District of Squamish Unsightly Premises and Objectionable Situations Bylaw No. 1868, 2005 (consolidated) — full text, Squamish, British Columbia

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DISTRICT OF SQUAMISH BYLAW NO. 1868, 2005 As Amended by Bylaws No. 1905 and 2309 THIS IS A CONSOLIDATED BYLAW PREPARED BY THE DISTRICT OF SQUAMISH FOR CONVENIENCE ONLY. THE CORPORATION DOES NOT WARRANT THAT THE INFORMATION CONTAINED IN THIS CONSOLIDATION IS CURRENT. IT IS THE RESPONSIBILITY OF THE PERSON USING THIS CONSOLIDATION TO ENSURE THAT IT ACCURATELY REFLECTS CURRENT BYLAW PROVISIONS. A Bylaw to Prevent Unsightliness and Other Objectionable Situations on Real Property in the District of Squamish. WHEREAS, the Council of the District of Squamish has the authority under the Community Charter to regulate, prohibit, and impose requirements, by bylaw, in relation to public places and to nuisances, disturbances, and other objectionable situations. NOW THEREFORE, the Council of the District of Squamish, in open meeting assembled, ENACTS AS FOLLOWS: 1. Interpretation: In this bylaw: (a) "Council" means the Council of the District; (b) "District" means the Corporation of the District of Squamish; (c) "Highway" means a highway as defined in the Highway Act; and, (d) "Noxious Weeds" means weeds designated as such under the Weed Control Regulation of the Weed Control Act. 2. Prohibitions No owner or occupier of 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 to grow or accumulate on such real property; H:\Hall\General\CONSOL_BYL\Current Consol Bylaws\1868 - Unsightly Premises Bylaw.doc 2 (e) any trees or other growths that create a safety hazard including, without limitation, trees and other growths that have become dried or inhabited by rodents or other pests, 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. 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; (e) trees and other growths that create a safety hazard; (f) graffiti; and, (g) unsightly conditions. 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 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 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 highway, public place, or private property in the District. 6. Graffiti on Public or Private Property No person shall place graffiti on a building or structure, or elsewhere, on any highway, public place, or private property in the District. 7. Right of Entry H:\Hall\General\CONSOL_BYL\Current Consol Bylaws\1868 - Unsightly Premises Bylaw.doc 3 Any officer or employee of the District 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) an officer or employee of the District in the performance of his or her duties under this bylaw; or (b) any person directed by the District to carry out the work under section 4 of this bylaw. 9. Offence Every person who violates any of the provisions of this bylaw, or who suffers or permits any act or thing to be done or omitted to be done in contravention of this bylaw shall be liable on summary conviction to a penalty not exceeding $2000. 10. Separate Offence Each day that a contravention or violation of or failure to perform any provision of this bylaw continues to exist will be deemed to be a separate offence. 11. 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. 12. Repeal of Existing Bylaw The District of Squamish Unsightly Premises Bylaw No. 1576, 1999 is hereby repealed. 13. Name of Bylaw This bylaw may be cited as the "Unsightly Premises and Objectionable Situations Bylaw No. 1868, 2005". 14. Ticket Offence The offences set out in Schedule A are designated for enforcement under s. 264 of the Community Charter, persons designated by Council as a Bylaw Enforcement Officer are designated as bylaw enforcement officers for the purpose of enforcing those offences, the use of the expressions set out in Schedule A on a ticket are authorized to designate those offences, and the fines for those offences are specified in Schedule A. (As amended by Bylaw No. 1905) READ A FIRST TIME this 26th day of April, 2005. H:\Hall\General\CONSOL_BYL\Current Consol Bylaws\1868 - Unsightly Premises Bylaw.doc 4 READ A SECOND TIME this 26th day of April, 2005. READ A THIRD TIME this 26th day of April, 2005. ADOPTED this 3rd day of May, 2005. Mayor Director of Administrative Services H:\Hall\General\CONSOL_BYL\Current Consol Bylaws\1868 - Unsightly Premises Bylaw.doc 5 SCHEDULE A MUNICIPAL TICKET INFORMATION DESIGNATIONS (As amended by Bylaw No. 1905) Schedule A deleted (As amended by Bylaw No. 2309, 2014) H:\Hall\General\CONSOL_BYL\Current Consol Bylaws\1868 - Unsightly Premises Bylaw.doc