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BYLAW
Property Maintenance Bylaw
No. 522, 2012
Consolidated for convenience only June 2019
This Consolidation includes the following Bylaw Amendments:
522-1, 2016
522-2, 2022
This version of this bylaw is a consolidation of amendments to the original bylaw as of the date
specified. This consolidation is done for the convenience of users and accurately reflects the status of
this bylaw as of the specified date but must not be construed as the original bylaw and is not
admissible in Court unless specifically certified by the Corporate Officer for the District of Sechelt.
Persons interested in the definitive wording of this bylaw and its amendments should view the original
bylaws at the District of Sechelt.
DISTRICT OF SECHELT
BYLAW No. 522, 2012
A bylaw to regulate maintenance of property in the District of Sechelt
WHEREAS Section 8 (3) (h) of the Community Charter, SBC 2003, c. 26, provides that Council
may enact a bylaw to regulate or prohibit in relations to, among others, the protection and
enhancement of the well-being of its community in relation to, among others, nuisances,
disturbances and other objectionable situations;
AND WHEREAS Section 8 (b) of the Community Charter provides that Council may enact a
bylaw prohibiting persons from doing things with their property and (c) provides that Council
may enact a bylaw to require persons to do things with their property, and to do things at their
expense;
AND WHEREAS Section 64 of the Community Charter provides that the authority of Council
under Section 8 (3) (h) may be exercised in relation to (b) nuisances, (c) the emission of smoke,
dust, gas, sparks, ash, soot, cinders, fumes or other effluvia that is liable to foul or contaminate
the atmosphere, (d) refuse, garbage or other material that is noxious, offensive or unwholesome
and (j) the carrying on of a noxious or offensive business activity;
AND WHEREAS Council wishes to regulate the protection and enhancement of the well-being
of its community in relation to, among others, nuisances, disturbances and other objectionable
situations in the District of Sechelt;
NOW THEREFORE the Council of the District of Sechelt in open meeting assembled enacts as
follows:
1.
Citation
This bylaw may be cited as District of Sechelt Property Maintenance Bylaw No. 522, 2012.
2.
Prohibitions
No owner, legal tenant, or person authorized by the owner to occupy and use real property
shall cause or permit:
(a)
refuse, garbage, or other noxious, offensive, or unwholesome material to accumulate
on such real property or in any buildings or structures located on such real property;
(b)
water to accumulate on such real property or in any buildings or structures located on
such real property;
(c)
unsanitary conditions to exist on such real property or in any buildings or structures
located on such real property;
(d)
noxious weeds designated under the Weed Control Regulation of the Weed Control
Act, as amended from time to time, to grow or accumulate on such real property;
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District of Sechelt Property Maintenance Bylaw No. 522, 2012
(e)
any trees or other growths that create a safety hazard to remain on such real property;
(f)
graffiti to be placed or remain on any buildings or structures located on such real
property;
(g)
unsightly conditions to exist on such real property or in any buildings or structures
located on such real property;
(h)
health, fire or safety hazards to exist with respect to stairs, steps, verandahs,
balustrades, handrails, walks, driveways, parking spaces, buildings, structures or
fences; and
(i)
nuisance odour;
(j)
a vacant property or vacant building to be unsecure to allow unauthorized access,
occupation, use, vandalism, unlawful activity or fire hazard.
3.
Removal Required
Every owner and occupier of real property shall remove, or cause to be removed, from
such real property and from any buildings or structures located on such real property all:
(a)
accumulations of refuse, garbage, or other noxious, offensive, or unwholesome
material;
(b)
accumulations of water;
(c)
unsanitary conditions;
(d)
noxious weeds designated under the Weed Control Regulation of the Weed Control
Act, as amended from time to time;
(e)
trees and other growths that create a safety hazard;
(f)
graffiti;
(g)
unsightly conditions; and
(h)
nuisance odour sources: an odour in the air that is obnoxious, offensive, or interferes
with the use or enjoyment of property, endangers personal health or safety, or is
offensive to the sense and causes inconvenience or annoyance to a person with a
normal sense of smell, except odours related to permitted combustion such as, but
not limited to, wood stoves, vehicle emissions.
4.
Non-compliance
In the event the owner or occupier of real property fails to comply with section 3 of this
bylaw, and the owner or occupier of such real property has been given an opportunity to
appear before Council to be heard in respect of such failure, the District of Sechelt may, by
its own officers and employees or other persons, carry out the work necessary to comply
with section 3 of this bylaw at the expense of the owner or occupier, and the District of
Sechelt may recover the costs of undertaking such work either as a debt against the person
in default or in the same manner and with the same remedies as property taxes.
5.
Rubbish on Public or Private Property
No person shall deposit or throw bottles, broken glass, or other rubbish on any private
property in the District of Sechelt.
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District of Sechelt Property Maintenance Bylaw No. 522, 2012
6.
Graffiti on Public or Private Property
No person shall place graffiti on a building or structure, or elsewhere, on any private
property in the District of Sechelt.
7.
Right of Entry
Any officer or employee of the District of Sechelt may enter at all reasonable times on any
real property or in any buildings or structures located on such real property to ascertain
whether the regulations and requirements of this bylaw are being observed.
8.
No Interference
No person shall obstruct or interfere with:
(a)
any officer or employee of the District of Sechelt in the performance of his or her
duties under this bylaw; or
(b)
any person directed by the District of Sechelt to carry out the work under section 4 of
this bylaw.
9.
Enforcement and Penalty
(a)
Except where the penalty is otherwise provided for in the Community Charter, every
person who offends against any of the provisions of this bylaw, or who suffers or
permits any act or thing to be done in contravention or violation of the provisions of
this bylaw, or neglects to do or refrains from doing anything required to be done by
this bylaw, shall be deemed to have committed an offence under this bylaw and shall
be liable, to fines specified under the Bylaw Notice Enforcement Implementation
Bylaw No. 515, 2012.
(b)
Each day that a violation is permitted to exist constitutes a separate offence.
10.
Severability
If any portion of this bylaw is held to be invalid by a court of competent jurisdiction, such
invalidity shall not affect the validity of the remaining portions of this bylaw.
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District of Sechelt Property Maintenance Bylaw No. 522, 2012
11.
Repeal
The Unsightly Premises Bylaw No. 345, 1998 and the Minimum Maintenance Standards
Bylaw No. 85, 1989 are hereby repealed.
READ A FIRST TIME THIS
21st
DAY OF November
2012
READ A SECOND TIME THIS
21st
DAY OF November
2012
READ A THIRD TIME THIS
21st
DAY OF November
2012
ADOPTED THIS
5th
DAY OF December
2012
Mayor
Interim Corporate Officer