Littering, Garbage and Unsightly Premises Bylaw No. 334, 2007 (amended by Bylaw 372, 2010) — full text, Radium Hot Springs, British Columbia

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oéketméau, VILLAGE OF RADIUM HOT SPRINGS Littering, Garbage and Unsightly Premises Bylaw N0. 334, 2007. Being a bylaw regulatinglittering, garbage accumulationand containment and prohibiting the owners or occupiers of real property from allowing their property to become unsightly. WHEREAS it is has been deemed desirableand necessary to regulate littering, garbage accumulation and containment,and to prohibitthe owners or occupiers of real property from allowing property to become unsightly for the safety, health and enjoyment of the residents of the municipality. NOW THEREFORE the Council of the Village of Radium Hot Springs,in open meeting assembledenacts as follows: 1. This bylaw may be cited as "Village of RadiumHot SpringsLittering, Garbage and Unsightly Premises Bylaw No. 334, 2007." 2. DEFINITIONS Within this bylaw the following terms have the following meanings: "garbage"means, but is not limitedto, trade waste, household waste, garden re?ise and all noxiousoffensive or unwholesomematter or substancesor any articleor materialwhichthe owner doesnot wish to retain, includinghouseholdfurniture, appliances,machinery, automobile vehiclebodies and/or parts and construction waste. "garbage receptacle" means a containerfor garbagethat is bird, rodent and?y proof and that has sufficient containmentto prevent spillage andthe spread of garbageby wind. "graffiti" means writing, drawing, painting et cetera any words or pictures that, for the purposes of this bylaw, are not used as advertising on an appropriate sign or premises for a business or enterprisein conformancewith the sign regulations of the Village of Radium Hot Springs. "publicplace" includes every road, square, lane, bridge, highway, park or other places which the public has access to as a right or by invitation, express or implied. 3. INTERPRETATION In this Bylaw "unsightly"includesbut is not limited to: (a) the accumulation or storage of any building material, whether new or used, on any site or premisesother than a building material storage yard, when the owner or occupier of the premisesis not in possessionof a valid Municipal building permit or whenthat storage or accumulationis required for the normalmaintenance and operation of a commercialfacility. (b) the storage or accumulationof any goods or merchandisewhich is offered or intendedto be offered for sale on any site used as a residentialpremises other than what is requiredand permittedfor use in a home occupation. (c) the storage, collection or accumulation of all or part of any automobilewreck or all or part of any motor vehicle whichis not: lof4 Village of Radium Hot Springs -- Littering, Garbage and Unsightly Premises Bylaw. (i) validly registered and licensedin accordancewith the Motor Vehicle Act or relevant legislation, or; (ii) capable of motivation under its own power. ((1) the storage of solid fuels, including wood, coke or coal, other than what is required for personal use, or when required for the normaloperation of a commercialfacility. (e) the use of any residentialor commercialproperty for the storage, repair, cleaning, maintenance, collection or servicing of mechanicalequipment including bulldozers, graders,backhoesor other similarheavy constructionequipment. (f) the collection or accumulation of rubbish or garbage of any kind including but not limitedto ashes, dead animals, paper, cardboard,tin cans, leaves, wood, bedding, crockery, glass, bags and appliances. (g) the placing of graffiti on walls, fences or elsewhere on or adjacent to a public place. 4. LITTERING (a) No person shallobstruct, litter or befoul any road,sidewalkor publicplace in the Village of Radium Springswith any refuse, debris, litter, garbage or any unsanitary or offensive substance or articleof any kind. (b) No person shall stamp, paint, post, af?x or otherwiseplace or distributeany bill, poster, notice or advertisementon any public property withoutfirst having obtained writtenpermissionfrom the municipality. (c) No person shalldeface, injure or damage any property or equipmentowned by or in the care of the Village of RadiumHot Springs in any public place. 5: GARBAGE CONTAINMENT (a) Every owner or occupierof property shallnot store, keep or allow garbage or refuse on their property unlessthe garbage or refuse is placed inside a properly designed garbagereceptacle capable of containing the garbage therein and preventing the spread of that garbageby birds, rodents or wind. (b) All garbagereceptacles and commercialgarbage containmentbins shall, at all times, be kept in a good and sanitarycondition and shallbe accessiblefor inspection at all reasonablehours. When any receptacleor bin has been condemnedby the Village as un?t for the purpose, such receptacle or bin shall be removed along with the garbage and the occupier shallforthwith provide a suitableand sanitary containeras described in this bylaw. 6. UNSIGHTLY PREMISES (a) No owner or occupier of real property or premises on the real property shallallow the property or premises ownedor occupied by him to become or remain unsightly. (b) Every owner or occupierof real property or premiseson real property or his agent is requiredto remove Iromthe real property or premises any accumulationof rubbish, garbage,ashes, ?lth, discardedmaterialor discardedbodies or parts of vehiclesor machinery. (c) Every owner and occupier of real property shallclearthat property of brush, noxious weeds, wild grass and otheruntendedgrowths. 2of4 Village of Radium Hot Springs ---- Littering, Garbage and Unsightly Premises Bylaw. (d) No person shall cause or permitwater to collectaroundtheir premises. (e) A Bylaw Enforcement Officer of the Village of Radium Hot Springsmay deliver by registered mail to the owner, occupier or agent of either of them, of real property or premiseson the real property, notice in writing that any accumulation of rubbish,garbage,ashes,?lth, discardedmaterial or discardedbodies or parts of vehicles or machinery, or graf?ti, or brush, noxious weeds, wild grass and otheruntended growths be removed from or cleared?'om the real property or premiseson the real property before the expiry of thirty (30) days after the mailing of the notice. (f) In the event of default of this removal or failure to clear, and failure of any owner or occupierof the real property or premiseson the real property, or his agent, to comply with the written notice, to remove the accumulation or clearthe property, the Village of Radium Hot Springshereby authorizes agents or employees of the municipalityto enter the real property or premises on the real property affected to effect the removal at a time and in a manner of administrativeconvenience to the municipality at the expense of the person defaulting. (g) The cost of effecting removal pursuant to Section 6. (f) of this bylaw shall be due andpayableby the person in default immediately upon removal, and if such costs remain unpaid on December 31 in the year the removal was done, the costs shall be added to and form part of the taxes payable on the property as taxes in arrears. 7. ENFORCEMENT AND PENALTIES (a) A Bylaw Enforcement Officer of the Village of Radium Hot Springs is authorized to enter, at all reasonable times, on any real property or premises on real property in the Village of RadiumHot Springsto ascertain whetherthe regulations under this Bylaw are being observed. It is an offence for any person to prevent the Bylaw Enforcement Officer to enter real property or premises for the purposes of enforcing the regulations contained hi this bylaw. For the purposes of this section, Bylaw Enforcement Of?cer includes the Municipal Clerk, Bylaw Enforcement Officer, the License Inspector and the Royal Canadian Mounted Police. (b) Every person, ?rm or corporationwho violates any of the provisionsof this Bylaw, or who causes, suffers or permits any act or thing to be done in contraventionor in violationof any of the provisionsof this Bylaw shallbe deemed to be guilty of an offence against this Bylaw and shall be liableto the penalties hereby imposed. (c) Every person, frrrn or corporationviolating any provisionof this Bylaw shallbe liable on summary convictionto a ?ne of not more 'mantwo thousanddollars ($2,000.00). (cl) A separate offence shallbe deemedto be committedon each day during on which a violationoccurs or continues. (e) Offences for whichtickets can be issuedand ?nes imposedare prescribedin the Municipal Ticket InformationUtilizationBylaw. 8. Village of Radium Hot SpringsBylawsNo. 19,28 and 160 are hereby repealed and replaced by this bylaw. 9. If any portion of this bylaw is declared invalid by a court of competent jurisdiction, then the invalid portionmust be severed and the remainderof the bylaw is deemed valid. 3of4 Village of Radium Hot Springs - Littering, Garbage and Unsightly Premises Bylaw. 10. This bylaw shall come into full force and effect upon the date of passage. Read a ?rst second and third time this 27th day of June, 2007. Reconsidered and adopted this 11th day of July, 2007. Mayor 3 Clerk Hereby certi?ed as a true copy of Village of Radium Hot Springs Littering, Garbage andUnsightly Premises BylawNo. 334, 2007. Clerk Date 4of4 VILLAGE OF RADIUM HOT SPRINGS Unsightly Premises Bylaw Amendment No. 372, 2010. Being a bylaw amending Bylaw No. 334, 2007 (Littering, Garbage and Unsightly Premises) to reduce the time period for compliance with an order to clean up property. WHEREAS it is has been deemed desirable and necessary to regulate littering, garbage accumulation and containment, and to prohibit the owners or occupiers of real property from allowing property to become unsightly for the safety, healthandenjoyment of the residents of the municipality. NOW THEREFORE the Council of the Village of Radium Hot Springs,in open meeting assembledenacts as follows: 1. This bylaw may be cited as "Village of Radium Hot SpringsLittering, Garbage and Unsightly PremisesAmendment Bylaw No. 372, 2010." 2. That Section 6 (e) of BylawNo. 334, 2007 be deleted and replaced with the following: 6. (e) A Bylaw Enforcement Officer of the Village of Radium Hot Springs may deliver by registered mail to the owner, occupier or agent of either of them, of real property or premiseson the real property, notice in writing that any accumulationof rubbish, garbage,ashes, ?lth, discardedmaterial or discarded bodies or parts of vehiclesor machinery, or graf?ti, or brush, noxious weeds, wild grass and other untended growths be removedfrom or clearedfrom the real property or premises on the real property before the expiry of ?ve (5) days after the mailing of the notice. 3. This bylaw shall come into full force and effect upon the date of passage. Read a first secondand third time this 25th day of August, 2010. Reconsideredand adoptedthis 8th day of September, 2010. Mayor Dee Cdnklin Clerk Mark Read Hereby certified as a true copy of Village of Radimn Hot SpringsLittering, Garbage andUnsightly PremisesAmendmentBylawNo. 372, 2010. Clerk Date lofl