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THE CORPORATION OF THE VILLAGE OF TELKWA
GOOD NEIGHBOUR BYLAW NO. 587, 2008
A bylaw to prohibit unsightly premises, nuisances and other objectionable situations
The Council of the Village of Telkwa in open meeting assembled pursuant to sections
8(3)(h) and 64 of the Community Charter enacts as follows:
CITATION
1.
This bylaw may be cited for all purposes as "Good Neighbour Bylaw No. 587, 2008".
PREVIOUS BYLAW REPEAL
2.
"Property Maintenance Bylaw No. 150, 1980" is repealed.
DEFINITIONS
3.
In this Bylaw:
"Bylaw Enforcement Officer" means an officer or employee of the Municipality
appointed by Council as a Bylaw Enforcement Officer or other person authorized by
Council under contract to enforce this Bylaw;
"Council" means the Council of the Village of Telkwa;
"Derelict Vehicle" means a motor vehicle which is any one or more of the following:
(a)
physically wrecked or disabled;
(b)
not capable of operating under its own power;
(c)
not displaying a current and valid license plate in accordance with the
Motor Vehicle Act.
"Graffiti" means drawing, printing, or writing that is etched, scratched, sprayed,
painted or scribbled on a wall or other surface, but does not include a sign for which
a permit has been issued by the Municipality;
"Junk" means old metal, glass, paper, wood or other material which may be usable
again in some fashion;
"Motor Vehicle" means a vehicle, not on rails, that is designed to be self-propelled;
"Motor Vehicle Act" means the Motor Vehicle Act RSBC, 1996 Chapter 318;
"Noxious Weeds" means: See Schedule A of this Bylaw
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"Noxious, offensive or unwholesome material" includes all manner of refuse or
garbage; discarded or disused items; junk, filth, unused or dismantled aircraft,
electronic devices, trailers, boats, vessels, machinery, mechanical or metal parts,
glass or plastic bottles, tin cans or other metal containers, glass, pipes, dilapidated
furniture, inoperative appliances, derelict vehicles and other similar things; unused
wood or wood products, excluding seasoned untreated wood or manufactured
products cut in lengths and properly stored for use as fuel in solid fuel-burning
appliances.
"Occupier" means any person who occupies the property, or who is qualified to
maintain an action for trespass in respect of the property, or who is in possession
of the property under a lease, license, agreement for sale or other agreement with
the owner of the property.
"Owner" means any person in relation to property who is the registered owner of
an estate in fee simple, the tenant for life under a registered life estate, or the
registered holder of the last registered agreement for sale;
"Property" means real property consisting of land only or land and improvements,
and includes a portion of real property occupied separately by the owner or an
occupier.
"Zoning Bylaw" means the Village of Telkwa's Zoning Bylaw.
GENERAL PROVISIONS
4.
No owner or occupier shall cause or permit noxious, offensive or unwholesome
material to collect or accumulate on or around the property of that owner or occupier.
5.
No owner or occupier shall allow their property to become or to remain unsightly.
6.
No person shall place graffiti in such a manner as to be visible from a highway,
public place or other property.
7.
No person shall deposit or throw refuse or garbage on a highway, public place or
property where there are no buildings or structures.
8.
No owner or occupier shall cause or permit the storage or accumulation on the
property of that owner or occupier of a derelict vehicle or parts of a derelict vehicle
unless:
(a)
the Zoning Bylaw permits the use of auto wrecking or salvage yard on that
property; or
(b)
the derelict vehicle or parts of a derelict vehicle are stored in a building or
structure such that they are not visible from another property, highway or other
public place.
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9.
Despite section 8(b), an owner or occupier is permitted to store up to two (2) derelict
vehicles visible from another property, highway, or other public place provided that
the only reason the derelict vehicle is derelict is because it is unlicensed.
10. No owner or occupier shall cause or permit water to accumulate on the property of
that owner or occupier.
11. No owner or occupier shall cause or permit unsanitary conditions to exist on the
property of that owner or occupier.
12. No owner or occupier shall cause or permit noxious weeds to grow or accumulate
on the property of that owner or occupier.
13. No owner or occupier shall cause or permit any trees or other growths that create a
safety hazard to remain on the property of that owner or occupier.
REQUIREMENTS
14. Every owner and occupier of property shall remove, or cause to be removed, from
such property all:
noxious, offensive or unwholesome material;
unsightly conditions;
graffiti;
derelict vehicles or parts of a derelict vehicle;
accumulations of water;
unsanitary conditions;
noxious weeds;
trees and other growths that create safety hazards; and
ENFORCEMENT
15. Subject to the procedures prescribed in section 16 of the Community Charter, a
Bylaw Enforcement Officer is authorized to enter on and into property to inspect and
determine whether all regulations, prohibitions and requirements of this Bylaw are
being met.
16. Where a Bylaw Enforcement Officer determines that the regulations, prohibitions
and requirements of this Bylaw are not being met with respect to a property, the
Bylaw Enforcement Officer may, by notice, require the owner or occupier of the
property to comply with this Bylaw within a time period stated in the notice.
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COUNCIL ORDER
17. If an owner or occupier property fails to comply with the direction from the Bylaw
Enforcement Officer given under section 16 of this Bylaw, the Council may issue a
written order directing the owner or occupier of the property to comply, within a time
specified in the Council's order, with the specific regulations, prohibitions and
requirements of this Bylaw that are not being met in respect of the property of that
owner or occupier.
18. Prior to Council making an order under section 17, the Council shall give an
opportunity to the owner or occupier of the property to appear before Council to be
heard in respect of the matter contained in the notice of the Bylaw Inspection Officer
made under section 16.
19. If the owner or occupier of the property fails to comply with an order of the Council
issued under section 17 of this Bylaw, the Municipality, by its employees, contractors
and agents, may take action under section 17 of the Community Charter to fulfill the
requirements of the order and to recover the costs from the owner or occupier of the
property.
OFFENCE AND PENALTY
20. Every person who violates a provision of this Bylaw, or who consents, allows or
permits an act or thing to be done in violation of a provision of this Bylaw, or who
neglects or refrains from doing anything required by a provision of this Bylaw, is
guilty of an offence and is liable, upon summary conviction to a fine not greater than
Ten Thousand ($10,000) Dollars. Fines are specified in the Village of Telkwa Fees
and Charges Bylaw.
21. Every day during which there is a contravention of this Bylaw shall constitute a
separate offence.
SEVERABILITY
22. If a portion of this Bylaw is held invalid by a Court of competent jurisdiction then the
invalid portion must be severed and the remainder of this Bylaw is deemed to have
been adopted without the severed portion.
Village of Telkwa
Schedule A
"Noxious Weeds" Definition Bylaw No. 587
Invasive weed species covered under the Northwest Invasive Plant Council (NWIPC)
Weed Control 50/50 Program.
Common Name
Latin Name
Common Name
Latin Name
Agrimony
Agrimonia striata
Lamb's-quarter
Chenopodium spp.
Blue buttons
Centaurea cyanus
Loosestrife
Lythrum spp.
Bluet, mountain
Centaurea montana
Medic, black
Medicago lupulina
Blueweed
Echium vulgare
Mullein
Verbascum thapsus
Broom
Cytisus scoparius
Mustard hedge
Sisymbrium officinale
Buckwheat, wild
Polygonum convolvulus
Mustard, dog
Erucastrum gallicum
Bugloss, small
Lycopsis arvensis
Mustard, tumble
Sisymbrium spp.
Burdock, common
Arctium minus
Mustard, wild
Sinapis arvensis
Campion, bladder
Silene cucubalus
Pineapple weed
Matricaria matricarioides
Catchfly, night-flowering Silene noctiflora
Policeman's helmet or
Himalayan balsam
Impatiens glandulifera
Chamomile, scentless
Matricaria maritima
Primrose, evening
Oenothera biennis
Chicory
Cichorium intybus
Ragwort, tansy
Senecio jacobaea
Cockle, white
Lychnis alba
Scabious, field or blue
buttons
Knautia arvensis
Daisy, oxeye
Chrysanthemum
leucanthemum
Spurge leafy
Euphorbia esula
Dock, curled
Rumex crispus
St. John's-wort
Hypericum perforatum
Fleabane, Canadian
Conyza canadensis
Stinkweed or
Pennycress
Thlaspi arvense
Goat's-beard
Tragopogon spp.
Sulphur cinquefoil
Potentilla recta
Gorse
Ulex europaeus
Tansy, common
Tanacetum vulgare
Groundsel, common
Senecio vulgaris
Tarweed
Madia glomerata
Hawksbeard, narrowleaf Crepis tectorum
Thistle, bull
Cirsium vulgare
Hawkweeds
Hieracium spp.
Thistle, Canada
Cirsium arvense
Hemp-nettle
Galeopsis tetrahit
Thistle, marsh plume
Cirsium palustre
Himalayan blackberry
Rubuis discolor
Thistle, nodding
Carduus nutans
Hop-clover
Trifolium agrarium
Thistle, Russian
Salsola kali
Hound's-tongue
Cynoglossum officinale
Thistle, sow
Sonchus spp.
Iris, yellow flag
Iris pseudacorus
Toadflax, common
Linaria vulgaris
Knapweed, black,
brown & greater
Centaurea nigra, jacea &
scabiosa
Toadflax, dalmation
Linaria dalmatica
Knapweed, diffuse
Centaurea diffusa
Vetch, tufted
Viccia cracca
Knapweed, spotted
Centaurea stoebe, (syn.
C. maculosa & C.
biebersteinii
Wormwood or
absinthium
Artemisia absinthium
Knotweeds
Fallopia & Polygonum
sp.