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CONSOLIDATED FOR CONVENIENCE COPY
CITY OF PORT MOODY
BYLAW NO. 1488
A bylaw to regulate untidy and unsightly premises
WHEREAS pursuant to Section 932(h) of the Municipal Act, being Chapter 290 of the
Revised Statues of British Columbia, 1979, and amendments thereto, the Municipal
Council may by Bylaw prohibit the owners or occupiers of real property from allowing the
property to become or to remain untidy or unsightly;
NOW THEREFORE, the Municipal Council of the City of Port Moody, in open meeting
assembled, enacts as follows:
1.
Title
This Bylaw may be cited for all purposes as "City of Port Moody Untidy and
Unsightly Premises Bylaw, 1980".
2.
Repeal
Bylaw No. 1220 cited as "City of Port Moody Untidy and Unsightly Premises
Bylaw, 1975", is hereby repealed.
3.
Interpretation
In this Bylaw, unless the context otherwise requires:
"City" means the City of Port Moody;
"Council" means the Council of the City of Port Moody;
"Discarded Materials" means and includes all material not in use for the
construction, maintenance, or as part of the equipment or furnishings of the
building situated on the premises and includes apparatuses, motor vehicles, or
other chattels in a dismantled or partially dismantled state not in use for the
purposes for which they were constructed or intended, and occupying a place
open to public view;
"Bylaw Enforcement Officer" means the person appointed as the Bylaw
Enforcement Officer of the City of Port Moody;
"Motor Vehicle Act" means the Motor Vehicle Act of the Province of British
Columbia, R.S.B.C., 1979, Chapter 288 and amendments thereto;
"Motor Vehicle" means a motor vehicle as defined by the Motor Vehicle Act;
CITY of Port Moody "Untidy and Unsightly Premises Bylaw, 1980, No. 1488"
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3.
Interpretation (continued)
"Occupier" means a person occupying a property within the City and includes the
registered owner of the Property;
"Order" mean an order issued pursuant to section 7 of this Bylaw;
"Owner" includes the registered owner of a Property and those persons defined
as owner in the Community Charter;
"Person" means any corporation, partnership or party, and the heirs, executors,
administrator, or other legal representatives of such person, to whom the context
can apply according to law;
"Solid Waste Container" means a metal or plastic container or plastic bag, or an
approved semi automated waste cart;
"Trailer" means a trailer as defined by the Motor Vehicle Act;
"Zoning Bylaw" means the City of Port Moody Zoning Bylaw, and amendments
thereto.
All other words or terms shall have the meaning assigned to them in the
"Municipal Act" or the "Health Act" or the "Motor Vehicle Act" of the Province of
British Columbia.
4.
Offences
(a)
No owner or occupier of real property in the City shall allow such property
to become or to remain untidy or unsightly, and shall be required to
maintain the said property in a neat and tidy condition in keeping with a
reasonable standard of maintenance prevailing in the neighbourhood.
(b)
No owner or occupier of real property in the City shall cause, suffer,
permit or allow such real property to become overgrown with brush,
noxious weeds, or other growth, or to become infested with caterpillars or
other noxious or destructive insects.
(c)
No owner or occupier of real property within the City shall cause, suffer,
permit or allow the accumulation of filth, discarded materials, *grafitti or
rubbish of any kind to accumulate upon such real property.
(d)
It shall be unlawful for any person in any residential zone as defined by
the "Zoning Bylaw" to store, keep, leave or maintain on any real property,
except in a building or structure lawfully erected or used as an enclosure,
the following:
i)
a motor vehicle or trailer which is unlicensed for the current year
under the "Motor Vehicle Act"; unless a permit has been issued by
the Bylaw Enforcement Officer;
4.
Offences (continued)
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ii) any part of the motor vehicle or trailer;
iii) firewood, unless neatly piled or stacked against a wall or fence;
iv) lumber, bricks, metal, but not including building materials being
used for construction purposes upon real property pursuant to a
building permit being in force or except as may be permitted under
provisions contained in the City of Port Moody Zoning Bylaw;
v) engines, machinery;
vi) discarded materials or rubbish of any kind;
vii) storage of boats, boat trailers or recreation vehicles except as
permitted under provisions of the City of Port Moody Zoning Bylaw.
5.
Adequate Container
(a)
Every Occupier shall acquire and maintain in good order and repair a
sufficient number of solid waste containers in which to store all rubbish
generated on the property.
(b)
No Occupier may permit rubbish to overflow the solid waste containers on
the property.
(c)
All solid waste containers must be kept lidded or closed and at all times
secured against disturbance by animals.
6.
Enforcement
(a)
It shall be the responsibility of the Bylaw Enforcement Officer to enforce
the provisions of this Bylaw.
(b)
Where the Bylaw Enforcement Officer is satisfied of the existence of a
violation of this Bylaw, he shall cause a notice to be served on the owner
of the lands or premises on which the violation exists, whether the
violation arises or continues by or from the act, default, or sufferance of
the owner, or of his tenant, or the occupier thereof, or from the nature of
the premises themselves if the same are unoccupied, requiring him to
abate the nuisance within a time to be specified in the notice, and to
execute such works and do such things as may be necessary for that
purpose.
(c)
In the event that an owner or occupier of real property on which a violation
of this Bylaw exists, should fail to abate that nuisance within the time
specified in the notice, the City by its workmen and others may, within
fifteen (15) days following written notice by registered mail to the owner,
enter and effect such abatement at the expense of the person so
defaulting; and the charges for so doing, if unpaid on the thirty-first day of
December in any year, shall be added to and form part of the taxes
payable in respect of that real property as taxes in arrears.
6.
Enforcement (continued)
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(d)
When a violation of this Bylaw exists and the materials appear to have a
monetary value, which exceed the cost of removal or clean-up, the Bylaw
Officer will proceed with an Order to Comply notice. The Order to Comply
will form part of this bylaw.
7.
Order to Comply
(a)
Where a person has failed to perform the obligations pursuant to the
provisions of this Bylaw and the materials in violation appear to have a
monetary value, which exceed the cost of removal or clean-up, the Bylaw
Officer may in accordance with this section, issue to such person an Order
to Comply with the requirements of this Bylaw in respect of which that
person is in default.
(b)
An Order to Comply shall be given in Form 1 attached to this Bylaw and
forming a part hereof.
(c)
An Order to Comply shall be sufficiently issued when the Bylaw Officer:
(i)
ascertains the registered owner of the real property and his address
from the real property assessment roll of the Municipality and mailing
a copy of the Order to Comply to such person by registered mail or
certified mail; and,
(ii) delivers a copy of the Order to Comply to an occupier of the real
property, to a mailbox or other receptacle for the receipt of mail or
messages, if any, or by posting a copy of it on the property.
(d)
Upon receipt of an Order to Comply, a person may appeal its issuance to
the Council of the Municipality who shall hear and determine the appeal
and either confirm, amend, or rescind the Order to Comply. Any such
appeal shall be brought forward in writing to the Clerk's office within fifteen
(15) days of the date of issuance of the Order to Comply.
(e)
Any time period set out in the Order to Comply shall be deemed to
commence immediately upon the completion of the last of the steps
required to be completed under Section 6(c) of this Bylaw, expect in the
case of any appeal under Section 6(d), in which case the time period shall
be deemed to commence immediately upon the issuance of Council's
decision on the appeal.
8.
Protection of Bylaws
(a)
Nothing in this Bylaw contained shall relieve any person from complying
with the provisions (where applicable) of any other Bylaw of the City.
(b)
Provisions of the "Health Act", where applicable, are hereby incorporated
as part of this Bylaw.
Added by
BL2710
Amended
by BL2710
CITY of Port Moody "Untidy and Unsightly Premises Bylaw, 1980, No. 1488"
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9.
Penalties
(a)
Every person, firm or corporation who violates any of the provisions of this
Bylaw, or who causes, suffers or permits any act or thing to be done in
contravention or in violation of any of the provisions of this Bylaw, or who
neglects or refrains from doing anything required to be done by any of the
provisions of this Bylaw, or who carries out or who suffers, causes or
permits to be carried out any work in a manner prohibited by or contrary to
any of the provisions of this Bylaw or who fails to comply with the order,
direction or notice given under this Bylaw shall be deemed to be guilty of
an offence against this Bylaw and shall be liable to the penalties hereby
imposed.
(b)
Every person, firm or corporation violating any provisions of this Bylaw
shall be liable on summary conviction to a fine of not more than Five
Hundred ($500.00) dollars.
(c)
A separate offence shall be deemed to be committed on each day during
or on which a violation occurs or continues.
10. Offences and Fines
Offences for which tickets can be issued and fines imposed are prescribed in the
Municipal Ticket Information Utilization Bylaw.
11. Effective Date
This Bylaw shall come into force and take effect upon adoption thereof.
BYLAW 1488 ADOPTED
December 18, 1980
AMENDMENT No, 1, 1996, No. 2301
December 16. 1996
AMENDMENT No. 2, 1980, No. 2710
July 11, 2006
AMENDMENT No. 3, 2015, No. 3024
Oct 27, 2015
Amended by
BL2710
Added by
BL2710
Amended
by BL2710
CITY of Port Moody "Untidy and Unsightly Premises Bylaw, 1980, No. 1488"
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APPENDIX "A" HAS BEEN REMOVED
BY BL3024
CITY of Port Moody "Untidy and Unsightly Premises Bylaw, 1980, No. 1488"
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