real property which constitutes a nuisance at law.
4.2
No owner or occupier of real property shall cause or permit any act which
unreasonably interferes with another person or owner's use and enjoyment of their
property or of a public place.
4.3
No owner or occupier of real property shall cause or permit any act which is an
offence under the Controlled Drugs and Substances Act, 1996 chapter 19, Criminal
Code of Canada R.S.C., 1985, c. C-46, or the Liquor Control and Licensing Act,
R.S.B.C., c. 267.
5.
LIGHTING
5.1
An owner or occupier of real property shall ensure that an outdoor light on the
property is shielded by a shade or fixture such that the light source does not create
a nuisance.
5.2
This section does not apply to outdoor lighting emanating from:
a)
streetlights;
b)
vehicle lights;
c)
lights on playing fields;
d)
lights on school playgrounds.
6.
GENERAL PROPERTY MAINTENANCE
6.1
An owner or occupier of real property must not cause, allow or permit with respect
to that real property:
a)
the storage of Discarded Materials, Rubbish, Derelict Vehicles or Motor
Vehicle parts, household chattels and fixtures, furniture, appliances, and
other household items of value unless the item is in a closed building or
permitted temporary structure;
b)
the parking or storage of a Motor Vehicle, boat, trailer or recreational
vehicle:
(i)
on a landscaped portion of real property; or
(ii)
on a landscaped portion of a boulevard; or
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(iii)
in a dismantled condition or state of disrepair including, but not
limited to, mould growth or one or more flat tires unless the item is
in a closed building or permitted temporary structure;
c)
grass, weeds or similar ground cover to be over 15 centimeters in height;
d)
a building or structure or parts thereof to become dilapidated, collapsed or
unfinished, including to have holes, breaks, rot, crumbling, cracking,
peeling, rusting, missing siding, one or more tarps or plastic covering a roof,
or any other evidence of physical decay or neglect or excessive use or lack
of maintenance;
e)
the accumulation of building materials for more than 15 days in a calendar
year unless they are in a closed building or structure such that they are not
visible from any other property or public place;
f)
a fence, retaining wall, or wood ties to become unstable or unsafe, or be
rotting, crumbling, cracking, leaning, peeling, or rusting;
g)
the accumulation or growth of Noxious Weeds;
h)
the accumulation of uncontrolled growth, cut tree branches, dead trees,
leaves, dead bushes or other growth, unstacked firewood, dirt piles, or
uncontained compost material;
i)
Graffiti to remain on Motor Vehicles, buildings, walls, fences or elsewhere
in, or visible from a public place;
j)
water to collect or accumulate in a pond, swimming pool, hot tub or as
surface water such that it becomes sufficiently stagnant to permit the
breeding of mosquitoes, other insects, mould, algae or other similar
organisms.
6.2
For the purpose of section 6.1, storage within a building or structure does not
include covering an item with a tarp or other cover.
7.
OBJECTIONABLE NOISE
7.1
No owner or occupier of real property shall allow or permit such real property to be
used so that noise or sound which emanates therefrom is liable to disturb the quiet,
peace, rest, enjoyment, comfort, or convenience of individuals or the public,
including, but not limited to yelling, shouting, screaming or profane language.
7.2
No owner or occupier of real property shall make, cause, or permit to be made or
caused, noise or bass sound of a radio, television, player, or other sound playback
device, public address system, or any other music or voice amplification
equipment, musical instrument, whether live or recorded or live, whether amplified
or not, in or on private property in such manner that is liable to disturb the quiet,
peace, rest, enjoyment, comfort, or convenience of individuals or the public.
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8.
COMPLIANCE ORDER
8.1
If an owner or occupier of real property fails to comply with a requirement of this
Bylaw, then a Bylaw Enforcement Officer may issue an order requiring that an
owner or occupier of the real property bring the real property into compliance with
the provisions of this Bylaw within such time as a Bylaw Enforcement Officer
considers appropriate in the circumstances.
8.2
If an owner or occupier of real property fails to comply with the Bylaw Enforcement
Officer's Compliance Order within the time period specified in such notice, the City,
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.
8.3
Such costs shall consist of all costs and expenses incurred by the City to achieve
compliance with Section 6 of this Bylaw including, without limitation, administrative
costs, costs to attend property by City employees or its contractors as stipulated
in Schedule N, of the City's Fees and Charges No. 3892 and the costs of removal,
clean up and disposal.
8.4
If an owner or occupier of real property defaults in paying the cost referred to in
Section 8.2 to the City within 30 days after receipt of a demand for payment from
the City, the City may either recover from the owner or occupier, in any court of
competent jurisdiction, the cost as a debt due to the City, or if such costs remain
unpaid by December 31 of the year in which they are owing, the costs may be
recovered as property taxes in arrears in accordance with Part 14 of the
Community Charter.
8.5
Service of the Compliance Order referred to in Section 8 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;
b)
regular mail; and
c)
either posted on the real property or delivered to the occupier of the real
property.
8.6
When an order is not served in accordance with Section 8.5 (a), such order is
deemed to have been served on the third day after mailing in accordance with
Section 8.5 (b).
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9.
FIRST APPEAL AGAINST COMPLIANCE ORDER
9.1
The owner of real property who may be subject to a Compliance Order, may appeal
to the Bylaw Services Manager at least 7 days prior to the expiration of the time
given in the Compliance Order.
9.2
The owner of the real property may only appeal in written form.
9.3
The Bylaw Services Manager shall determine the appeal by confirming, amending
or rescinding the Compliance Order.
10.
FINAL APPEAL AGAINST COMPLIANCE ORDER
10.1
The owner of real property who may be subject to a Compliance Order, may appeal
to Council at least 72 hours prior to the expiration of the time given in the
Compliance Order.
10.2
The owner of the real property must be given 72 hours advance notice of the
meeting at which Council will hear an appeal.
10.3
The owner of the real property may appeal in person or in written form.
10.4
Council shall determine the appeal by confirming, amending or rescinding the
Compliance Order.
10.5
Council's decision shall be final.
11.
REPEAT NUISANCE SERVICE CALLS
11.1
Where a Bylaw Enforcement Officer, member of the fire department or member
of the RCMP are required to respond to real property for:
a)
more than one Nuisance Service Call within a 24 hour period; or
b)
more than three Nuisance Service Calls within a 12 month period;
the owner of the real property shall be liable to pay Nuisance Abatement Fees in
accordance with the amounts set out in the City's Fees and Charges Bylaw No.
3892 or each additional Nuisance Service Call responded to at that same real
property within the 12 month period following the date of the notice referred to in
Section 11.3.
11.2
Despite section 11.1 of this Bylaw, where legal title to the real property is
transferred, Nuisance Service Calls occurring before the date the new owner
obtains legal title to the real property shall not apply to the determination under
section 11.1 of this bylaw whether Nuisance Abatement Fees are payable or with
respect to the amount that is payable. The new owner shall, in any event, be liable
for all unpaid Nuisance Abatement Fees imposed against the real property in
respect of past Nuisance Service Calls.
City of Port Coquitlam | Property Standards and Nuisance Abatement Bylaw, 2020, No. 4190
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11.3
Before an owner of real property is liable to pay Nuisance Abatement Fees, the
City shall provide written notice to the owner that:
a)
describes the nature of the contravention or nuisance conduct, activity or
condition that have resulted in Nuisance Service Calls; and
b)
advises the owner of Nuisance Abatement Fees and that such fees are in
addition to the City's right to seek other legal remedies or actions for
abatement of the nuisance or contravention.
11.4
Service of the notice referred to in 11.3 will be sufficient if the notice:
a)
in the case of service on an individual, is served personally or mailed by
prepaid registered mail to the address of the owner shown on the current
year's real property assessment roll for the real property for which the
notice is issued;
b)
in the case of service on a corporation, is served personally on a director,
officer or manager of the corporation or by leaving it at or mailing it by
prepaid registered mail to the registered office of the corporation.
11.5
Nuisance Abatement Fees shall be paid by the owner within 30 days of receipt of
an invoice from the City.
11.6
If Nuisance Abatement Fees are imposed in relation to real property remains
unpaid by December 31 of the year in which it is owing, the fee may be recovered
as property taxes in arrears in accordance with the Community Charter.
11.7
The City may impose Nuisance Abatement Fees despite a person not being
charged with an offence relating to a contravention of this Bylaw or the person
being charged with an offence relating to a contravention of this Bylaw being
acquitted of any or all charges, including because the charges are withdrawn,
stayed or otherwise do not proceed.
12.
APPEAL AGAINST NUISANCE ABATEMENTS FEES
11.1
The owner of real property who may be subject to Nuisance Abatement Fees may
appeal to Council within 14 days of receipt of a notice to pay.
11.2
The owner of the real property must be given 72 hours advance notice of the
meeting at which Council will hear an appeal.
11.3
The owner of the real property may appeal in person or in written form.
11.4
Council shall determine the appeal by confirming, amending or rescinding the
Nuisance Abatement Fees.
11.5
Council's decision shall be final.
13.
ENFORCEMENT & INSPECTIONS
City of Port Coquitlam | Property Standards and Nuisance Abatement Bylaw, 2020, No. 4190
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13.1
The provisions of this Bylaw may be enforced by any Bylaw Enforcement Officer.
13.2
Any Bylaw Enforcement Officer may enter, in accordance with Section 16 of the
Community Charter, upon any property subject to this Bylaw in order to inspect
and determine whether all regulations, restrictions and requirements are being
met.
13.3
No person shall interfere with, or attempt to obstruct a Bylaw Enforcement Officer
who is conducting an inspection or enforcement action in relation to this Bylaw.
13.4
No person shall provide false or misleading information to a Bylaw Enforcement
Officer.
14.
OFFENCE AND PENALTIES
14.1
Notwithstanding the offence and penalties as provided under the Community
Charter or Local Government Act, the following will apply:
a)
a violation of any of the provisions identified in this Bylaw will result in
liability for penalties and late payment amounts established in the City's
Bylaw Notice Enforcement Bylaw.
b)
a Person who:
(i)
contravenes, violates or fails to comply with any provision of this
Bylaw;
(ii)
suffers or allows any act or thing to be done in contravention or
violation of this Bylaw; or
(iii)
fails or neglects to do anything required to be done under this
Bylaw;
is deemed to have committed an infraction of, or an offence against, this
Bylaw; and is liable on summary conviction to a fine of not more than
$50,000.00; and
c)
each day such infraction is caused, or allowed to continue, constitutes a
separate offence.
15.
NO DUTY OF CARE
Neither failure to enforce this Bylaw, nor any error, omission, or other neglect in relation
to the enforcement of this Bylaw, shall be interpreted as giving rise to a cause of action in
favour of any person.
City of Port Coquitlam | Property Standards and Nuisance Abatement Bylaw, 2020, No. 4190
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16.
REPEAL
The City of Port Coquitlam Property Maintenance Bylaw, No. 2945 as amended, is
repealed.
READ A FIRST TIME this
13th day of
October, 2020
READ A SECOND TIME this
13th day of
October, 2020
READ A THIRD TIME this
13th day of
October, 2020
ADOPTED this
27th day of
October, 2020
B. WEST
G. JOSEPH
Mayor
Corporate Officer
RECORD OF AMENDMENTS
Bylaw No.
Section(s) Amended
Date
4276
Definitions
2022-07-19