Property Maintenance Bylaw No. 8425, 2012 — full text

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Last Update: February 2017 Property Maintenance Bylaw Bylaw No. 8425, 2012 CONSOLIDATED VERSION CITY OF PRINCE GEORGE PROPERTY MAINTENANCE BYLAW NO. 8425, 2012 This is a consolidation of the bylaws listed below and includes amendments up to the date noted on the cover page. This document is for convenience only and is not the legal or official version. Certified copies of the original bylaws should be consulted for all interpretations and applications of the subject bylaw. Copies can be obtained through the Legislative Services Division at City Hall. AMENDING BYLAW EFFECTIVE DATE AMENDMENTS 8819, 2017 February 6, 2017 (Sections 19, 20, 21, 22, 23, 24, 25, 26, Schedules A and B) CITY OF PRINCE GEORGE BYLAW NO. 8425, 2012 A Bylaw of the City of Prince George to regulate the Standard for the Maintenance of Property (Land & Buildings) within the City of Prince George. WHEREAS the property values and the general welfare of the community are founded, in part, upon the appearance and maintenance of property in the City; AND WHEREAS unsightly conditions have been found to exist from place to place throughout the City; AND WHEREAS the existence of such conditions is detrimental to the welfare of the residents of the City and contributes substantially and increasingly to the deterioration of neighbourhoods; AND WHEREAS the abatement of such conditions will improve the general welfare and image of the City; AND WHEREAS pursuant to the City of Prince George's statutory powers, including Sections 7, 8, 9, 12, 15, 16, 17, 39, 154 and 155 of the Community Charter, Council may, by bylaw, regulate, prohibit and impose requirements with respect to this statutory authority; and AND WHEREAS the intent of the Property Maintenance Bylaw is to protect the community from unsightly, hazardous and blighting conditions that contribute to the deterioration of neighbourhoods; to provide for the abatement of such conditions; and to prescribe standards for the maintenance of property. NOW THEREFORE the Council of the City of Prince George, in open meeting assembled, ENACTS AS FOLLOWS: CITATION 1. (1) That this Bylaw may be cited for all purposes as the "City of Prince George Property Maintenance Bylaw No. 8425, 2012". (2) That the "City of Prince George Maintenance Bylaw No. 3302, 1978" is hereby repealed. DEFINITIONS 2. In this Bylaw, unless the context otherwise requires: "Accessory Building" means a building, the use or intended use of which is ancillary to that of the principal building situated on the same lot. "Alien Invasive Species" means the species of animals listed in Schedule 1 of the Spheres of Concurrent Jurisdiction - Environment and Wildlife Regulation B.C. Reg. 144/2004. Amending Bylaw Consolidated Bylaw No. 8425, 2012 Page 2 Last Updated: February 15, 2017 Document Number: 411499 "Authorized Person" means the person employed as the Manager, Bylaw Services, or a person or persons designated in writing by the Manager, Bylaw Services to carry out any act or function under this bylaw; "Building" means any structure used or intended for supporting or sheltering any use or occupancy. "Bylaw Enforcement Officer" means the Manager, Bylaw Services for the City, and every Bylaw Enforcement Officer employed to inspect and enforce any bylaw of the City. "City" means the City of Prince George. "Council" means the council of the City of Prince George. "Community Charter" means the Community Charter, SBC 2003, c. 26. "Dangerous Wildlife" means bear, cougar, coyote or wolf, or a species of wildlife that is prescribed as dangerous under the Wildlife Act, R.S.B.C. 1996, c.488. "Derelict Vehicle" means a Vehicle which is any one or more of the following: (a) physically wrecked or disabled; (b) not capable of operating under its own power; (c) not displaying a current and valid licence plate in accordance with the Motor Vehicle Act. "Graffiti" means one or more letters, initials, symbols, marks, slogans, designs or drawings howsoever made, on any sidewalk, wall, building, fence, sign or any other structure or surface but does not include marks made accidentally, or any of the following: (a) a sign, public notice or traffic control mark authorized by the head of the Operations Department; (b) a sign authorized pursuant to the City's applicable bylaw provisions regulating signs; (c) a public notice authorized by a City bylaw or by provincial or federal legislation; and (d) in the case of private property, a letter, symbol or mark authorized by the owner or occupant of the property on which the letter, symbol or mark appears. "Land" means any lot, block or other area in which land is held or into which it is subdivided and includes any improvement on a parcel but excludes streets, lanes, and city-owned parks and open spaces. "Motor Vehicle Act" means the Motor Vehicle Act, RSBC, 1996, c.318. "Noxious Weeds" means the plants designated as weeds in the Weed Control Act, R.S.B.C. 1996, c.487 and Regulations as amended from time to time. "Occupier" means any person who occupies Land, or who is qualified to maintain an action for trespass in respect of the Land, or who is in possession of the land under a lease, licence, agreement for sale or other agreement with the Owner of the Land. Consolidated Bylaw No. 8425, 2012 Page 3 Last Updated: February 15, 2017 Document Number: 411499 "Owner" means any person in relation to the Land who is the registered owner of an estate in fee simple, the tenant for life under a registered life estate, or the registered holder of the last registered agreement for sale. In the case of Crown or municipal owned Lands, Owner shall mean the Occupier of the Land. "RCMP" means the police force retained by the City. "Refuse" means all manner of rubbish or garbage, discarded or disused items, junk, filth, unused or dismantled aircraft, electronic devices, trailers, boats, vessels, machinery, old, discarded or unused mechanical or metal parts, glass or plastic bottles or objects, tin cans or other metal containers, paper, glass, pipes, dilapidated furniture, inoperative appliances and other similar things, unused wood or wood products excluding seasoned untreated wood or manufactured products cut in lengths for use as fuel in solid fuel burning appliances. "Unsightly Property" includes Land that displays any one or more of the following characteristics to such an extent that as a whole it looks unkempt, unmaintained, dilapidated or in disrepair: (a) the accumulation of Refuse, garbage, Graffiti, discarded materials, filth or Derelict Vehicles; (b) fencing materials that are broken, rotting, contain holes or cracks, or are rusted or covered with peeling paint; (c) landscaping plants, bushes and trees that are dead or are demonstrating uncontrolled growth; (d) building or structure or parts thereof that contains holes, breaks, rot or that is crumbling or cracking, or is covered with rust or peeling paint or any other evidence of physical decay or neglect or excessive use or lack of maintenance; or (e) any other similar conditions or disrepair and deterioration regardless of the condition of other properties in the neighbourhood. "Vacant" in relation to a Building means a Building that is not being used for its approved purpose or not occupied. "Vehicle" means any vehicle as defined in the Motor Vehicle Act and shall include, but not be limited to, snowmobiles, dirt bikes and all-terrain vehicles. "Wildlife" has the meaning prescribed in the Wildlife Act. "Wildlife Attractant" means any substance that could be reasonably expected to attract Dangerous Wildlife including, but not limited to, food products, pet food, seed, restaurant grease, or glass or metal ware or other item having contained food, but does not include game meat or the carcass of an animal defined as wildlife in the Wildlife Act and its Regulations as amended from time to time. "Wildlife Act" means the Wildlife Act, R.S.B.C., 1996, c.488. Consolidated Bylaw No. 8425, 2012 Page 4 Last Updated: February 15, 2017 Document Number: 411499 "Zoning Bylaw" means the City of Prince George Zoning Bylaw No. 7850, 2007, as amended or re-enacted from time to time. APPLICATION 3. The provisions of this Bylaw apply to all Land in the boundaries of the City, and, the Owner or Occupier of the Land shall be responsible for carrying out or causing to be carried out the work required under this Bylaw in accordance with the provisions of this Bylaw. UNSIGHTLINESS, UNSANITARY CONDITIONS AND GRAFFITI 4. (1) No Owner or Occupier shall cause or permit Refuse, garbage or noxious, offensive or unwholesome objects or materials from collecting or accumulating on or around the Land of that Owner or Occupier. (2) No Owner or Occupier shall cause or permit the Land of the Owner or Occupier to become or remain an untidy or Unsightly Property. (3) No Owner or Occupiers of Land shall cause or permit unsanitary conditions to exist on the Land of that Owner or Occupier. (4) No person shall place Graffiti in such a manner as to be visible from a highway, public place or other Lands. LITTERING 5. No Person shall deposit or throw Refuse, garbage or noxious, offensive or unwholesome objects or materials, on a highway, public place or Land without Buildings or structures. NOXIOUS WEEDS AND LAWN OVERGROWTH 6. (1) No Owner or Occupier shall cause or permit Noxious Weeds to grow or accumulate on the Land of that Owner or Occupier. (2) No Owner or Occupier shall cause or permit the lawn on the Land of that Owner or Occupier to grow in height beyond the prevailing standard in the neighbourhood but in any event, not beyond 10 (ten) inches in height. (3) No Owner or Occupier shall cause or permit any trees, hedges, bushes or shrubs or other growths that are a hazard to the safety of persons, likely to damage public property or seriously inconvenience the public to remain on the Land of that Owner or Occupier. Consolidated Bylaw No. 8425, 2012 Page 5 Last Updated: February 15, 2017 Document Number: 411499 DERELICT VEHICLES 7. No Owner or Occupier shall cause or permit the storage or accumulation on the Land of the Owner or Occupier of a Derelict Vehicle or parts of a Derelict Vehicle or of a wrecked, broken or dismantled trailer, boat or mechanical equipment unless the Zoning Bylaw permits the principle use of wholesaling or retailing, storing or parking of wrecked, broken or dismantled materials or equipment or Derelict Vehicles and only provided that they are stored in a manner so as not to be visible from another property, highway or other public place. DRIVEWAYS, SIDEWALKS AND BOULEVARDS 8. (1) Every Owner or Occupier shall maintain driveways, walkways, steps, and parking spaces on the Land of the Owner or Occupier in a clean, fit and safe condition free from the accumulation of Refuse, garbage or noxious, offensive or unwholesome objects or materials so as to ensure safe passage under normal use and weather conditions. (2) Every Owner or Occupier shall remove all accumulations of snow and ice from all footpaths and sidewalks on and adjoining the Land of that Owner or Occupier within 4 days of the snow or ice accumulating. (3) Every Owner or Occupier shall maintain outdoor lighting equipment and its supports shall be kept in safe and proper working condition. (4) Every Owner or Occupier shall maintain any fence on the Land of that Owner or Occupier that abuts a highway in good condition and repair. (5) Every Owner or Occupier shall immediately repair any fence on the Land of that Owner or Occupier that abuts a highway if the fence falls into a state of disrepair. (6) Where the Zoning Bylaw permits the keeping of livestock on Land, every Owner or Occupier of Land that abuts upon a highway is required to erect fences on the boundary of that part of the Land that abuts the highway for the purposes of preventing livestock from straying on the highway. PEST INFESTATIONS 9. Every Owner or Occupier of Land must prevent or cause to be prevented the infestation of the Land of the Owner or Occupier by vermin or other noxious or destructive insects or animals except Wildlife unless the Wildlife is an Alien Invasive Species or listed in Schedule B or C of the Designation and Exemption Regulation, B.C. Reg. 168/90 enacted under the Wildlife Act. Consolidated Bylaw No. 8425, 2012 Page 6 Last Updated: February 15, 2017 Document Number: 411499 WATER PONDING 10. (1) No Owner or Occupier shall cause or permit water to accumulate or pond on the Land of the Owner or Occupier, unless the ponding is a natural occurrence or approval to retain water on the Land was granted by an authority having jurisdiction and the water is being retained in accordance with that approval. (2) No Owner or Occupier shall cause or permit any excavation or basement area left after a Building or structure is demolished to become or remain filled with water. FEEDING WILDLIFE AND CONTROL OF WILDLIFE ATTRACTANTS 11. (1) No person shall store, handle or dispose of Wildlife Attractants in such a way that they are accessible to Dangerous Wildlife or members of the family Cervidae. (2) No person shall feed or attempt to feed Dangerous Wildlife, or deposit Wildlife Attractants in a place or manner that attracts Dangerous Wildlife or members of the family Cervidae. (3) No person shall place or allow a bird feeder on Land so that the bird feeder is accessible to Dangerous Wildlife. Every Owner or Occupier must keep the area below a bird feeder free of the accumulation of seed and debris from the bird feeder at all times. (4) No Owner or Occupier shall permit or allow fruit from a tree or bush to fall on the ground and accumulate in such a manner that it attracts or is likely to attract Dangerous Wildlife. (5) The regulations, prohibitions and requirements in sections 11(1)-(4) do not apply in the circumstances set out in section 2(3)(a)-(c) of the Spheres of Concurrent Jurisdiction - Environment and Wildlife Regulation 144/2004. DEMOLITION SITES 12. Every Owner or Occupier shall remove or cause to be removed from the Land of the Owner or Occupier all debris and material from a demolition of any Building or structure on the Land within two (2) weeks of the demolition having taken place. VACANT/UNSECURED BUILDINGS 13. (1) Every owner of a vacant Building must ensure that the Building is secure from unauthorized entry. Consolidated Bylaw No. 8425, 2012 Page 7 Last Updated: February 15, 2017 Document Number: 411499 (2) Every owner of a vacant Building that is open and unsecure shall secure the Building to the satisfaction of the Authorized Person or Bylaw Enforcement Officer within 24 hours of written notice from the Authorized Person delivered to the Owner's address as indicated in the City's Property Tax records or within 72 hours of the notice being posted on or near the front entrance to the vacant Building subject to the notice. (3) If the Owner or Occupier fails to comply with an order of the Authorized Person issued under paragraph 13 (2) of this Bylaw, the City, by its employees, contractors and agents may take action in accordance with section 17 of the Community Charter, S.B.C., 2003, c.26 to fulfill the requirements of the order of the Authorized Person and to recover the costs, including the administrative costs provided in Schedule A to this bylaw, from the Owner or Occupier of the Land which is subject to the order without further notification to the Owner or Occupier. (4) Every Owner or Occupier of a vacant Building secured against unauthorized entry by the City shall be issued an invoice for the costs incurred by the City to secure the Building within a reasonable time period after the work was completed and given an opportunity to appeal to Council regarding the amount of the invoice, provided the Owner or Occupier of the Land submits a written appeal to the Authorized Person with 14 days of the date of the invoice. (5) The appeal process provided in Paragraph 22 of this bylaw does not apply to this section. The appeal process for action taken pursuant to paragraph 13 (3) by the City to secure a Vacant/unsecured Building is provided in paragraph 13 (4). MAINTENANCE OF PROPERTY 14. (1) Nothing in this Part shall be deemed to prevent the lawful storage and keeping of material in or on any non-residential Land, if a lawful use requiring that material is conducted on the Land and the materials are stored in a neat and orderly fashion. (2) All Land shall be kept clean and free from accumulations of Refuse, junk, rubbish, brush, litter, garbage and other debris, and any conditions that are health, fire or other hazards. (3) All Land shall be kept clean and free from dilapidated, collapsed or unfinished structures. (4) All construction conducted on Land shall be carried out in a tidy and orderly fashion, and all construction materials and equipment shall be properly stored when not in use. Consolidated Bylaw No. 8425, 2012 Page 8 Last Updated: February 15, 2017 Document Number: 411499 ACCESSORY BUILDINGS 15. Every accessory Building on Land shall be constructed and maintained with suitable and uniform materials, kept in good repair, free from hazards, and protected by paint, preservatives or other weather-resistant material. RETAINING WALLS 16. Retaining walls on Land shall be structurally sound and plumb, unless specifically designed to be other than vertical, and shall be maintained in good repair and free from hazard. EXTERIOR WALLS, COLUMNS AND BEAMS 17. (1) On all Land the following shall apply: (a) exterior columns, walls and their components shall be maintained in good repair, weather-tight and free from loose or unsecure objects and materials; (b) the protective or decorative finishes of all exterior surfaces shall be maintained in good repair so as to prevent deterioration that affects the appearance of the Building or structure; (c) markings, stains, Graffiti, painted slogans, smoke damage or other markings or defacement appearing on any exterior surface shall be removed, and, if necessary to maintain the exterior surface, the surface of these areas shall be restored, resurfaced and co-ordinated to the exterior finish of the Building or structure; and (d) all canopies, marquees, signs, awnings, screens, grilles, stairways, pipes, ducts, standpipes, air conditioners and all similar equipment, attachments and their supporting members shall be maintained in good repair, properly anchored and protected from the elements, so as to prevent decay and rust, by paint or other protective coating. ENTRY ON PROPERTY 18. (1) The authority of the RCMP to enter on Land and property in relation to this Bylaw contained in section 16 of the Community Charter is authorized by Council. (2) For the purposes of carrying out an action referred to in sections 13.(3) and 21 of this Bylaw, Council delegates to the Manager, Bylaw Services, the power to authorize a person, as the City's Contractor, to enter on property in accordance with section 16 of the Community Charter. Consolidated Bylaw No. 8425, 2012 Page 9 Last Updated: February 15, 2017 Document Number: 411499 ENFORCEMENT AND PENALTIES 19. This Bylaw may be enforced, a) by an Information laid in accordance with the Offence Act; b) by means of a ticket under the Community Charter; c) by Bylaw Notice in accordance with the "Local Government Bylaw Notice Enforcement Act"; or d) by a combination of the above noted methods in (a), (b) and (c). 20. With respect to enforcement further to a ticket issued pursuant to the Community Charter, the fines outlined in the "City of Prince George Ticket Information Utilization Bylaw No. 5422, 1990", as amended or replaced from time to time, shall apply. 21. With respect to enforcement further to a Bylaw Notice issued pursuant to the Local Government Bylaw Notice Enforcement Act, the fines outlined in Schedule "B" of the "City of Prince George Bylaw Notice Enforcement Bylaw No. 8813, 2016", as amended from time to time, shall apply. 22. Except as otherwise provided in this Bylaw or the "City of Prince George Bylaw Notice Enforcement Bylaw No. 8813, 2016", and amendments thereto, any person who violates any of the provisions of this Bylaw or who suffers or permits any act or thing to be done in contravention of this Bylaw, or who refuses, or omits or neglects to fulfill, observe, carryout or perform any duty or obligation imposed by the Bylaw shall be liable on summary conviction to a fine not exceeding Ten Thousand Dollars ($10,000.00), the cost of prosecution and any other penalty or order imposed pursuant to the Community Charter, S.B.C., 2003, c.26 or the Offence Act, R.S.B.C., 1996, c.338. Each day that an offence against the Bylaw continues or exists shall be deemed to be a separate and distinct offence. 23. If a Bylaw Enforcement Officer determines that the regulations, prohibitions, and requirements of this Bylaw are not being met with respect to the Lands of an Owner or Occupier, the Bylaw Enforcement Officer may, by Bylaw notice, require the Owner or Occupier of the Land to comply with this Bylaw within the time period stated in the notice. 24. If an Owner or Occupier fails to comply with the direction from the Bylaw Enforcement Officer given under section 23 of this Bylaw, the Authorized Person may issue a written order directing that the Owner or Occupier comply within a time specified in the Authorized Person's order, with the specific regulations, prohibitions and requirements of this Bylaw that are not being met in respect of the Land of the Owner or Occupier. Bylaw 8819 Consolidated Bylaw No. 8425, 2012 Page 10 Last Updated: February 15, 2017 Document Number: 411499 25. If the Owner or Occupier fails to comply with an order of the Authorized Person issued under paragraph 24 of this Bylaw, the City, by its employees, contractors and agents may take action in accordance with section 17 of the Community Charter, S.B.C., 2003, c.26 to fulfill the requirements of the order of the Authorized Person and to recover the costs, including the administrative costs provided in Schedule "A" to this bylaw, from the Owner or Occupier of the Land which is subject to the order. TICKETING 26. Pursuant to section 264(1)(b) of the Community Charter, a Bylaw Enforcement Officer, and the RCMP are designated to enforce this Bylaw; and any Conservation Officer, employed by the Province of British Columbia are designated to enforce Section 11 of this bylaw only. SCHEDULE 27. "Schedule "A" as attached forms part of this Bylaw. SEVERABILITY 28. If any portion of this bylaw is held to be invalid by a court of competent jurisdiction, the invalid portion may be severed and such invalidity shall not affect the validity of the remaining portions of this bylaw. READ A FIRST TIME THIS THE 17th DAY OF DECEMBER , 2012. READ A SECOND TIME THIS THE 17th DAY OF DECEMBER , 2012. READ A THIRD TIME THIS THE 17th DAY OF DECEMBER , 2012. All three readings passed by a unanimous decision of Members of City Council present and eligible to vote. ADOPTED THIS THE 7th DAY OF JANUARY , 2013, BY A UNANIMOUS DECISION OF ALL MEMBERS OF CITY COUNCIL PRESENT AND ELIGIBLE TO VOTE. ______________________________ MAYOR ______________________________ CORPORATE OFFICER Bylaw 8819 Bylaw 8819 Bylaw 8819 Consolidated Bylaw No. 8425, 2012 Page 11 Last Updated: February 15, 2017 Document Number: 411499 SCHEDULE "A" PROPERTY MAINTENANCE BYLAW ADMINISTRATIVE COSTS FOR TAKING ACTION AT THE DEFAULTER'S EXPENSE Description Section # Cost ($) Administrative Cost to secure a vacant Building 13 (3) 200.00 Administrative Cost to obtain compliance at defaulter's expense 21 200.00