Noxious Weeds and Grass Control Bylaw No. 722, 2018 — full text

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TOWN OF QUALICUMBEACH BYLAW NO. 722 A BYLAW OF THE TOWN OF QUALICUMBEACH TO REGULATE THE CONTROL OF NOXIOUS WEEDS AND GRASSES WITHIN THE TOWN OF QUALICUMBEACH The Council of the Town of QualicumBeach in open meeting assembled enacts as follows; 1. Title This Bylawmay be cited for all purposes as the "Town of QualicumBeach Noxious Weeds and Grass Control Bylaw No. 722, 2018" Definitions "Brush" means tangled, obstructing,or impedingmass of dense vegetation consisting of plants, shrubs or small trees includingtheir cut or broken branches "BylawEnforcement Officer" means a peace officer or person appointed by the Council as a BylawEnforcement Officer, BuildingInspectoror Director of Planning; "Grass" shall include plants that are commonly known or referred to as grass; "Noxious Weeds" means any weed designated by regulationtobe a noxious weed pursuant to the Weed ControlAct, Regulation66/85and all amendments thereto; and in addition, any plant identified in "Schedule A" attached to this bylaw. "Order" means an order issued pursuant to section 4 of this Bylaw; "Owner" means any person who is the registered owner, -or owner under agreement, of real property, and includes any person in actual or apparent possession of real property under a lease, license or other agreement with another owner;" "Property"means any parcel of land in the Town; "Parcel" means any lot, block or other area in which land is held or into which it is subdivided, but does not include a highway; Prohibitions . (1) All owners of real property situated within the Town of QualicumBeach, or their agents, shall: (a) keep the real property clear of noxious weeds: and (b)prevent the growth or presence thereon of grasses exceeding25 cm (10in.) in height. All owners of real property situatedwithin the Town of QualicumBeach, or their agents, shall upon being ordered to do so: (2) Page 2 of 5 "Town of QualicumBeach Noxious Weeds and Grass Control BylawNo. 72, 2018" (a) cutand remove from the property, or cause to be cut down in such a manner as to prevent blowing, all noxiousweeds growing thereon so often in each year as is necessary to prevent them from going to seed. ' (b) cut and remove from the property, or cause to be cut down in such a manner as to prevent blowing, any grasses growing thereon in excess of 25 cm (10in.) in height so often in each year as is necessary to maintain such grasses at a height not in excess of 25 cm (10in.). (3) N 0 Owner ofProperty may cause, permit or allow brush, noxious weeds or grasses to encroach onto neighbouringpublic or private property; 4. Removal Orders (1) If an owner has failed to perform the obligationspursuant to section 3, the Bylaw Enforcement Officer, at their discretion, may serve on such owner, an Order which requires the owner to removethe contravention. Such Order must be sent in writing by mail to the Owner of the property where the contravention exists P within the time frame set out in the notice, which time will not be less than five days. (2) Upon any failure by the Owner of the property to comply with an Order under this section, the Town may, by its own forces or those of a contractor, immediately enter on the Property and carry out the work describedin the Order at the expense of the Owner and, whether the Order was directed at the Owner of the Property, or both, recover the costs in the same manner and with the same remedies as ordinary taxes on land and improvements under the Community Charter. (3) Should an Owner ofPropertywish to contest an Order, that person must within 10 days of the posting or mailingof the Notice, inform the Town's Corporate Administrator in writing that he or she wishes to appear before the Council to contest the Order. Upon hearing the Owner, staff and any other affected persons, the Council may affirm, vary or revoke the Order. 5. Offence and Penalty (1) A person commits an offence and is subjectto the penaltiesimposed by this Bylaw, the Town of QualicumBeach Municipal Ticket Information BylawNo. 626, as amended from time to time, andthe O?ience Act if that person: a) contravenes a provision of this Bylaw; b) consents to, allows, or permitsanact or thing to be done contrary to this Bylaw;or ' ' Page 3 of 5 "Town of QualicumBeachNoxious Weeds and Grass Control BylawNo. 722, 2018" (3) c) neglects or refrains from doing anything required by a provision of this Bylaw. For greater certainty, an owner of property who refrains from stopping that owner's tenant from contravening this Bylawcommitsan offence. Each day an offence of a provision of this Bylawoccurs or continues, shall constitute a distinct and separate offence. 6. PENALTIES (1) (2) (3) (4) In addition to other bylaw enforcement powers, enforcement of this Bylawagainst a person may be by Municipal Ticket Information ("MTI")and if convicted, that person shall be liable to pay the full amount of the penalty and fine prescribed in the Town of QualicumBeach Municipal Ticket Information BylawNo. 626, as amended from time to time, to the Town of QualicumBeach. . For greater certainty, an owner of property who permits his or her tenant to violate any provision of this Bylawis in violation of this Bylaw. If the penalty indicated on a MTI is not paid, and the MunicipalTicket is not disputed within fourteen (14)days of the date of service of M'I'I,the amount in full becomes due and payable to the Town of QualicumBeach. Any person who_fails to pay the penalty indicated may have the amount transferred to a collection agent or be subjectto collectionthrough other legal processes. . Everyperson who contravenes any provision of this bylaw is considered to have committed an offence against this bylaw and is liable on summary conviction, to a fine, and each day that such violation is caused, or allowed to continue, constitutes a separate offence Inspection The BylawEnforcement Officer may, in accordance with section16 of the CommunityCharter, enter on any Property at any reasonable time to ascertain whether the requirements of this bylaw, or any Order issued pursuant to this bylaw, are being observed. 6 Page 4 of 5 "Town of QualicmmBeachNoxious Weeds and Grass Control BylawNo. 72, 2018" 8. Severability If any section or phrase of this Bylawis for any reason held to be invalid bypa decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this Bylaw. READ A FIRST TIME the 19thdayofMarcll,2018. READ A SECOND TIME the 19thday of March, 2018. READ A THIRD TIME the 19thday of March, 2018. ADOPTED the 1631day of April,2018. «' A I'. Teunis Westbroek, Mayor Heather Svensen, Corporate Ad.ministrator rs Page 5 of 5 "Town of QualicumBeachNoxious Weeds and Grass Control BylawNo. 722, 2018" Schedule "A" "Town of QualicumBeach Noxious Weeds and Grass Cont.-o1BylawNo. 722, 2018" NoxiousWeeds: 0 Scotch Broom (Cytisusscoparius)