Tumbler Ridge, British Columbia
· No. 444
· adopted 2001-12-17
· summary & facts
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District of
Tumbler Ridge
UNSIGHTLY PREMISE BYLAW
No. 444, 2001
Adopted December 17, 2001
Consolidated for Convenience
Includes the Following
Date Adopted:
Amending Bylaws:
Unsightly Premise Amendment
June 12, 2017
Bylaw No. 652, 2017
Unsightly Premise Amendment
July 5, 2021
Bylaw No. 704, 2021
2
DISTRICT OF TUMBLER RIDGE
BYLAW NO. 444, 2001
A Bylaw to Prohibit Littering of Public Areas or Damage to Public Property and to
Prohibit Unsightly Premises within the District of Tumbler Ridge
WHEREAS Section 725 of the Local Government Act, R.S. Chap. 323, provides that the
Council may, by bylaw, do the following:
1.0
Interpretation
1.1
In this bylaw:
"Bylaw Enforcement Officer" means a person appointed by the Council as a bylaw
enforcement officer, building inspector, or a peace officer;
"developed property" means a property where a dwelling or other building has been
constructed, and excludes parks and properties that have not been built on or developed;
"District" means the Corporation of the District of Tumbler Ridge;
"Council" means the Council of the District;
"Graffit" means an inscription, drawing, writing, pictorial representation, message,
slogan, symbol or mark made on a wall, fence, structure or other surface by means of
paint, chalk, ink or other substance, or by chisel, hammer, stone or other device but does
not include any of the following:
(i)
a sign, public notice or traffic control mark authorized by the District of
Tumbler Ridge;
(ii)
a public notice authorized by federal or provincial legislation or a District
of Tumbler Ridge bylaw
"Noxious Weeds" means any plant or vegetation as defined in the Weed Control
Act of British Columbia
Unsightly Premise Amendment Bylaw No. 701 - July 2021
Unsightly Premise Amendment Bylaw No. 701 - July 2021
3
"Person" means any individual, corporation, partnership or other legal entity
and the heirs, executors, administrators, successors and assigns of such
"owner" means the registered owner of a parcel of land, and where the parcel is not
occupied by the registered owner, includes an occupant of the parcel of land;
"Removal Order" means a letter issued pursuant to s. 4.1 of this bylaw.
"Standing Water" means any water which is not continuously in movement by a natural
or mechanical means that is found in a catch basin or any depression in the parcel, but
does not include a natural body of water or water contained in a District owned drain,
catch basin or storm water management facility.
"Untidy" means disorderly and includes storage or accumulation.
2.0 Unsightly/Untidy Premises
2.1
No owner shall cause, allow or permit a parcel to become or to remain unsightly, and,
specifically:
General
(a) No owner of a parcel shall cause, allow or permit the accumulation of building material
on the parcel unless
(i) the owner of the parcel is in possession of a valid building permit; or
(ii) the building materials are stored in a closed building or structure such that they
are not visible from another parcel or a public place;
(b) No owner of a parcel shall cause, allow or permit the storage or accumulation on the
parcel of all or part of a vehicle that is not:
(i) validly registered or licensed in accordance with the Motor Vehicle Act, or
(ii) capable of movement under its own power
Unsightly Premise Amendment Bylaw No. 701 - July 2021
Unsightly Premise Amendment Bylaw No. 701 - July 2021
Unsightly Premise Amendment Bylaw No. 652 - June 2017
Unsightly Premise Amendment Bylaw No. 701 - July 2021
4
unless it is stored in a closed building or structure such that the vehicle, or any portion of
the vehicle, is not visible from another parcel or a public place;
(c) No owner of a parcel shall cause, allow or permit a building or structure, or part of a
building or structure, which is missing all or a portion of its surface, covering, or coating
materials to be on the parcel unless the owner is in possession of a valid building permit
in respect of the building or structure;
(d) No owner of a parcel shall cause, allow or permit the accumulation on the parcel of filth,
discarded materials, unwholesome matter, or rubbish of any kind, whether or not for
commercial purposes or as part of a trade or calling, including but not limited to dead
animals, paper products, crockery, glass, metal, plastics, plastic containers, wire, ropes,
machinery, tires, appliances, vehicle parts, and any other scrap or salvage;
(e) No owner of a parcel shall cause, allow or permit the presence of graffiti, whether in the
form of pictures or words, on the parcel or on the surface of a structure on the parcel;
(f) No owner of a parcel shall cause, allow or permit the accumulation on the parcel of
garbage not contained in a covered receptacle;
(g) No owner of a parcel shall cause, allow or permit the accumulation of excessive dog
feces, foul smelling compost heaps, or the production of any offensive odors on a parcel;
(h) No owner of parcel shall cause, allow or permit any standing water on the parcel, or
permit a swimming pool, swimming pool cover, hot tub or artificial pond on a parcel to
contain standing water;
(i) No owner of a parcel shall cause, allow or permit the accumulation of unused
landscaping materials such as dirt piles or discarded planting pots;
(j) No owner of a parcel shall cause, allow or permit the use of uncontained compost piles;
(k) No owner of a parcel shall cause, allow or permit materials of any sort to be strewn about
the property in an untidy manner.
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Fences
(l) No owner of a parcel shall allow a fence located on a parcel to fall into a state of disrepair
Trees, Shrubs and Other Vegetation
(m) No owner of a parcel shall cause, allow or permit the overgrowth of vegetation or
noxious weeds on a parcel to become unsightly, including allowing a grass lawn on a
developed property to grow higher than 15 centimeters;
(n) No owner or a parcel shall cause, allow or permit landscaping that is dead, severely
diseased, damaged, or characterized by lack of maintenance to remain on a developed
property;
(o) No owner of a parcel shall permit or allow fruit from a tree or bush on a parcel to
accumulate on the tree, bush or ground such that it attracts or is likely to attract wildlife.
(p) No owner of a parcel may cause or permit any trees, hedges, bushes or shrubs growing or
standing on the parcel to be a hazard to the safety of persons, likely to damage public
property or seriously inconvenience the public.
(q) No person shall willfully damage:
(i)
any boulevard, trees, shrubs, lawn, plants, bushes or hedge located in a public
place;
(ii)
anything erected or maintained adjacent to a highway for the purpose of lighting
the highway;
(iii)
any fence erected or maintained adjacent to any highway
2.2 The owner of a parcel must remedy or cause to be remedied any condition on a parcel
under which section 2.1 has deemed the parcel to be unsightly or untidy.
3.0
Inspection
3.1
A Bylaw Enforcement Officer may enter on a parcel at all reasonable times to ascertain
whether this bylaw is being observed, to gather evidence on any violation, or to serve any
notice related to this bylaw.
3.2
No person shall obstruct a Bylaw Enforcement Officer from entering a parcel in
accordance with section 3.1.
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4.0
Removal Order
4.1
Where a Bylaw Enforcement Officer observes that a parcel is or has become unsightly
under section 2.1 of this Bylaw, the Bylaw Enforcement Officer may deliver a
Removal Order to the owner of the parcel:
(a)
requiring the removal, clearing or remedying of any thing or things listed in
subsections 2.1(a - d, i - j, l), including a class of things, that render the parcel
unsightly within 14 days of delivery of the removal order;
(b)
requiring the removal, clearing or remedying of any thing or things listed in
subsections 2.1(e - h, k, m - p) including a class of things, that render the parcel
unsightly within 7 days of delivery of the removal order;
(c)
stating that, after the defined notification date has elapsed from the date of
delivery of the removal order, the District by its officers, employees, contractors,
or agents may, at the expense of the owner, enter on the parcel and remove, clear
or remedy any thing or things that render the parcel unsightly as stated in the
removal order at the owner's expense; and
(d)
stating that the owner may submit application to the District to appear before
Council within 5 business days after delivery of the removal order so as to contest
the removal order.
4.2
Where an owner receives a removal order with respect to a parcel, the owner of the parcel
must remove, clear, or remedy anything that, as stated in the removal order, renders the
parcel unsightly on a date not exceeding the date of delivery of the removal order plus the
notification interval defined in the removal order, unless Council directs otherwise under
section 4.4.
4.3
Should the owner wish to contest the removal order, the owner must submit application
to the District to appear before Council within 5 business days from delivery of the
removal order.
4.4
Upon hearing the owner, staff and any other affected persons, Council may affirm, vary
or revoke the Removal Order.
5.0
Default
5.1
On any date exceeding the date of delivery of the Removal Order plus the notification
interval defined in the Removal Order, or after the expiry of a date set by Council in a
variation of a Removal Order, between the hours of 8:00 a.m. and 8:00 p.m., an
Unsightly Premise Amendment Bylaw No. 704 - July 2021
Unsightly Premise Amendment Bylaw No. 704 - July 2021
7
employee, contractor, or agent of the District may enter the parcel subject to the Removal
Order and remove, or clear any thing or things stated in the Removal Order, including
cutting or mowing any grasses, that render the parcel unsightly.
5.2
The owner of a parcel where the District has performed work under section 5.1 of this
bylaw shall owe to the District, as a debt, the cost of performing the work.
5.3
If the debt under section 5.2 remains unpaid on December 31 in the year the work is
done, the District shall add the cost of the work to the taxes due and owing on the
affected parcel.
6.0
Offence & Penalty
6.1
Every person who violates a provision of this bylaw, or who suffers or permits any act or
thing to be done in contravention of or in violation of any provision of this bylaw, or who
neglects to or refrains from doing anything required to be done by any provision of this
bylaw, is guilty of an offence against this bylaw and is liable on summary conviction, to a
penalty of not more than $10,000.00.
6.2
Each day that a violation continues to exist is a separate offence against this bylaw.
6.3
Fine amount associated in the issuance of section 6.1 by section of this bylaw are
specified in Municipal Ticketing Information Bylaw No. 650. 2011 or as amended from
time to time.
7.0
Severability
7.1 If at any time, any provision of this bylaw is declared or held to be illegal, invalid, or
ultra vires, in whole or in part, then the provision shall not apply and the remainder of
this bylaw shall continue in full force and effect and be construed as if it had been
enacted without the illegal, invalid, or ultra vires provision.
9.0
Title
9.1 This bylaw may be cited for all purposes as the "Unsightly Premises Bylaw 2001,
No. 444".
10.0
Repeal
10.1 The District of Tumbler Ridge Community Pride Bylaw No. 276, 1992 is hereby
repealed.
Unsightly Premise Amendment Bylaw No. 704 - July 2021
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