Unsightly Premises By-law No. 672-1996 — full text, Stewart, British Columbia

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I ' - District of Stewart By-law No. 672-1996 Being a By-law to prohibit unsightly premises within the District ofStewart WHEREAS pursuant to Section 932 (b),(g),(h),(h.l),and (k) ofthe "Municipal Act", R.S.B.C, Ch. 255, 1960, as amended, the Council ofthe District of Stewart, may by By law, regulate untidy and unsightly premises, and require the owners or occupiers of real property or their agents, to remove therefrom any accumulation offilth, discarded materials, or rubbish of any kind. NOW THEREFORE, the Council ofthe District of Stewart in open meeting, assembled enacts as follows: DEFINITIONS: "Administrator:" means the official appointed as Administrator by the Council of the District of Stewart or in his absence another official designated to act on his behalf. "By-law Enforcement Officer:" means the person or persons appointed by the Council of the District of Stewart to enforce its By-laws and for the purposes ofthis By-law, includes the Administrator. "Council:" means the Council of the District of Stewart. "Derelict Vehicle:" means: a) a motor vehicle which has not been registered for a period of one year or more and is not capable of movement under its own power; b) any part of a motor vehicle; c) not validly registered and licensed in accordance with the Motor Vehicle Act, R.S.B.C., 1979, c.288, d) which is not stored in a covered building or carport. "District:" means the District of Stewart. "Filth, Discarded Materials or Rubbish:" means: a) garbage, litter and disused materials; b) noxious, offensive or unwholesome matters; c) derelict vehicles; and d) unused or unusabletrailers,boats, vessels, mechanical or metal parts, bottles and glass. "Graffiti:" means a pieceof writing or drawing scribbled, scratched, sprayed, painted or otherwise affixed to a surface. "Occupier:" means a person who: a) is in physical possession ofland, premises or property, and; b) is responsible for and has control over the condition of the activities conducted on and the persons allowed to enter or use the land, premises, property or which has the same meaningas defined in the Municipal Act. "Otvner:" includes every person who has any estate or interest in any land or which has the same meaning as defined in the Municipal Act. "Person:" shall, when necessary, mean and include natural persons of either sex, associations, corporations, political bodies, co-partnerships, whether acting by themselves or by a servant, agents or employee and their heirs, executors, administrators, successors and assigns, or other legal representatives of such person to whom the context can apply according to law. The singular shall when necessary be held to mean and include the plural, the masculine, the feminine, and the converse thereof. "Watenvay:" means any stream, creek, waterway, watercourse, waterworks, ditch, drain, or sewer within the District of Stewart, whether or not it is situated on private property. ADMINISTRA TION: Right of A By-law Enforcement Officer mayenter at all reasonabletimes, upon any Entry for property subject to the regulations ofthis By-law, to ascertain whether a Inspection requirement is being met or the regulations are being observed. ^ Penalty Any person who violates a provision ofthis By-law shall, upon conviction, be liable to a penalty of not less than $100.00 or more than Five Hundred Dollars ($500.00) for a first offence, and not less than $100.00 or more than Five Hundred Dollars ($500.00) for a second and subsequent offence. Jurisdiction This By-law is applicable to and enforceable in the District of Stewart. Complaints Complaints regarding real property in an unsightly condition shall be made to the By-law Enforcement Officer. REGULATIONS: 2.1 Accumulation of Water, Rubbish, or Noxious, Offensive or Unwholesome Matter No person being an owner or occupier of real property shall cause or permit rubbish or noxious, offensive or unwholesome matter to collect or accumulate around their premises. 2.2 Unsightly No person beingan owner or occupier of real property shall allowthe real Premises property to become or remainunsightly. 2.3 Nuisance No person being an owner or occupierofreal property shall by doing, or failing to do any act, deed, thing, action, create, permit or cause to be created a nuisance. 2.4 Waterways No personshall foul, obstruct or impede the flow of any waterway within the boundaries ofthe District of Stewart. 2.5 Deposit of No person shall deposit or throw bottles, broken glassor other rubbish in Rubbish any open place. 2.6 Graffiti No person shall place graffiti onwalls, fences or elsewhere onor adjacent to a public place. 3. Remedial Owners or occupiers of real property, or theiragents, shall, whendirected to do so by a By-law Enforcement Officer: a) Removefrom the propertyunsightly accumulations of filth, discarded materials, rubbish, graffiti, or derelict vehicles. b) cease creating or eliminate any nuisance. 4 Should any owner or occupier of real property or their agent fail to comply with a requirement by the By-law Enforcement Officer to: a) remove from the property unsightly accumulations offilth, discarded materials, rubbish or graffiti or derelict vehicles. The District of Stewart, by its employees or other persons at reasonable times and in a reasonable manner, may enter on the property and effect the removal at the expense ofthe person who has failed to comply and the costs incurred by the District of Stewart for the removal if unpaid on or before December 31, in the year the removal was done, shallbe added to and form part ofthe taxes payable on the property as taxes in arrears. This By-law may be cited as the "District of Stewart UnsightlyPremises By-law No. 672-1996. READ A FIRST TIME THIS 12th Day of August. 1996. READ A SECOND TIME THIS 15th Day of October. 1996. READ A THIRD TIME THIS 15th Day of October. 1996. RECONSIDERED AND ADOPTED THIS 12th Day of November. 1996 Mayor District of Stewart ekA^L^zr^Uxrc-J^ Clerk District of Stewart I hereby certify that this is a true copy ofBy-law No. 672-1996 ofthe District of Stewart, cited as "Unsightly Premises By-law No. 672-1996. Clerk District of Stewart