Property Maintenance & Repair - Bylaw 7897 (2005)

Richmond, British Columbia

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2729171 CITY OF RICHMOND PROPERTY MAINTENANCE & REPAIR BYLAW NO. 7897 EFFECTIVE DATE - JUNE 27, 2005 CONSOLIDATED FOR CONVENIENCE ONLY This is a consolidation of the bylaws listed 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 EFFECTIVE DATE Bylaw 8231 May 14, 2007 Bylaw 8485 September 14, 2009 2729171 CITY OF RICHMOND PROPERTY MAINTENANCE & REPAIR BYLAW NO. 7897 TABLE OF CONTENTS PART ONE BUILDING AND SAFETY STANDARDS 1.1 General Prohibitions............................................................................1 1.2 Fire Protection......................................................................................3 1.3 Tenancies ..............................................................................................3 PART TWO REMEDIATION REQUIREMENTS 2.1 Owner Obligations...............................................................................3 2.2 Inspection and Certification Requirements.......................................4 2.3 Occupancy ............................................................................................4 2.4 Alterations ............................................................................................4 PART THREE FEES 3.1 Establishment of Fees ..........................................................................5 PART FOUR NOTICES AND INSPECTIONS 4.1 Role of the Inspector............................................................................6 4.2 Discontinuance of Service....................................................................6 PART FIVE VIOLATIONS AND PENALTIES.....................................................7 PART SIX INTERPRETATION...........................................................................7 PART SEVEN FAILURE TO COMPLY..................................................................12 PART EIGHT SEVERABILITY & CITATION......................................................12 Schedule A Inspection, Confirmation & Re-Occupancy Fees................................13 Schedule B Letter to Property Owner .....................................................................14 Schedule C Notice...................................................................................................15 Schedule D Service Fees .........................................................................................16 Schedule E Certification Form................................................................................17 Schedule F Re-Occupancy Permit..........................................................................18 2729171 ww City of Richmond Bylaw 7897 PROPERTY MAINTENANCE & REPAIR BYLAW NO. 7897 The Council of the City of Richmond enacts as follows: PART ONE: BUILDING AND SAFETY STANDARDS 1.1 General Prohibitions 1.1.1 A person must not, other than when authorized by the owner or operator of an electrical or water distribution system, disconnect from such electrical or water distribution system, a meter installed for the purpose of ascertaining the consumption of electricity or water. 1.1.2 A person must not: (a) divert or install exhaust vents of hot water tanks or furnaces so that they exhaust into or within a building, instead of by way of an exhaust vent constructed or installed in compliance with applicable safety enactments; (b) construct or install any obstruction of an exit or an access to an exit required under the Building Regulation Bylaw or other safety enactment; (c) remove fire stopping that is provided or required under a safety enactment to contain the spread of fire within a building; or (d) undertake an alteration to a building for the purpose of establishing or operating a grow operation. 1.1.3 If, as a result of the use of a parcel as a grow operation or controlled substance property, (a) the supply of electricity, water, or natural gas to the parcel has been disconnected by the City or any other lawful authority; or (b) unauthorized alterations have been made to structural, electrical, water or gas systems, equipment, appliances, or other accessories of any kind on the parcel; or (c) a hazardous condition exists on the parcel, Bylaw 7897 Page 2 2729171 a person must not permanently reconnect the supply of electricity, water, or natural gas and, subject to the Residential Tenancy Act, a person must not use or occupy the parcel until: (i) the parcel has been inspected by the building official and all other lawful authorities having jurisdiction over the supply of electricity, water, or natural gas, for compliance with all health and safety requirements in the bylaws of the City, and any provincial statute or regulation relating to building, electrical, water, health, gas, or fire safety; (ii) the owner has obtained all permits, approvals or authorizations required to carry out the work necessary to bring the parcel into compliance with the bylaws of the City, and all provincial statutes and regulations; (iii) all of the work referred to in this section has been completed and inspected by the building official and all other lawful authorities having jurisdiction, and the parcel is in compliance with the bylaws of the City, and all applicable provincial statutes and regulations; and (iv) the owner has paid all service fees and other fees imposed by Schedule A of this bylaw and other relevant City bylaws in relation to the inspection of the parcel, and the issuance of permits, and the Manager, Building Approvals has issued a re-occupancy permit for the parcel (Schedule F). 1.1.4 The building official or fire inspector may post a notice containing the words "Unsafe - Do Not Enter or Occupy" in a conspicuous place at the entrances to a controlled substance property in respect of which: (a) the fire inspector or the Manager, Building Approvals has made an order to vacate, or (b) Council has made an order to vacate under the Community Charter. 1.1.5 A person must not: (a) interfere or obstruct the building official or fire inspector from posting a notice referred to in subsection 1.1.4; or (b) remove, alter, cover, or mutilate a notice posted under subsection 1.1.4, except with the permission of the building official or fire inspector, whichever is applicable. Bylaw 7897 Page 3 2729171 1.1.6 No Person may cause or allow a building to become subject to the growth of mould or fungus arising from, or in relation to, the cultivation of marijuana plants, or the production of amphetamines or other controlled substances in such building. 1.2 Fire Protection 1.2.1 An owner or occupier of real property must: (a) undertake any action directed by a fire inspector for the purpose of removing or reducing any thing or condition that the fire inspector considers is a fire hazard or increases the danger of fire; and (b) permit entry by an inspector, who attends the real property at any reasonable time, to determine whether there is compliance with this bylaw. 1.3 Tenancies 1.3.1 Every owner of residential premises or other building that is subject to a tenancy agreement must inspect such residential premises or other building at least once every three months to ascertain whether this bylaw has been contravened. 1.3.2 Every owner of residential premises or other building that is subject to a tenancy agreement who has knowledge of a contravention of this bylaw, in relation to the residential premises or other building, must: (a) within 48 hours of the discovery of the contravention, deliver written notice to the City of the particulars of the contravention, and (b) within two months of the delivery of the notice, subject to the Residential Tenancy Act, take any action necessary to bring the residential premises or other building into compliance with this bylaw. PART TWO: REMEDIATION REQUIREMENTS 2.1 Owner Obligations 2.1.1 If a building has been used for a grow operation, and the City has delivered to the owner of such building, at the address shown on the Assessment Roll, a Letter to Property Owner (Schedule B), the owner of the building must, within fourteen days after the grow operation has been removed, subject to the Residential Tenancy Act: (a) either remove and dispose of all carpets and curtains in the building, or have all carpets and curtains in the building cleaned by a professional cleaner; Bylaw 7897 Page 4 2729171 (b) have all air ducts cleaned by a professional cleaner or by a duct cleaning company, if the building is heated by forced air heating; and (c) either remove all mould or water-damaged materials such as, but not limited to, drywall or gyproc, or have all walls and ceilings in the building cleaned and disinfected by a professional cleaner. 2.2 Inspection and Certification Requirements 2.2.1 After a professional cleaner has been engaged by the owner and has complied with the requirements of section 2.1, an individual or corporation certified by the Canadian Registration Board of Occupational Hygienists or the American Board of Industrial Hygiene must inspect the building and provide a written Certification Form (Schedule E) to the Manager, Building Approvals, confirming that the requirements of section 2.1 have been satisfied, and that the building is substantially free of any pesticides, fertilizers, toxic substances, moulds, or fungi, prior to the occupancy or re-occupancy of the building. 2.3 Occupancy 2.3.1 After a grow operation has been removed from a building and until the remedial measures prescribed by section 2.1 have been completed and written certification has been provided in accordance with section 2.2, the building must not be occupied by any person. 2.3.2 Before a building is re-occupied after removal of a grow operation, the owner must notify the prospective occupants in writing that a grow operation has been removed and that the requirements of this bylaw have been met. 2.4 Alterations 2.4.1 A building must not be re-occupied after the removal of a grow operation until: (a) a building permit has been obtained for any proposed or remediation work, including an alteration, which requires a permit under the Building Regulation Bylaw; (b) the building complies with the requirements of British Columbia Building Code, the British Columbia Fire Code, the Safety Standards Act of British Columbia, the City's Building Regulation Bylaw, this bylaw, all as amended from time to time, and all other health and safety requirements established by law; (c) the owner has paid all service fees and other fees due and owing under this or any other bylaw of the City; Bylaw 7897 Page 5 2729171 (d) the Manager, Building Approvals has confirmed that a satisfactory occupancy inspection of the residential premises by the City's Building Approvals Department has been completed; and (e) a re-occupancy permit (Schedule F) has been issued. PART THREE: FEES 3.1 Establishment of Fees 3.1.1 The following fees apply under this bylaw: (a) each time an Inspector enters on a parcel to carry out an inspection in the exercise of authority by the City to regulate, prohibit or impose requirements under this bylaw, or another safety enactment, the owner must pay the administration and inspection fee specified in Schedule A, and such fee must be paid before confirmation is provided under clause (d) of subsection 2.4.1. (b) for each inspection prior to the issuance of a re-occupancy permit, the owner or occupier must pay the re-occupancy permit fee specified in Schedule A; (c) to obtain a re-occupancy permit, the owner must pay the fees specified in Schedule A; (c.1) for a special safety inspection, the owner or occupier must pay the fee specified in Schedule A; and (d) in addition, every owner whose parcel is used for a grow operation or controlled substance property must pay to the City all service costs incurred by or on behalf of the City, calculated in accordance with Schedule D and which are deemed to be service fees as identified in Schedule D, unless that owner has delivered to the City notice pursuant to subsection 1.3, prior to any entry by the City onto the parcel. 3.1.2 Every person required to pay any fee or service fee under this bylaw may within 30 days of receipt of an invoice demanding payment, appeal the amount of the invoice by notifying the Director, City Clerk's Office in writing. The person shall be afforded the opportunity to be heard by Council to determine if the fee or service fee should be paid. Bylaw 7897 Page 6 2729171 PART FOUR: NOTICES AND INSPECTIONS 4.1 Role of the Inspector 4.1.1 Subject to the provisions of the Community Charter, an Inspector may attend or request the attendance of one or more other Inspectors to enter onto and inspect a parcel, if the Inspector: (a) believes the real property is not in compliance with this bylaw; (b) is concerned for the health, safety, or possible injury to a tenant, an occupant, or the public; or (c) believes there is property damage to a building which may affect the health or safety of a tenant, an occupant, or the public. 4.1.2 Subject to the provisions of the Community Charter, an inspector may: (a) inspect and determine whether all regulations, prohibitions and requirements under this bylaw or other safety enactments are being met in relation to any matter for which the Council, a municipal officer or employee or a person authorized by the Council has exercised authority under this or another enactment to regulate, prohibit or impose requirements; (b) coordinate a special safety inspection of a parcel or parcels; (c) carry out a special safety inspection of a parcel or parcels pursuant to paragraph (b) of this subsection; (d) take action authorized under Part Seven; and (e) inspect, disconnect or remove a water service pursuant to subsection 4.2. 4.1.3 The Manager, Building Approvals or a person acting under the direction of the Manager, Building Approvals may post a Notice (Schedule C) on any building which has been used for a grow operation, advising of the provisions of this bylaw. 4.1.4 A person must not interfere with an inspection or proposed inspection under subsection 4.1.2, or remove or deface any notice posted under subsection 4.1.3. 4.2 Discontinuance of Service 4.2.1 The City may discontinue providing water service to a parcel if the water is being used for, or in relation to, a grow operation on the parcel, provided the City: Bylaw 7897 Page 7 2729171 (a) gives the owner and occupier of the parcel seven days written notice of an opportunity to make representation to Council with respect to the proposed discontinuance of the water service; and (b) after the persons affected have had an opportunity to make representation to Council, the City must give the owner and occupier seven days written notice of any proposed discontinuance of the water service. PART FIVE: VIOLATIONS AND PENALTIES 5.1 Any person who: (a) violates or who causes or allows any of the provisions of this bylaw to be violated; or (b) fails to comply with any of the provisions of this, or any other applicable bylaw or statute; or (c) neglects or refrains from doing anything required by this bylaw; or (d) makes any false or misleading statement, is deemed to have committed an infraction of, or an offence against this bylaw, and is liable on summary conviction, to the penalties provided for in the Offence Act, and each day that such violation is caused or allowed to continue constitutes a separate offence. PART SIX: INTERPRETATION 6.1 In this bylaw, unless the context requires otherwise: ALTERATION means any change made to the structural, gas, plumbing, ventilation mechanical or electrical components of a building. AMPHETAMINES include dextroamphetamines and methamphetamines. BUILDING means a structure or portion of a structure, including foundations and supporting structures for equipment or machinery or both, which is used or intended to be used for supporting or sheltering a use, occupancy, persons, animals, or property. Bylaw 7897 Page 8 2729171 BUILDING REGULATION means the current Building Regulation Bylaw of BYLAW the City. BUILDING OFFICIAL means the General Manager, Urban Development for the City, and every employee or agent appointed by the City to inspect buildings in respect of building, plumbing or gas safety standards. CONSTRUCT/CONSTRUCTION means to build, erect, install, repair, alter, add, enlarge, move, locate, relocate, reconstruct, demolish, remove, excavate or shore. CONTROLLED SUBSTANCE means a "controlled substance" as defined and described in Schedules I, II, or III of the Controlled Drugs and Substances Act (R.S.C. 1996, c. 19), but does not include a controlled substance that is permitted under that Act or otherwise lawfully permitted under the Business License Bylaw. CONTROLLED SUBSTANCE means: PROPERTY (a) a parcel contaminated by chemical or biological materials used in, or produced by, the trade or manufacture of a controlled substance; or (b) a building altered to trade or manufacture a controlled substance; or (c) a parcel which has been used for the manufacture, growing, sale, trade or barter of a controlled substance therein or thereon; and which does not meet applicable safety standards under the British Columbia Building Codes, Gas Code and Electrical Code per B.C. Safety Standards Act, British Columbia Fire Code, Health Act, or other applicable safety regulations including any bylaw requirements of the City all as amended from time to time. COUNCIL means Council of the City. CITY means City of Richmond. FIRE CHIEF means the person who is appointed to be head of the Richmond Fire Rescue Department and every Bylaw 7897 Page 9 2729171 person designated by Council under the Community Charter by name of office or otherwise to act in the place of the Fire Chief. FIRE INSPECTOR means the Fire Chief and every member of the Richmond Fire Department or any other person designated by the Fire Chief by name or office or otherwise. GROW OPERATION means the cultivation of marijuana plants or the production of amphetamines, or the production of other controlled substances. HAZARDOUS CONDITIONS means: (a) any real or potential risk of fire; (b) any real or potential risk to the health or safety of persons or property; (c) any unapproved or unauthorized building alteration; or (d) repairs needed to a building, arising or resulting from the use or contamination of a parcel as a controlled substance property. INSPECTOR means: (a) a fire inspector; (b) the City's Manager of Building Approvals and every employee or agent authorized by the City to inspect buildings in respect of building, plumbing, electrical or gas standards; (c) the Chief Licensing Inspector and licensing inspectors (d) a bylaw enforcement officer; (e) other persons designated by Council by name of office or otherwise to act in the place of persons, officers, or employees referred to in clauses (a) through (d). MANAGER means the Manager, Community Bylaws, the Chief Licensing Inspector, or the Manager, Building Approvals. OCCUPIER means a person occupying a property within the City and includes the registered owner of the Bylaw 7897 Page 10 2729171 property where the owner is the person occupying or if the property is unoccupied. OWNER includes the registered owner in fee simple of real property located in the City and those persons defined as "owner" in the Community Charter. PARCEL means includes land and any improvement comprised in a parcel. PESTICIDES means a substance or mixture, including a chemical, used to destroy, prevent, repel or mitigate fungi or animal pests or microorganisms such as bacteria or viruses, and includes herbicides, fungicides, or other substances used to control pests, plant regulators, defoliants or desiccants. PROFESSIONAL CLEANER means an individual or corporation that is experienced and qualified in removing contaminants from buildings and is licensed to carry on business in the City. RE-OCCUPANCY PERMIT means permission or authorization through the issuance of Schedule F by the Manager, Building Approvals to re-occupy any building, in respect of which the Manager, Building Approvals has issued an order to cease occupancy because of a hazardous condition. RESIDENTIAL PREMISES means any building that may lawfully be occupied as a dwelling unit by one or more persons. SERVICE COSTS means all direct and indirect costs incurred: (a) by the Richmond Fire Rescue Department; (b) by the Richmond detachment of the Royal Canadian Mounted Police; (c) by the City's Business Licensing Department and Building Approvals Department; (d) under a contract for services by an independent contractor, service provider, consultant or agent, including without limitation, a qualified electrical inspector, a hazardous materials professional, a professional engineer, a health professional, a Bylaw 7897 Page 11 2729171 person retained to carry out construction or demolition; (e) for associated administration and overhead expenses in relation to an inspection of a parcel that has apparently been used for a grow operation or controlled substance property; (f) or the lawful dismantling, disassembly, demolition, removal, clean-up, transportation, storage and disposal of structures, equipment, substances, materials and other paraphernalia associated with a grow operation or with the use, trade, business or manufacture of any controlled substance; (g) for the replacement of consumables used, or the replacement of equipment following exposure to contaminants; and (h) as a result of the analysis of the materials found at the property and the health and safety conditions at the parcel, all of which are determined in accordance with Schedule D of this bylaw; SPECIAL SAFETY means an inspection coordinated with any INSPECTION municipal departments, provincial or federal authorities, and independent professionals or contractors as may be necessary to ascertain hazardous conditions or contraventions that may exist under the British Columbia Building Code, the British Columbia Fire Code, the Safety Standards Act, the Health Act, bylaws of the City or other applicable enactments, but does not include an inspection pursuant to an emergency call for police, fire or ambulance services or an inspection carried out under a warrant as part of a criminal investigation. STRUCTURE means all or part of a construction, whether fixed to, supported by, sunk into, or located in, land, water or airspace, and includes freestanding sign structures over 3.0 m in height and supporting structures for such signs, and includes a sewage holding tank, but excludes landscaping, paving, a fence, or a retaining wall under 1.0 m in height. Bylaw 7897 Page 12 2729171 TENANCY AGREEMENT means an agreement, whether written or oral, express or implied, having a predetermined expiry date or not, between a landlord and tenant respecting possession of residential premises. PART SEVEN: FAILURE TO COMPLY 7.1 If an owner or occupier of a parcel fails to comply with a requirement of the City under this bylaw or another safety enactment, the City, within the time specified in the order or notice, may enter on the parcel and take such action as may be required to correct the default, including to remediate the parcel or to have the parcel attain a standard specified in any safety enactment, at the expense of the owner or occupier who has failed to comply, and may recover the costs incurred as debt. 7.2 If the owner has failed to pay the cost to the City incurred under section 7.1 before the 31st day of December in the year that the corrective action was taken, the service costs must be added to and form part of the taxes payable on the property as taxes in arrears. PART EIGHT: SEVERABILITY AND CITATION 8.1 If any part, section, subsection, clause, or subclause 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. 8.2 This bylaw is cited as "Property Maintenance & Repair (Grow-Op) Bylaw No. 7897", and comes into force and effect on July 1st, 2005. Bylaw 7897 Page 13 2729171 SCHEDULE A to BYLAW NO. 7897 INSPECTION, CONFIRMATION & RE-OCCUPANCY FEES The following fees apply to all inspections and related administrative actions carried out under this Bylaw: 1. Other than an inspection for the purpose of a re-occupancy permit, each time an inspector enters on a parcel to inspect pursuant to section 4.1.2(a), the owner or occupier must pay to the City: (a) $300.00; and (b) an additional $300.00 for each subsequent inspection undertaken if the owner or occupier has failed to undertake any action ordered by a fire inspector, the City, or a person authorized under this bylaw to order the action. 2. Each time a special safety inspection is carried out pursuant to section 4.1.2(c), the owner or occupier must pay to the City $4,200.00. 3. Before confirmation is provided under section 2.4.1(d), the owner or occupier must pay all applicable fees under the City's Building Regulation Bylaw and any amendments thereto; and 4. To obtain a re-occupancy permit, the owner or occupier must pay to the City $500.00 for up to two inspections by a building official and, if necessary, $120.00 for each subsequent inspection. Bylaw 7897 Page 14 2729171 SCHEDULE B to BYLAW NO. 7897 LETTER TO PROPERTY OWNER Re: Property Maintenance & Repair (Grow-Op) Bylaw 7897 This letter is to notify you that Richmond's "Property Maintenance & Repair (Grow-Op) Bylaw No. 7897" establishes regulations concerning the cleaning and remediation of buildings that have been used for marijuana grow operations or amphetamine production. The City has been advised by the Royal Canadian Mounted Police that the building at (insert address) was in use as a marijuana grow operation (or amphetamine production operation) which has been removed by the police. The bylaw requires that within 14 days, all carpets and curtains in the premises must be removed or cleaned, any forced air heating ducts in the premises must be cleaned, and all walls and ceilings must be cleaned and disinfected. That work must be carried out by a Professional Cleaner with experience in removing contaminants from buildings. The Professional Cleaner must hold a license to carry on business in Richmond. After the cleaning is completed, an individual or corporation certified by the Canadian Registration Board of Occupational Hygienists or the American Board of Industrial Hygiene must certify that the premises are safe for human occupancy. Until the cleaning and certification have been completed, subsection 2.3.1 of the bylaw prohibits occupancy by any person. Before occupancy, you are required to notify prospective occupants that the requirements of the bylaw have been satisfied. We enclose a copy of the bylaw for your reference. If you have any questions concerning the regulations in the bylaw, please call the City's Business Licensing, Permits and Bylaws Department at (insert telephone number). Bylaw 7897 Page 15 2729171 SCHEDULE C NOTICE TAKE NOTICE THAT these Premises have been used as a marijuana grow operation (or an amphetamine production operation). Pursuant to Richmond's "Property Maintenance & Repair (Grow-Op) Bylaw No. 7897", no person may occupy these premises until cleaning and remediation have been completed in accordance with that bylaw and the Manager, Building Approvals or his designate has confirmed that a satisfactory occupancy inspection has been completed. It is an offence to remove or deface this notice. Any inquiries should be directed to Manager, Building Approvals (insert name and telephone number of appropriate City official). ____________________________________ Bylaw 7897 Page 16 2729171 SCHEDULE D SERVICE FEES A. Staff Costs (2 hour minimum charge) All fees charge shall be the hourly wage paid for the individual attending as determined by the applicable working/collective agreement or pay grid for nonunion staff plus an amount of $15.00 per hour per person which equates to the additional personnel and equipment costs incurred by the City for each hour of service provided. Constable R.C.M.P Bylaw Enforcement Officer Bylaw Enforcement Supervisor Senior Building Official Building Official Fire Fighter B. Equipment Costs Fire Truck $300.00 /hr or part thereof Replacement of Equipment by Cost to City Exposure to contaminants Replacement of Consumable Equipment Cost to City Analysis and Tests of materials or Cost to City Conditions found at the property C. Administration Administration and Overhead costs of 15% shall be charged on all of the above fees. Bylaw 7897 Page 17 2729171 SCHEDULE E CERTIFICATION FORM TO: City of Richmond FROM: (insert name of professional cleaner) RE: Premises at (insert address) This is to certify that in accordance with sections 2.1 and 2.2 of the "Property Maintenance & Repair (Grow-Op) Bylaw No. 7897", the professional identified in this certification: (a) meets the requirements for a professional inspector under section 2.2 of the bylaw; (b) has completed an inspection of the Premises on (date); and (c) the Premises are remediated in accordance with section 2.3 and as such, are substantially free from any pesticides, toxic chemicals, moulds, or fungi normally associated with and found in a "Grow Operation" premises, and that the Premises are fit for human use and occupancy. The undersigned professional may be contacted at: (insert business telephone number). CERTIFIED AS OF ___________________(insert date) (insert name of professional inspector) ________________________ Authorized Representative Bylaw 7897 Page 18 2729171 SCHEDULE F RE-OCCUPANCY PERMIT Address of Building: Legal Description: Approved Occupancy (use): The Building remediated under the authority of Building Permit Number: __________ is approved for Re-occupancy. This Permit confirms that inspections pursuant to Property Maintenance and Repair (Grow-Op) Bylaw No. 7897 have been completed and remediation requirements have been satisfied. This Permit is not a warranty that the subject Building complies with all Municipal and Provincial Regulations governing Building Construction nor that it is without defect. It is only a formal comment on the remediated condition of the Building at the date of issue only. This certificate must be affixed to a conspicuous and permanent place in the said building and must not be removed. Manager, Building Approvals Date: