Regulation of Material on Highways - Bylaw 10226 (2024) — full text

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7612915 CITY OF RICHMOND REGULATION OF MATERIAL ON HIGHWAYS BYLAW NO. 10226 DATE OF ADOPTION - MARCH 11, 2024 Bylaw 10226 Page 1 7612915 Bylaw 10226 Regulation of Material on Highways Bylaw No. 10226 WHEREAS Part 2, Division 5, Section 36 of the Community Charter confers upon the City authority to, by bylaw, regulate and prohibit in relation to all uses of or involving a highway or a part of a highway; AND WHEREAS Part 2, Division 5, Subsections 46(2) & (3) of the Community Charter confers upon the City authority to, by bylaw, authorize the seizure of things unlawfully occupying a portion of a highway or public place; NOW THEREFORE, the Council of the City of Richmond enacts as follows: PART ONE: GENERAL PROVISIONS 1.1 Prohibition 1.1.1 No person shall cause, or permit, any things, including without limitation any material or structure, to occupy or be placed, left, dumped, abandoned, disposed of, installed, or constructed upon a highway or other public space, without the prior written consent of the City (including, without limitation, by way of license agreement, and as may be permitted under Traffic Bylaw No. 5870). 1.2 Seizure, Removal and Impoundment 1.2.1 Without notice to, or consent of, the owner of any unauthorized thing, material or structure, a bylaw enforcement officer, the Fire Chief, a Police Officer, the General Manager, Community Safety, the General Manager, Engineering & Public Works, or their designates, may direct City staff, or the City's agents and contractors, to seize, remove, and impound, or to cause the seizure, removal, and impoundment of, any unauthorized thing, material or structure occupying a portion of a highway or public space. The impoundment shall be in such a place as directed by the person issuing the direction. 1.2.2 Any unauthorized thing, material or structure so removed, impounded, or seized under this bylaw pursuant to Section 1.2.1 may be recovered by the owner by paying to the City the fees, costs and expenses in the amount set out from time to time in the Consolidated Fees Bylaw No. 8636. If such charges remain unpaid on or before December 31st in the year in which the charges are incurred, they may form part of the taxes payable on the person's related real property, as taxes in arrears. ·. City of ·™-' <£«· Richmond Bylaw 10226 Page 2 7612915 1.2.3 Any unauthorized thing, material or structure seized under this bylaw may not be disposed by the City unless no person has within a fourteen (14) calendar day period following removal/seizure: (a) appeared who has established a claim to the unauthorized thing, material or structure; (b) paid to the City the costs set out under section 1.3.2 above; and (c) taken custody of it. 1.2.4 If the unauthorized thing, material or structure is not claimed by its owner within 30 calendar days of the date of removal/seizure, the unauthorized thing, material or structure maybe sold by the City at public auction, if applicable, or otherwise disposed of at the direction of the General Manager, Finance and Corporate Services. If the unauthorized thing, material or structure is put up for sale by public auction and is not sold, it may be sold by the City by private sale or otherwise disposed of at the discretion of the General Manager, Finance and Corporate Service. 1.2.5 Notwithstanding Section 1.2.3 and 1.2.4 above, if, in the opinion of the General Manager, Finance and Corporate Services, the General Manager, Engineering and Public Works, or the General Manager, Community Safety: (a) the unauthorized thing, material or structure is waste or refuse; (b) the unauthorized thing, material or structure is perishable; or (c) the impoundment of an unauthorized thing, material or structure involves unreasonable expense or inconvenience, the City may dispose of the unauthorized thing, material or structure at any time and in any manner. 1.2.6 The expenses incurred in the seizure, removal, impoundment, and disposal of any unauthorized thing, material or structure under Sections 1.2.4 or 1.2.5 of this bylaw, plus an administrative fee as set out from time to time in the Consolidated Fees Bylaw No. 8636, less the proceeds, if any, of the disposal are recoverable as a debt due to the City, or its contractors and authorized agents, from the owner of the unauthorized thing, material or structure. If such charges remain unpaid on or before December 31st in the year in which the charges are incurred, they may form part of the taxes payable on the person's related property, as taxes in arrears. 1.2.7 If upon the sale of any unauthorized thing, material or structure the proceeds exceed the expenses incurred in the seizure, removal and disposal, the balance of the proceeds of the sale will be held in trust by the City for the owner thereof. If such monies have been held by the City for a period of one (1) year and no lawful claim Bylaw 10226 Page 3 7612915 has been made therefore, the monies shall be forfeited to the City and shall be transferred to the general revenue of the City and shall form part thereof. 1.2.8 In the exercise of the authority set out in this Section 1.2 no compensation shall be paid to the owner of the unauthorized thing, material or structure, or any other person, for the loss or damage resulting from the seizure, removal, impoundment, or disposal. 1.3 Order to Comply (Removal) 1.3.1 A bylaw enforcement officer may order the owner of any unauthorized thing, material or structure to remove or clear such unauthorized thing, material or structure from any highway or public space, subject to the directions set out in the order to comply. 1.3.2 A bylaw enforcement officer may enter, at all reasonable times, upon any real property to determine whether the provisions of this bylaw or the directions of an order to comply are being complied with. 1.3.3 If the owner of the unauthorized thing, material or structure fails to remove or clear the unauthorized thing, material or structure from the highway or public space as directed in an order to comply, City staff, or a contractor engaged by the City, may seize, remove or clear and dispose of the unauthorized thing, material or structure at the expense of the owner. In the exercise of this authority no compensation shall be paid to the owner of the unauthorized thing, material or structure or any other person for the loss or damage resulting from the seizure, removal, clearing, or disposal. 1.3.4 If the owner fails to remove or clear the unauthorized thing, material or structure from a highway or public space, as directed in an order to comply, to which access is required through adjacent real property, City staff, or a contractor engaged by the City, may enter on such real property adjacent to the highway or public space to, at reasonable times and in a reasonable manner, to seize, remove or clear the unauthorized thing, material or structure at the expense of the owner. In the exercise of this authority no compensation shall be paid to the owner of the unauthorized thing, material or structure or any other person for the loss or damage resulting from the seizure, removal, clearing, or disposal. 1.3.5 Where unauthorized thing, material or structure has been seized, removed or cleared in accordance with subsection 1.3.3 or 1.3.4 the costs incurred for such seizure, removal, or clearance, and disposal by the City of such unauthorized thing, material or structure, plus an administrative fee as set out from time to time in the Consolidated Fees Bylaw No. 8636, are recoverable as a debt due to the City, or its contractors and authorized agents, from the owner. If such charges remain unpaid on or before December 31st in the year in which the charges are incurred, they may form part of the taxes payable on the owner's related property, as taxes in arrears. Bylaw 10226 Page 4 7612915 1.4 Ownership of Unauthorized thing, material or structure 1.4.1 In the absence of proof to the contrary: (a) the person who placed the unauthorized thing, material or structure on the highway or public space; and (b) in respect of unauthorized thing, material or structure placed upon unimproved highways, the owner or occupant of the real property adjacent to where such unauthorized thing, material or structure was placed on the highway, shall be deemed to be the owner of such unauthorized thing, material or structure for the purposes of this bylaw. 1.5 Vehicles 1.5.1 Notwithstanding anything contained in this bylaw, the impoundment, seizure, sale in respect of any vehicle having a registered owner set out in the records of the Superintendent of Motor Vehicles unlawfully occupying any portion of a highway normally open to the use of the public for the passage of vehicles, shall be subject to the provisions of Traffic Bylaw No. 5870. PART TWO: OFFENCES, PENALTIES AND ENFORCEMENT 2.1 (a) A violation of any of the provisions identified in this bylaw shall result in liability for penalties and late payment amounts established in Schedule A of the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122, as amended or replaced from time to time; and (b) A violation of any of the provisions identified in this bylaw shall be subject to the procedures, restrictions, limits, obligations and rights established in the Notice of Bylaw Violation Dispute Adjudication Bylaw No. 8122 in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60, as they may be amended or replaced from time to time. 2.2 Any person who gives false information required under this bylaw is deemed to have committed an infraction of, or an offence against, this bylaw, and is liable on summary conviction to a penalty of not more than $10,000 in addition to the costs of the prosecution, and each day that such violation is caused or allowed to continue constitutes a separate offence. 2.3 Any person who contravenes or violates any provision of this bylaw, or who suffers or allows any act or thing to be done in contravention or violation of this bylaw, or who fails or neglects to do anything required to be done under this bylaw, commits an offence and upon conviction shall be liable to a fine of not less than One Thousand Dollars ($1,000.00) and not more than Fifty Thousand Dollars ($50,000.00), in addition to the Bylaw 10226 Page 5 7612915 costs of the prosecution, and where the offence is a continuing one, each day that the offence is continued shall constitute a separate offence. PART THREE: INTERPRETATION 3.1 In this bylaw, unless the context requires otherwise: BYLAW ENFORCEMENT means an employee of the City with the job position OFFICER or title of bylaw enforcement officer, or acting in another capacity on behalf of the City for the purpose of the enforcement of one of more of the City's bylaws, including without limitation a building inspector and a licensing inspector. CITY means the City of Richmond. COMMUNITY CHARTER means Community Charter, SBC 2003, c. 26, as amended or replaced from time to time. CONSOLIDATED FEES means the City's Consolidated Fees Bylaw No. 8636, BYLAW NO. 8636 as amended or replaced from time to time. COUNCIL means the Council of the City. FIRE CHIEF has the meaning set out in the City's Fire Protection and Life Safety Bylaw No. 8306, as amended or replaced from time to time. GENERAL MANAGER, means the City's General Manager of Community COMMUNITY SAFETY Safety, and his/her designate(s). GENERAL MANAGER, means the City's General Manager of Finance and FINANCE AND CORPORATE Corporate Services and his/her designate(s). SERVICES GENERAL MANAGER, means the City's General Manager of Engineering ENGINEERING AND PUBLIC and Public Works and his/her designate(s). WORKS HIGHWAY means any street, road, lane, bridge, viaduct, and any other way open to public use, other than a private right of way on private property, whether or not it is improved. For greater certainty, highway includes land or improvement that: (i) becomes or has become highway by any of the means set out in the definition of "highway" in the Transportation Act and are within the control Bylaw 10226 Page 6 7612915 of or under the jurisdiction of the City, including without limitation all such highways dedicated to the City upon a deposit of a subdivision or road dedication plan pursuant to the Land Title Act whether or not such highway is improved or open for public use; (ii) becomes or has become highway by City bylaw or gazette; and (iii) are secured for public use as road by way of statutory right of way in favour of the City. LAND TITLE ACT means Land Title Act, RSBC 1996, c. 250, as amended or replaced from time to time MATERIAL means any solid or semi-solid material, including, but not limited to, any chattels, trash, refuse, waste material, construction material, soil, discarded residential, commercial or industrial fixtures and appliances, metal scraps, lumber, yard cuttings, agricultural products, and agricultural equipment. ORDER TO COMPLY means a written order to remove or clear an unauthorized thing, material or structure from any highway or public space. POLICE OFFICER has the meaning set out in the City's Municipal Ticket Information Authorization Bylaw No. 7321, as amended and replaced from time to time. PUBLIC SPACE means any park, public plaza, public square, or other place which the public has access to as a right or by invitation, express or implied, and which is owned by, or within the control, of the City, including without limitation any such place secured by way of statutory right of way in favour of the City. STRUCTURE means any temporary or permanent structure, construction, or building, including without limitation any septic tank, deck, patio, swimming pool, trailer, storage unit, shed, house, warehouse, greenhouse, fixture, piping, and infrastructure. Bylaw 10226 Page 7 7612915 TRAFFIC BYLAW NO. 5870 means the City's Traffic Bylaw No. 5870, as amended or replaced from time to time. TRANSPORTATION ACT means Transportation Act, SBC 2004, c. 44, as amended or replaced from time to time. UNAUTHORIZED THING, means any thing, including without limitation any MATERIAL OR STRUCTURE material or structure placed, left, dumped, abandoned, disposed of, installed, or constructed upon a portion of a highway or public space without the City's consent. 3.2 References in this bylaw to enactments, bylaws of the City, include those enactments, bylaws, and plans as they may be amended or replaced from time to time. PART FOUR: SEVERABILITY AND CITATION 4.1 If any section, subsection, paragraph, clause or phrase of this bylaw is for any reason held to be invalid by the decision of a court of competent jurisdiction, such decision does not affect the validity of the remaining portions of this bylaw. 4.2 This Bylaw is cited as "Regulation of Material on Highways Bylaw No. 10226". PART FIVE: FEES BYLAW 5.1 The Consolidated Fees Bylaw No. 8636, as may be amended from time to time, applies to this bylaw. FIRST READING SECOND READING THIRD READING ADOPTED MAYOR CORPORATE OFFICE CITY OF RICHMOND APPROVED for content by originating dept. APPROVED for legality by Solicitor