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6203960
CITY OF RICHMOND
UNSIGHTLY PREMISES REGULATION
BYLAW NO. 7162
EFFECTIVE DATE - JULY 23, 2001
CONSOLIDATED FOR CONVENIENCE ONLY
This is a consolidation of the bylaws below. The amendment bylaws have been combined with the
original bylaw for convenience only. This consolidation is not a legal document. Certified copies of
the original bylaws should be consulted for all interpretations and applications of the bylaws on this
subject.
AMENDMENT BYLAW
DATE OF ADOPTION
EFFECTIVE DATE
(If different from Date of Adoption)
Bylaw No. 9718
October 23, 2017
Bylaw No. 9766
October 23, 2017
Bylaw No. 9819
May 27, 2019
6203960
CITY OF RICHMOND
UNSIGHTLY PREMISES REGULATION
BYLAW NO. 7162
TABLE OF CONTENTS
PART ONE -
GENERAL PROVISIONS .............................................................. 1
1.1
Property Owner or Occupier Prohibitions ................................. 1
1.2
Property Owner or Occupier Obligations .................................. 1
1.3
Graffiti Prohibition ....................................................................... 1
1.4
Public Property Prohibition ......................................................... 1
PART TWO -
ORDER TO COMPLY ................................................................... 2
2.1
Serving or an Order to Comply .................................................. 3
2.2
Authority to Enter Property in connection with an
Order to Comply .......................................................................... 3
2.3
Appeal Against an Order to Comply .......................................... 3
PART THREE -
INTERPRETATION ....................................................................... 3
PART FOUR -
OFFENCES AND PENALTIES ..................................................... 6
PART FIVE -
PREVIOUS BYLAW REPEAL ...................................................... 7
PART SIX -
SEVERABILITY AND CITATION .................................................. 7
Schedule A -
Order to Comply .......................................................................... 8
6203960
CITY OF RICHMOND
UNSIGHTLY PREMISES REGULATION
BYLAW NO. 7162
PART ONE: GENERAL PROVISIONS
1.1 Property Owner or Occupier Prohibitions
1.1.1 An owner or occupier of real property must not:
(a)
allow such property to become or remain unsightly; or,
(b)
cause or permit rubbish, filth, discarded materials, or noxious,
offensive or unwholesome matter or substances to collect or to
accumulate on or around such property.
1.2 Property Owner or Occupier Obligations
1.2.1 The owner or occupier of real property, or their agents, must:
(a)
remove or cause to be removed from the real property, any rubbish, or
noxious, offensive or unwholesome matter or substance, or any
unsightly accumulation of rubbish, filth, discarded materials, or
graffiti;
(b)
clear or cause such property to be cleared of unsightly brush, trees,
weeds, or other growth;
(c)
clear or cause such property to be cleared of noxious weeds; and
(d)
keep grass trimmed to a height of not more than 20 centimetres.
1.3
Graffiti Prohibition
1.3.1 A person must not place graffiti on walls, fences, or elsewhere on or
adjacent to a public place.
1.4
Public Property Prohibition
1.4.1
A person must not cause or permit rubbish, filth, discarded materials, or
noxious, offensive or unwholesome matter or substance to collect or to
accumulate on or around public property.
BYLAW NO. 7162
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PART TWO: ORDER TO COMPLY
2.1
Serving of an Order to Comply
2.1.1 Where an owner or occupier, or their agents fail to comply with any of the
provisions of section 1.1 or 1.2, a Bylaw Enforcement Officer may, in
accordance with subsection 2.1.3, serve an Order to Comply on such
person, which requires the person to remove or clear the offending material
from the real property within 10 days of service of such Order to Comply.
2.1.2 Where an Order to Comply has been served in accordance with subsection
2.1.1 and the Bylaw Enforcement Officer is satisfied that special
circumstances exist, the Bylaw Enforcement Officer may set a time to
comply, other than 10 days, that is reasonable in the circumstances.
2.1.3 The Bylaw Enforcement Officer must serve the Order to Comply:
(a)
on the owner of the real property on which the offending material is
located, by either:
(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;
provided that where the owner is a registered company, service may
be accomplished according to the provisions of the Company Act; and
(b)
on the occupier of the real property on which the offending material
is located, by either:
(i)
personal service,
(ii)
delivery to a mail box or other receptacle for messages, if any,
on the real property, or
(iii)
posting on the real property; and
(c)
on any agent of the owner or occupier of the real property on which
the offending material is located, by either:
(i)
personal service, or
(ii)
registered mail with acknowledgement of receipt.
2.1.4 When an Order to Comply is not personally served in accordance with
clause (a)(i), (b)(i), or (c)(i) of subsection 2.1.3, whichever is applicable, such
order is deemed to have been served:
BYLAW NO. 7162
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(a)
on the third day after mailing in accordance with clause (a)(ii) or (c)(ii),
whichever is applicable;
(b)
upon delivery in accordance with clause (b)(ii); or
(c)
upon posting in accordance with clause (b)(iii).
2.2
Authority to Enter Property in connection with an Order to Comply
2.2.1 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.
2.2.2 If the owner or the occupier of such property, or their agents fail to remove or
clear the offending material from the real property as directed in an Order
to Comply, City staff, or a contractor engaged by the City, may enter on the
real property, at reasonable times and in a reasonable manner, to remove or
clear the offending material at the expense of the defaulting owner or
occupier of the real property, or their agents.
2.2.3 Where offending material has been removed or cleared in accordance with
subsection 2.2.2, the charges for such removal or clearance, if unpaid on or
before December 31st in the year in which the charges are incurred, form part
of the taxes payable on such property, as taxes in arrears.
2.3
Appeal Against an Order to Comply
2.3.1 A person upon whom an Order to Comply has been served may, by giving
notice in writing to the City Clerk at least 72 hours prior to the expiration of
the time given in the Order to Comply to remove or clear the offending
material, appeal to Council, who must hear and determine the appeal by
confirming, amending or rescinding the Order to Comply.
PART THREE: INTERPRETATION
3.1
In this bylaw, unless the context otherwise requires:
ABANDONED CONSTRUCTION
MATERIALS
means an accumulation of construction materials,
including but not limited to lumber, siding, insulation,
windows, doors, and piping, where there is no
apparent or actual construction activity occurring
on
or in the real property.
BYLAW
ENFORCEMENT
OFFICER
means an employee of the City, appointed to the job
position or title of bylaw enforcement officer or licence
inspector, or acting in another capacity, on behalf of the
City for the purpose of the enforcement of one or more
of the City bylaws.
CITY
means the City of Richmond.
CITY CLERK
means the Municipal Officer appointed by Council and
BYLAW NO. 7162
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6203960
assigned responsibility for corporate administration for
the City under Section 198 of the Local Government
Act.
COUNCIL
means the Council of the City.
DERELICT FENCE
means any fence characterized by significant holes,
breaks, rot, crumbling, crackling or peeling finish, or rust
or any other condition indicating physical decay,
neglect, or lack of reasonable maintenance.
DERELICT VEHICLE
means any vehicle which:
(a)
is not validly insured and/or licenced, if such
vehicle would be required to be insured, and/or
licenced with current validation, to be operated on
public roads and/or waterways; or
(b)
is not capable of being moved by its own motive
power or is missing parts, including, but not limited
to engines, doors, hood, trunk, tires, lights, or
windows,
but excludes one such vehicle on a piece of real
property, which vehicle may only be parked or stored on
hard surfacing on such property
For the purposes of this definition, a vehicle that is not
validly insured and/or licensed, as described above, shall
be deemed to be not capable of operating under its own
motive power unless the owner or occupier of the real
property on which it is located is able to demonstrate to
the Manager of Community Bylaws or a Bylaw
Enforcement Officer that the vehicle is capable of
operating under its own motive power.
DISCARDED MATERIALS
means discarded materials and substances, including
but not limited to abandoned construction materials,
deteriorated lumber, furniture (not specifically designed
for outdoor use), furniture parts, bedding, mattresses,
sinks, cabinets, household fixtures, small
or
large
appliances (including but not limited to stoves,
refrigerators, and freezers), old newspapers, discarded
bottles, vehicle parts, tires, wire, rope, abandoned,
broken or neglected equipment, and the scattered
remains of any such items.
GRAFFITI
means
an
inscription,
drawing,
writing,
pictorial
representation, message or slogan, 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, excluding signs permitted pursuant to the
current Sign Regulation Bylaw.
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MANAGER
OF
COMMUNITY
BYLAWS
means the Manager of Community Bylaws in the
Community Safety Division of the City.
NOXIOUS WEED
means a weed designated to be a noxious weed under
the Weed Control Regulation BC. Reg. 66/85, as may
be amended or replaced from time to time, and includes
the seeds of the noxious weed.
OFFENDING MATERIAL
means any material or substance, including graffiti,
which this bylaw requires owners, occupiers or their
agents to remove or clear from their real properties.
ORDER TO COMPLY
means an order, which is substantially in the form of
Schedule A attached to and forming a part of this bylaw.
PUBLIC PROPERTY
means any real property owned or lease by the City
and ordinarily accessible to the public, including but not
limited to parks, roads, boulevards, sidewalks, and
dikes.
RUBBISH
includes, but is not limited to, waste, any derelict
fence, and any derelict vehicle.
UNSIGHTLY
means, in addition to its common dictionary meaning and
regardless of the condition of other properties in the
neighbourhood, real property having any one or more of
the following characteristics:
(a)
the accumulation of junk, filth, litter, brush,
discarded materials, refuse, rubbish, garbage,
graffiti, and/or derelict vehicles;
(b)
derelict fence(s);
(c)
landscaping that is dead, characterized by
uncontrolled
growth
or
significant
lack
of
maintenance, or is significantly damaged;
(d)
uncontrolled growth of noxious weeds;
(e)
the condition or appearance of a structure,
building, or of real property, or parts thereof, that
is characterized by graffiti, holes, breaks, rot,
crumbling, cracking, peeling, rusting, or any other
evidence of physical decay or neglect or
excessive use, or excessive lack of maintenance;
or
(f)
any
other
similar
conditions
of
disrepair,
dilapidation, and deterioration.
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VEHICLE
means any vehicle propelled otherwise than by muscle
power and includes an automobile, truck or other motor
vehicle, including a farm implement or equipment, motor
home, motorized construction equipment, motorcycle,
snowmobile, boat, recreational vehicle, aeroplane, trailer,
and any other device which is capable of being driven or
drawn.
WASTE
means decaying or non-decaying solid and semi-solid
wastes, including but not limited to both combustible
and non-combustible wastes, such as paper, trash,
refuse, cardboard, waste material, cans, wood, glass,
broken glass, crates, rags, barrels, boxes, plastic
containers, scrap wire, scrap iron, tin and other metal,
scrap paving material, discarded appliances, dead
animals, yard clippings, dry vegetation, weeds, dead
trees, accumulated branches, overgrown vegetation
and trees which may harbor insect or rodent infestations
or may become a fire hazard, and piles of earth mixed
with any of the above.
PART FOUR: OFFENCES AND PENALTIES
[4.1]1 Any person who:
(a)
violates or contravenes any provision of this bylaw, or who causes or allows any
provision of this bylaw to be violated or contravened; or
(b)
fails to comply with any of the provisions of this bylaw, any other City bylaw, or
any applicable statute; or
(c)
neglects or refrains from doing anything required under the provisions of this
bylaw; or
(d)
obstructs, or seeks or attempts to prevent or obstruct a person who is involved
in the execution of duties 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 Ten Thousand Dollars ($10,000.00),
in addition to the costs of the prosecution, and where the offence is a continuing one,
each day that the offence is continued shall constitute a separate offence.
4.2 (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 and
replaced from time to time; and
1 Consolidation Note: The amending bylaw, Housekeeping (Amendments) Bylaw No. 9718, included an error in the section numbering.
During consolidation, the section number under Part Four was corrected to read "4.1" instead of "8.1". This typographical error can be
addressed and updated as part of a future amendment.
BYLAW NO. 7162
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(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, as amended and
replaced from time to time, in accordance with the Local Government Bylaw
Notice Enforcement Act, SBC 2003, c. 60, as amended and replaced from time
to time.
PART FIVE: PREVIOUS BYLAW REPEAL
5.1
Unsightly Premises Bylaw No. 6349 (adopted October 11, 1994) is repealed.
5.2
Noxious Weed and Weed Seed Control Bylaw No. 2218 (adopted March 21, 1966) is
repealed.
PART SIX: SEVERABILITY AND CITATION
6.1
If any part, section, sub-section, clause, or sub-clause 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.
6.2
This bylaw is cited as "Unsightly Premises Regulation Bylaw No. 7162".
BYLAW NO. 7162
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SCHEDULE A to BYLAW NO. 7162
Date:
ORDER TO COMPLY
Pursuant to the Unsightly Premises Regulation Bylaw
and the Local Government Act
Civic Address
✪ <civic>, Richmond, BC
Legal Description
Lot ✪ Block ✪ Section ✪ Block ✪ North Range ✪ West
New Westminster District Plan ✪
You are hereby ordered to bring the condition of this property into conformity with Unsightly
Premises Bylaw No. 7162 and the Local Government Act by ✪ <date>, by doing the following:
(a)
✪ <(action words) details>;
(b)
✪ <(action words first)>;
(c)
✪; and
(d)
✪.
Details on the Order to Comply process, including appeals, are detailed in the attached letter.