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DISTRICT OF UCLUELET
BYLAW NO. 2017, 2026
UNSIGHTLY PREMISES
A BYLAW TO REGULATE THE MAINTENANCE OF REAL PRPOERTY AND RELATED MATTERS
WHEREAS the Community Charter authorizes a Council to prohibit the owners or occupiers
of real property from allowing the property to become or to remain untidy or unsightly;
AND WHEREAS Council may enact a variety of regulations governing the appearance and
maintenance of real property;
AND WHEREAS Council may regulate the maintenance of boulevards by, or on behalf of,
the owners of land fronting on them;
NOW THEREFORE the Council of the District of Ucluelet, in open meeting assembled,
hereby enacts as follows:
1.
TITLE:
This bylaw may be cited for all purposes as "Unsightly Premises Regulation Bylaw
No. 2017, 2026".
2.
DEFINITIONS:
"Boulevard"
means the area of a highway between the edge of
pavement, sidewalk and/or curb of the roadway and
the adjacent property line, and the shoulder of a
roadway and the adjacent property line;
"Council"
Means the Council of the District of Ucluelet
"Discarded Materials"
means and includes all material not in use for the
construction, maintenance, or as part of the
equipment or furnishings of the building situated on
the premises, and includes apparatuses, motor
vehicles, or other chattels in a dismantled or partial
dismantled state not in use for the purpose for which
they were constructed or intended, and occupying a
place open to public view.
"District"
means the District of Ucluelet
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"Bylaw Enforcement
Officer"
means the person appointed by Council to enforce the
regulations of this bylaw.
"Graffiti"
means drawing, printing, or writing scratched,
sprayed, painted, or scribbled on a wall, fence, or
other surface, but does not include a sign for which a
permit has been issued by the District.
"Occupier"
has the same meaning as defined in the "Community
Charter."
"Owner"
has the same meaning as defined in the "Community
Charter."
"Noxious Weed"
means any weed designated by the weed control
regulation to be a noxious weed pursuant to the Weed
Control Act.
"Person"
means a person pursuant to the Interpretation Act.
"Plantings"
means any tree, shrub, bush, or hedge installed as a
natural or improved landscape treatment;
"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.
"Rubbish"
includes any and all manner of garbage; discarded or
disused
material;
filth,
noxious,
offensive,
or
unwholesome matter, dirt, gravel, bark mulch or
refuse and all discarded, broken, or useless items.
"Sidewalk"
means a structure for pedestrian use including a
walkway, footpath, sidewalk, stairs, ramp, and curb
letdowns and or the area between the curb lines or
lateral lines of a roadway and the adjacent property
lines improved for use of pedestrians.
"Traffic Control Device"
means a sign, line, meter, marking space, barrier, or
device; painted, placed, or erected to guide,
regulate, warn direct, restrict, control, or prohibit
traffic.
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"Unsightly"
includes but is not limited to:
i) an accumulation of building material on any
property other than premises included in a
business licence for building material sales or
storage, unless the owner or occupier of the
property is in possession of a valid building
permit or unless the accumulation is stored in a
covered building;
ii) an accumulation of discarded materials or
rubbish of any kind including, but not limited to,
vehicle bodies and parts, ashes, dead animals,
paper, cardboard, tin cans, leaves, wood,
bedding, crockery, glass, bags, and appliances.
"Zoning Bylaw"
Means "District of Ucluelet Zoning Bylaw No. 1160,
2013" as amended or replaced.
3.
PROHIBITIONS:
3.1
No person, being the occupier or owner of real property, shall allow, cause, or
permit that property to become or remain unsightly, cause or permit rubbish,
noxious, offensive, or unwholesome matter or substances, filth, or discarded
materials to collect or to accumulate on or around such property.
3.2
No person shall deposit or throw bottles, broken glass, or other rubbish in any open
place in the District of Ucluelet.
3.3
No person, being the owner or occupier of a parcel of land, shall write, draw, print,
mark, place, suffer or maintain graffiti on a wall, fence or other place or thing in or
upon a parcel of land so that the graffiti is visible from a highway, park or other
public place.
3.4
No owner or occupier of real property shall cause, suffer, permit, or allow such real
property to become overgrown with brush, noxious weeds, or other growth, or to
become infested with caterpillars or other noxious or destructive insects.
3.5
No owner or occupier of real property having a fence adjacent to a road, street or
highway, shall allow that fence to fall into disrepair.
3.6
It shall be unlawful for any person in any residential zone as defined by the Zoning
Bylaw to store, keep, leave, or maintain on any real property, except in a building or
structure lawfully erected or used as an enclosure, the following:
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(a)
a motor vehicle or trailer which is unlicensed for the current year under the
Motor Vehicle Act, unless a permit has been issued in the form prescribed
in "Schedule A" attached hereto;
(b)
any part of the motor vehicle or trailer;
(c)
firewood, unless neatly piled or stacked against a wall or fence;
(d)
lumber, bricks, or metal, with the exception of building materials being
used for construction purposes upon real property pursuant to a current
building permit, or except as may be permitted under provisions contained
in the Zoning Bylaw.
3.7
No owner or occupier of real property shall wilfully damage any boulevard, trees,
shrubs, plants, bushes or hedges adjacent to any road, street, or highway.
3.8
No owner or occupier of real property shall place, permit to be placed or grow any
tree, shrub, plant, place a fence, or other structure adjacent to an intersection,
road, street, highway that may be a hazard to the safety of any person, likely to
damage public property, or seriously inconvenience the public.
3.9
No owner or occupier of real property shall place any landscape ties, rails, asphalt,
bricks, concrete structure, or figurines on any boulevard immediately fronting such
person's property.
4.
OBLIGATIONS:
4.1
Every owner or occupier of real property shall:
(a)
remove or cause to be removed from the real property any rubbish,
or noxious, offensive, or unwholesome matter or substance, or any
unsightly accumulation of rubbish, filth, discarded materials, or
graffiti;
(b)
clear or cause to be cleared on any real property all brush, noxious
weeds, or other vegetation which, because of their condition, are
likely to spread to or become a nuisance to other real property in the
vicinity or which are so unkempt as to be unsightly to nearby
residents;
(c)
prevent infestation of caterpillars and other noxious or destructive
insects and shall clear the property of such caterpillars and insects;
(d)
keep boulevards free of noxious weeds, accumulation of filth, leaves,
rubbish, discarded materials, hazardous objects and materials which
obstruct a drainage facility;
(e)
prune and trim hedges, trees, and shrubs in the boulevard, except
for those planted by the District, so there is no encroachment of
overhanging growth so as not to interfere with pedestrian and
vehicular traffic.
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(f)
Ensure that sight lines to intersections, driveways, sidewalk,
walkways, travel lanes, and visibility to all traffic control devices is
not restricted by modifications to the boulevard which the property
owner may undertake.
4.2
If, in the opinion of Council, any trees, hedges, bushes or shrubs growing or
standing on any real property are a hazard to the safety of persons or likely
to damage public property, or seriously inconvenience the public, Council
may order such trees, hedges, bushes or shrubs to be trimmed, removed or
cut down at the expense of the owners or occupiers of real property on
which they row or stand, if the owner or occupier does not take the required
action within the time period referred to in the given Notice.
5. ENFORCEMENT:
5.1
A Bylaw Enforcement Officer may enter, at all reasonable times, upon any
real property to determine whether the provisions of this bylaw or the
directions of a notice are being complied with.
5.2
Where the owner or occupier or their agents fail to comply with any
provision of this bylaw, the Bylaw Enforcement Officer shall serve Notice to
the owner or occupier of the lands or premises on which the violation exists,
requiring removal of the offending material from the real property or
boulevard within 14 days of service of such notice.
The Bylaw Enforcement Officer must serve the Notice on the owner, or
occupier of the real property on which the offending material is located by:
(a)
personal service;
(b)
registered mail with acknowledgement of receipt, to the address of
the owner shown on the last real property assessment rolls;
(c)
delivering to a mailbox or receptacle for messages on the real
property; or,
(d)
posting on the real property;
provided that where the owner is a registered company, service may be
accomplished according to the provisions of the Company Act.
5.3
A person upon whom a Notice has been served may, by giving notice in
writing to the Municipal Clerk at least 72 hours prior to the expiration of the
time given in the Notice to remove or clear the offending material, appeal to
Council, who must hear and determine the appeal by confirming, amending
or rescinding the Notice order.
5.4
If the owner or the occupier of such property or their agents, fail to remove
or clear the offending material from the real property or boulevard within
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the time specified as directed in the Notice, the District, by its workmen or a
contractor engaged by the District, may enter on the real property at
reasonable times and in a reasonable manner, to remove or clear the
offending material at the expense of the defaulting owner or occupier of the
real property.
5.5
The District of Ucluelet Finance Department shall keep an accurate account
of the charges incurred and, when the clearing is completed, shall mail a
statement of such charges to the owner of real property upon whom the
Notice was served, with a demand for payment of same.
5.6
In the event of the charges not being paid by the thirty-first day of
December in any year, the charges shall be added to and form part of the
taxes payable in respect of that real property as taxes in arrears.
5.7
Where the Bylaw Enforcement Officer has confirmed that a violation of this
Bylaw is of a continuing nature, he shall immediately proceed with legal
action without notice.
6. BYLAW ENFORCEMENT OFFICER
6.1
For the purposes of this bylaw, the designated Bylaw Enforcement Officer
means any of the following:
(a)
Chief Administrative Officer
(b)
Bylaw Enforcement Officer
(c)
Engineer/Superintendent.
(d)
R.C.M.P. Officers and Auxiliary members
6.2
Bylaw Enforcement Officers are authorized and empowered to inspect,
compel, and require that all the regulations and provisions prescribed in this
bylaw are carried out.
7.
VIOLATION AND PENALTY:
7.1
No person shall prevent or obstruct, or attempt to prevent or obstruct, a
Bylaw Enforcement Officer in the enforcement of the provisions of this
bylaw.
7.2
Any Person who causes, permits or allows anything to be done in
contravention or violation of this Bylaw, or who neglects or fails to do
anything required to be done pursuant to this Bylaw, commits an offence
against this Bylaw and is liable upon summary conviction to pay a fine of not
more than $50,000, plus the costs of prosecution, and any other penalty or
remedy available under the Community Charter and Offence Act.
7.3
This Bylaw may be enforced by bylaw notice pursuant to the "Bylaw Notice
Enforcement Bylaw No. 2000, 2026" as amended or replaced.
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7.4
Where an offence under this Bylaw is of a continuing nature, each day that
an offence continues, or is permitted to exist, constitutes a separate
offence.
8.
SEVERABILITY:
If any provision of this Bylaw is determined by a court of competent jurisdiction to
be unlawful or unenforceable, that provision shall be severed from this Bylaw and
shall not affect the validity of any remaining provision of this Bylaw.
9.
ADMINISTRATIVE PROVISIONS:
This bylaw hereby repeals "Unsightly Premises Bylaw No. 969, 2004".
READ A FIRST TIME this 28th day of April, 2026.
READ A SECOND TIME this 28th day of April, 2026.
READ A THIRD TIME this 28th day of April, 2026.
ADOPTED this 26th day of May, 2026.
____________________________
__________________________
Marilyn McEwen
Ed Chow
Mayor
Corporate Officer
THE CORPORATE SEAL of the District
of Ucluelet was hereto affixed in the
presence of:
Ed Chow, Corporate Officer