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CORPORATION OF THE
DISTRICT OF TOFINO
Unsightly Premises Bylaw No. 701, 1995
Consolidated for Convenience Only
This is a consolidated version of the parent bylaw that incorporates changes made pursuant to
the following amendment bylaws:
Amendment Bylaw
Effective Date
Bylaw No. 1108, 2010
February 9, 2010
This consolidation is for convenience and reference purposes only. Persons making use of this
consolidated version of Bylaw No. 701 are advised that it is not a legal document. For the
purposes of interpreting and applying the law, the original Bylaw No. 701 and all amending
bylaws must be consulted.
Bylaw numbers appearing in the margin of this consolidated version refer to the applicable
amendment bylaw.
"District of Tofino Unsightly Premises By-law No. 701, 1995"
2
DISTRICT OF TOFINO
UNSIGHTLY PREMISES BY-LAW
BY-LAW NO. 701, 1995
A By-law to Prevent Unsightly Premises.
Whereas the Council of the District of Tofino may by by-law for the purpose of preventing
unsightliness on real property:
(a) Prohibit persons from placing graffiti on walls, fences or elsewhere on or adjacent to
a public place;
(b) Prohibit the owners or occupiers of real property from allowing their property to
become or remain unsightly;
(c) Prohibit persons from causing or permitting water, rubbish or noxious, offensive or
unwholesome matter to collect or accumulate around their premises, or from
depositing or throwing bottles, broken glass or other rubbish in any open place, and
(d) Require the owners or occupiers of real property, or their agents, to remove from it
unsightly accumulations of filthy discarded materials, rubbish or graffiti.
No Therefore the Council of the District of Tofino, in the Province of British Columbia, in an
open meeting assembled Hereby Enacts as Follows:
Title
1. This By-law shall be known and cited for all purposes as the "District of Tofino
Unsightly
Premises By-law No. 701, 1995".
Definitions
2. In this By-law, unless the context otherwise requires:
Bylaw Enforcement Officer - means that employee appointed by Council to enforce the
regulations of this by-law.
Council - means the Council of the District of Tofino.
District - means the Corporation of the District of Tofino
Graffiti - means writing or pictorial representation scratched, scribbled, painted or
otherwise applied to walls, roofs, fences, or windows, but not including permitted signs
as defined in the District of Tofino Sign By-law.
Littering - means the discharge of litter and waste as outlined in the Litter Act.
Occupier - means a person
(a) Who is qualified to maintain an action for trespass;
(b) In possession of Crown land under a homestead entry or preemption record;
(c) In possession of Crown land or land owned by a municipality under a lease, licence,
agreement for sale, accepted application to purchase, easement, or other record
from the Crown or municipality, or who simply occupies the land.
Owner - in respect of real property, means the registered owner of an estate in fee
simple, and includes
(a) The tenant for life under a registered life estate;
(b) The registered holder of the last registered agreement for sale;
"District of Tofino Unsightly Premises By-law No. 701, 1995"
3
The holder or occupier of land held in the manner mentioned in Sections 409 and 410 of
the Municipal Act;
(c) An Indian who is an owner under the letters patent of a municipality, incorporated
under Section 10
Real Property - means land, with or without improvements so affixed to the land as to
make them in fact and law a part of it.
Refuse - means items rejected as worthless; waste.
Rubbish - means waste material, debris, refuse, litter, derelict automobile bodies,
worthless material or articles; trash.
General Conditions
3. No person shall place graffiti on walls, fences or elsewhere on or adjacent to a public
place.
4. Neither the owner or occupier of real property shall,
(a) Allow the real property to become or remain unsightly; or
(b) Cause or permit water, rubbish or noxious, offensive or unwholesome matter to
collect or accumulate on or around their premises, or from depositing or throwing
bottles, broken glass or other rubbish in any open place; and
5. The owner or occupier of real property, or their agents, shall remove from it unsightly
accumulations of filth, discarded materials, rubbish or graffiti.
Enforcement
6. Where an owner or occupier has failed to perform the obligations pursuant to Sections
3, 4, & 5 set out above, the Bylaw Enforcement Officer may serve on such owner or
occupier an Order to Comply which requires the person to remedy the nuisance within
14 days of service of such Order to Comply, except as permitted in Section 7.
7. If in the opinion of the Bylaw Enforcement Officer, special circumstances require, he
may set a time to comply, other than 14 days, that is reasonable in the circumstances.
Order to Comply
8. The Bylaw Enforcement Officer shall serve the Order to Comply on the owner and the
occupier of the real property either personally or by double registered mail. When an
Order to Comply is not personally served it is deemed to have been served on the third
day after mailing or posting.
9. Every owner or occupier of real property, or their agents, shall upon receipt of the
written Order to Comply notice to that effect and within the time limited by such notice,
remove or cause to be removed from such property unsightly accumulations of filth,
discarded materials, rubbish or graffiti.
10. If an owner or the occupier of real property fails to remove the unsightly accumulations
of filth, discarded materials, rubbish or graffiti, the municipality, 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 of the person who has failed to comply.
11. There the owner or occupier at whose expense removal is carried out does not pay the
costs of the removal on or before December 31 in the year that the removal was done,
the costs shall be added to and form part of the taxes payable on the property as taxes
in arrear.
Bylaw Enforcement Officer
12. The Bylaw Enforcement Officer is authorized and empowered to inspect, compel, and
require that all the regulations and provisions prescribed in this by-law are carried out.
13. For the purposes of this by-law, the Bylaw Enforcement Officer means any of the
following:
Clerk Administrator of the District of Tofino
Bylaw Enforcement Officer of the District of Tofino
Superintendent of Public Works of the District of Tofino
"District of Tofino Unsightly Premises By-law No. 701, 1995"
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Or their duly appointed designate.
14. No person shall unreasonably obstruct or prevent a Bylaw Enforcement Officer from
carrying out his duties as prescribed in this by-law.
15. A person upon whom an Order to Comply has been served may, by giving notice in
writing to the Clerk Administrator of the municipality at least 72 hours prior to the
expiry of the time given in the Order to Comply to remedy the nuisance, appeal to the
Council who shall hear and determine the appeal by confirming, amending or rescinding
the Order to comply
16. If the Order to Comply is confirmed, all works necessary shall be carried out with 72
hours. If the Order to Comply is amended the amendment shall indicate a new date for
compliance.
Severance
17. If any portion of this by-law is declared ultra vires by the Court of Competent
Jurisdiction, that portion shall be deemed to be severed from the by-law to the intent
that the remainder of the by-law shall continue in full force and effect.
Offenses
18. Every person who contravenes any provision of this bylaw, or who suffers or permits
any act or thing to be done in contravention of this bylaw, or who refuses, omits, or
neglects to fulfil, observe, carry out, or perform a duty or obligation imposed by this
bylaw, shall be deemed to have committed an offence against this bylaw and:
(a) shall be liable to a fine set out in the District of Tofino Municipal Ticket Information
System Bylaw No. 1088, 2009 as amended from time to time; or
(b) shall be liable to a penalty set out in the District of Tofino Bylaw Notice Enforcement
and Dispute Adjudication System Bylaw No. 1107, 2009 as amended from time to
time; or
(c) shall be liable, upon summary conviction, to the penalties provided under the
Offence Act and amendments thereto; or
(d) any combination of 18 a), b), and c).
Repeal
19. "Nuisance and Unsightly Premises By-law No. 177 - 1971" is hereby repealed.
Read a first time this 23rd day of May, 1995.
Read a second time this 26th day of June, 1995.
Read a third time this 26trh day of June, 1995.
Adopted by Council this 24th day of July, 1995.
_______________________________
Frank Van Eynde, Mayor
_______________________________
Shelly Thibodeau, Clerk Administrator
I hereby certify the foregoing to be a true and correct copy of By-law No. 701, 1995 cited as the
"District of Tofino Unsightly Premises By-Law No. 701, 1995", as adopted by Council this 24th
day of July, 1995.
_________________________
Shelly Thibodeau, Clerk Administrator
Bylaw 1108
"District of Tofino Unsightly Premises By-law No. 701, 1995"
5
ORDER TO COMPLY
TO:
RE: LEGAL DESCRIPTION ____________________________________________________
TAKE NOTICE THAT pursuant to the "District of Tofino Unsightly Premises By-law No. 701,
1995" the Council of the District of Tofino has received a written recommendation from the
Bylaw Enforcement Officer, advising that the property legally described above is in violation of
the District of Tofino Unsightly Premises By-law;
AND THAT said property has become unsightly with the accumulation of filth, discarded
materials, rubbish or graffiti.
YOU ARE HEREBY ORDERED to bring the condition of this property into conformity with the
bylaw no later than: _________________________________________________________
If an owner or the occupier of real property fails to remove the unsightly accumulations of filth,
discarded materials, rubbish or graffiti, the municipality, 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 of the person who has failed to comply.
Where the owner or at whose expense removal is carried out does not pay the costs of the
removal on or before December 321 in the year that the removal was done, the costs shall be
added to and form part of the taxes payable on the property as taxes in area.
Appeal
A person upon whom an Order to Comply has been served may, by giving notice in writing to
the Clerk Administrator of the municipality at least 72 hours prior to the expirty of the time
given in the Order to Comply to remedy the nuisance, appeal to the Council who shall hear and
determine the appeal by confirming, amending or rescinding the Order to comply.
This Order to Comply notice has been (hand delivered) (sent by Double Registered Mail) this
______ day of ____________________,, ______________.
________________________________________
Clerk Administrator for the District of Tofino