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CITY OF PRINCE RUPERT
PROPERTY MAINTENANCE BYLAW No. 3297, 2010
A BYLAW TO REGULATE THE MAINTENANCE OF PRIVATE AND PUBLIC
PROPERTY WITHIN THE CITY OF PRINCE RUPERT
WHEREAS the Council has the authority to regulate and control pollution, nuisances,
pests, noxious weeds, unsightly premises, unwholesome or noxious materials, and
odors and impose requirements in relation to bylaw enforcement and related matters;
NOW THEREFORE the Council of the City of Prince Rupert ("City") in open meeting
assembled ENACTS as follows:
INTERPRETATION
1. Definitions
In this Bylaw:
"Bylaw Enforcement Officer" means any person employed by the City for the
purpose of enforcement of municipal bylaws, the Bylaw Enforcement Officer, the
Building Inspector or any staff appointed by the City Manager, or a member of the
Royal Canadian Mounted Police (RCMP);
"Graffiti" means an inscription, drawing, writing, pictorial representation, message,
slogan, symbol or mark made on a wall, fence or other surface by means of paint,
chalk, ink, or other substance, or by chisel, hammer, stone or other device;
"Notice" means a notice issued pursuant to Section 4 of this Bylaw;
"Noxious Weeds" include weeds designated as such under the Weed Control
Regulation pursuant to the Weed Control Act;
"Rubbish" means any discarded materials, substances and objects;
"Senior Management Committee" means three senior managers in the employ of
the City of Prince Rupert and one of which must be the Corporate Administrator;
"Unsightly" means, but is not limited to:
a) An outdoor accumulation of building or construction material on any property
other than premises identified in a business license issued by the City for
building material sales or storage or premises where construction is in progress
pursuant to a valid building permit issued by the City;
b) An accumulation of motorized vessels, vehicles or trailer parts or all or part of
any motor vehicle which is not registered and licensed in accordance with the
Motor Vehicle Act; or capable of movement under its own power; including any
CITY OF PRINCE RUPERT PROPERTY MAINTENANCE BYLAW NO. 3297, 2010.
Page 2
dismantled, wrecked, or non-operational vehicle for more than one month in any
12 month period or any vehicle which is not licensed for a period of one year
which is not covered with a fitted vehicle cover or housed in a garage or carport;
c) Any accumulation of water, filth, discarded materials, rubbish or noxious,
offensive or unwholesome matter of any kind, including but not limited to ashes,
dead animals, paper, tires, plastic, cardboard, metals, leaves, wood, dilapidated,
broken or leaning fences, crockery, and glass;
d) Materials of any sort that are strewn about the real property rather than piled in
a neat and appropriate manner;
e) Placards, bills, signboards, posters, notices or advertisements in any public place,
unless expressly permitted by the City.
f) Furniture (other than furniture designed specifically for outdoor use), bedding or
appliances stored outside the premises or in open carport areas;
g) Exterior finishing of premises that has become excessively dirty or dilapidated
through lack of maintenance;
h) Unused landscaping materials such as dirt piles or discarded planting pots;
i) Uncontained compost piles;
j) Graffiti on any real property, wall, fence or other surface by means of paint,
chalk, ink, or other substance, or by chisel, hammer, stone or other device.
k) Uncontrolled growth of vegetation, brush or grass in excess of 30 centimetres in
height;
MAINTENANCE OF PROPERTY
2. General Provisions
a) No owner or occupier of real property shall allow his premises to become or
remain unsightly and shall not cause or permit water, filth, rubbish, discarded
materials or noxious, offensive, or unwholesome matter to collect or accumulate
around his premises.
b) Every owner or occupier of real property must clear, or cause to be cleared, from
the property any infestations by caterpillars and other noxious or destructive
insects.
c) Every owner and occupier of real property will immediately remove from that
property any unsightly accumulation of rubbish, bottles, glass, grass or
vegetation clippings, or animal droppings.
d) Every owner and occupier of real property will immediately remove graffiti from
any wall, fence, structure or elsewhere on that property that is adjacent to, or
viewable from, a public place.
CITY OF PRINCE RUPERT PROPERTY MAINTENANCE BYLAW NO. 3297, 2010.
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e) Every owner and occupier of real property will prohibit their property from
becoming unsightly by graffiti.
f) Every person shall not foul, obstruct or impede, or permit the fouling,
obstructing or impeding of the flow of any waterway or culvert within the
municipality.
g) Every owner and occupier of real property shall not foul or contaminate the
atmosphere by burning household garbage.
h) Owners of real property shall maintain the aesthetic quality of the premises and
not permit it to become unsightly.
i) Every owner or occupier of real property shall not deposit or sweep ashes, mud,
dirt, or refuse from the property, onto any sidewalk or public place adjoining the
property.
j) Every owner and occupier of real property shall eliminate or reduce the emission
of dust from that property into the atmosphere such that no airborne dust travels
beyond any boundary of the property. Without limiting the generality of this
section, during excavation or construction on the property, every owner and
occupier of that property shall control dust by the application of water or other
dust control method.
k) Except by permit, owners and occupiers of real property must not place snow
removed from private property on public streets or boulevards so that it impedes
access by pedestrians or vehicles or the City's crews from clearing the streets.
This includes pushing snow from private driveways or parking lots onto the
street or across the street, to place snow on boulevards at intersections, over
sewer or storm manhole covers, water main valves or fire hydrants.
NOTICE TO COMPLY
3. Notice to Comply
3.1 Where an owner or occupier, or their agents, fail to comply with any of the
provisions of Part 2 General Provisions, a Bylaw Enforcement Officer may after
consulting with the "Senior Management Committee", serve written Notice in
accordance with clause 3.2 to that person to comply with the provisions of this
bylaw.
3.2 The owner or occupier must:
a) comply with the requirements of the Notice within 14 days of the date of the
Notice; or
b) within 7 days of the date of the Notice, contact the Bylaw Enforcement Officer
and develop a plan to achieve compliance with this bylaw within 14 days of the
date of the Notice, or such longer period as the Bylaw Enforcement Officer,
acting reasonably, may allow.
CITY OF PRINCE RUPERT PROPERTY MAINTENANCE BYLAW NO. 3297, 2010.
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3.3 If the owner or occupier does not comply with the requirements under clause 3.2, or
the requirements of a plan for compliance under clause 3.2(b, the City may by its
employees or contractors, at reasonable times and in a reasonable manner, enter the
property and remedy the offending conditions at the expense of the person who has
failed to comply.
3.4 All reasonable expenses incurred by the City under clause 3.3 are payable by the
property owner and, if unpaid on or before December 31st in the year in which the
charges are incurred, will form part of the taxes payable on such property as taxes in
arrears.
3.5 Where notice is required to be given pursuant to this bylaw, such notice may be
given by personal service or by registered mail. Such notice will be sufficiently
delivered:
a) on the owner of the property, if delivered by:
i.
personal service; or
ii.
registered mail with acknowledgement of receipt, to the address of the
owner shown on the last real property assessment rolls;
b) on the occupier of the property, if delivered by:
i.
personal service; or
ii.
registered mail with acknowledgement of receipt, to the property
address; or
iii.
affixed to the property in a prominent place.
3.6 When Notice is not personally served, the Notice is deemed to have been served
on the third day after mailing in accordance with clause 3.5(a)(ii) or 3.5(b)(ii) or
upon affixing the Notice to the property in accordance with clause 3.5(b)(iii).
OFFENCE AND PENALTIES
4.
a) Any person who violates or who causes to be violated any of the provisions of
this bylaw, shall be guilty of an offence against the bylaw, and each day that
such violation is caused or allowed to continue shall constitute a separate
offence.
b) Any person who contravenes any of the provisions of this bylaw shall be liable
on conviction to a fine of not more than Two Thousand Dollars.
c) A violation of clause 2 of this bylaw may be enforced by municipal ticket and is
subject to a fine of One-Hundred Dollars.
d) Nothing in this part interferes with the right of the City to commence
proceedings and charge by way of the procedures as set out in the Offence Act.
SEVERABILITY
5. a) If any division, section, subsection, sentence, clause or phrase of this bylaw is
for any reason held to be invalid by the decision of a court of competent
CITY OF PRINCE RUPERT PROPERTY MAINTENANCE BYLAW NO. 3297, 2010.
Page 5
jurisdiction, such decision shall not affect the validity of the remaining portions
of the bylaw.
b) Nothing in this Bylaw relieves a person from complying with any provision of
any federal or provincial law or regulation, other bylaw or any requirement of
any lawful permit, order or license.
CITATION
6. This Bylaw may be cited as "City of Prince Rupert Property Maintenance Bylaw
No. 3297, 2010".
READ A FIRST TIME this 25th day of May, 2010.
READ A SECOND TIME this 25th day of May, 2010.
READ A THIRD TIME this 7th day of June, 2010.
RECONSIDERED AND FINALLY ADOPTED, this 7th day of June, 2010.
______________________________
MAYOR
______________________________
CORPORATE ADMINISTRATOR