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Vll.l AGE OF
VALEMOUNT
Village of Valemount
Good Neighbour Bylaw
No.702,2013
1
VILLAGE OF VALEMOUNT
GOOD NEIGHBOUR BYLAW NO. 702, 2013
A Bylaw to prohibit unsightly premises, nuisances and other objectionable situations
WHEREAS it is deemed necessary that a new Good Neighbour Bylaw be established for the
Village of Valemount;
NOW THEREFORE the Council of the Village of Valemount, in open meeting assembled,
pursuant to Sections 8(3) (h) and 64 of the Community Charter enacts as follows:
1. Title
1.1 This bylaw may be cited for all purposes as the "Village of Valemount
Good Neighbour Bylaw No. 702, 2013."
2. Repeal
2.1 Bylaw No. 666, 2011, Good Neighbour Bylaw, and all amendments thereto, are
hereby repealed.
3. Definitions
3.1 Refer to Schedule A of this bylaw.
4. General Provisions
4.1 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.
4.2
No owner or occupier shall allow their property to become or remain unsightly.
4.3 No person shall place graffiti in such manner as to be visible from a highway,
public place or other property.
4.4 No person shall deposit or throw refuse or garbage on a highway, public place or
property where there are no buildings or structures.
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4.5 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 or 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.
4.6 Despite paragraph 4.5 (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.
4. 7 No owner or occupier shall cause or permit water to accumulate on the property
of that owner or occupier.
4.8 No owner or occupier shall cause or permit unsanitary conditions to exist on the
property of that owner or occupier.
4.9 No owner or occupier of a property shall allow any grasses or other weeds
growing thereon to be in excess of 20.32 em (8 inches) in height. The grasses or
other weeds shall be cut and removed from the property, or cause to be cut down
in such manner to prevent blowing.
4.1 0 No owner or occupier shall cause or permit noxious weeds to grow or
accumulate on the property of that owner or occupier.
4.11 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.
4 .12 No owner of a property 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, coverings
or coating materials to be on the property unless the owner is in possession of a
valid building permit in respect of the building or structure.
5. Requirements
5.1 Every owner and occupier shall remove, or cause to be removed, from such
property all:
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a. Noxious, offensive or unwholesome material;
b. Unsightly conditions;
c. Graffiti;
d. Derelict vehicles or parts of derelict vehicles;
e. Accumulations of water;
f. Unsanitary conditions;
g. Noxious weeds (see Schedule B);
h. Trees and other growths that create safety hazards; and
i.
Building or structures which are missing all or a portion of its surface,
coverings or coating materials (see Section 4.12).
6. Enforcement
6.1 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.
6.2 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 issue a penalty, as per Section 7 of this Bylaw.
6.3 In the case of an emergency as per Section 16 (4) of the Community Charter, or
if the owner or occupier of the property fails to comply with a penalty as per
Section 7 of this Bylaw, the Village, by its employees, contractors or 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.
7. Offense and Penalty
7.1 No person shall do any act or permit any act or thing to be done in
contravention of this bylaw.
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7.2 Every person who violates any provision of this bylaw, or who permits any
act or thing to be done in contravention of this by-law, or who fails to do
any act or thing required by this by-law, shall be deemed to have
committed an offence against this by-law and:
a. Shall be liable to any conditions set out in the Village of Valemount
Bylaw Notice Enforcement and Dispute Adjudication System Bylaw; or
b. Shall be liable, upon summary conviction, to the penalties provided
under the Offence Act; or
c. Any combination of the above.
7.3 Each day that an offence against this bylaw continues may be deemed a
separate and distinct offence.
7.4 Any penalty imposed pursuant to this bylaw shall be in addition to, and not
in substitution for, any other penalty or remedy imposed pursuant to any
other applicable statute, law or legislation.
8 Severability
8.1
If any portion of this bylaw is declared ultra vires by the Court of
Competent Jurisdiction, that portion shall be deemed to be severed from
the bylaw to the extent that the remainder of the bylaw shall continue in
full force and effect.
Read a First Time this
13th day of August, 2013
Read a Second Time this
13th day of August, 2013
Read a Third Time this
24th day of September, 2013
Reconsidered and Adopted this
---
Mayor, Andru McCracken
Certified to be a true copy of the Bylaw 702,2013 as adopted by Council Resolution
_
_ , dated __ day of __ , 2013.
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375/13
8th
Oct
VILLAGE OF VALEMOUNT
GOOD NEIGHBOUR BYLAW NO. 702, 2013
Schedule A: Definitions
In this Bylaw, unless the context otherwise requires:
"Bylaw Enforcement Officer" means a person designated as a Bylaw Enforcement Officer, as
per the Village of Valemount Bylaw Notice Enforcement and Dispute Adjudication System
Bylaw, which may change from time to time;
"Council" means the Mayor and Council for the Village of Valemount;
"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 surface, but does not include a sign for which a permit has been issued by
the Village;
"Highway" means any highway, street, road or public alleyway;
"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 designated to be self propelled;
"Motor Vehicle Act" means the Motor Vehicle Act RSBC, 1996 Chapter 18;
"Noxious Weeds" means (See Schedule B of this Bylaw);
"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
lease, license, agreement for sale or other agreement with the owner of the property;
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"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;
"Village" means the Village of Valemount;
"Zoning Bylaw" means the current Village of Valemount Zoning Bylaw that may
change from time to time.
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VILLAGE OF VALEMOUNT
GOOD NEIGHBOUR BYLAW NO. 702, 2013
Schedule B: Noxious weeds include the list below and any weed that is included within the
most recent list of invasive weed species that are covered under the Northwest Invasive Plant
Council Weed Control 50/50 Program.
Common Name
latin Name
Common Name
latin Name
Baby's Breath
Gypsophila paniculata
Knapweed, diffuse
Centaurea diffusa
Bluebur, Western
Lappula echinata
Knapweed, spotted
Centaurea stoebe,(syn. C.
Maculosa & C. biebersteinii
Blue Buttons
Centaurea cyanus
Knotweeds
Falfopia & Polygonum sp.
Bluet
Centaurea montana
Lamb's Quarter
Chenopodium spp.
Blueweed
Echium vulgare
Loosestrife
Lythrum spp.
Broom
Cytisus scoparius
Medic, black
Medica go lupulina
Buckwheat, wild
Palygonum convolvulus
Mullein
Verbascum thapsus
Bugloss, small
Lycopsis arvensis
Mustard Hedge
Sisymbrium officinale
Burdock, common
Arctium minus
Mustard, dog
Erucastrum galficum
Campion, bladder
Silene cucubalus
Mustard, tumble
Sisymbrium spp.
Catchfly, night flowering
Silene noctifloro
Mustard, wild
Sinapis arvensis
Chamomile, scentless
Matricaria moritimo
Pineapple Weed
Matricaria matricarioides
Chicory
Cichorium intybus
Policeman's helmet or
Impatiens glanulifera
Himalayan balsam
Cockle, white
Lychnis alba
Primrose, evening
Oenothera biennis
Comfrey
Symphytum officinal L.
Ragwort, tansy
Senecio jacobaea
Daisy, oxeye
Chrysanthemum
Scabious, field or blue
Knautia arvensis
/eucanthemum
buttons
Dock, curled
Rumex crisp us
Spurge leafy
Euphorbia esula
Eyebright
Euphrasia nemarasa
St. John's-wort
Hypericum perforatum
Fleabane, Canadian
Conyza canadensis
Stinkweed or pennycress
Th/aspi arvense
Goat's Beard
Tragopogon spp.
Sulphur cinquefoil
Paten til/a recta
Gorse
Ulex europaeus
Tansy, common
Tanacetum vulgare
Groundsel, common
Senecio vulgaris
Tarweed
Madia glomerata
Hair bittercress
Cardamine hirsuta
Thistle, bull
Cirsium vulgare
Hawksbeard, narrowleaf
Crepis tectorum
Thistle, Canada
Cirsium arvense
Hawkweeds
Hieracium spp.
Thistle, marsh plume
Cirsium palustre
Hemp-nettle
Galeopsis tetrahit
Thistle, nodding
Carduus nutans
Himalayan blackberry
Rubuis discolor
Thistle, plumeless
Carduus acantha/des
Hoary alyssum
Berteroo incana
Thistle, Russian
Sa/sola Kali
Hop Clover
Trifolium agrarium
Thistle, sow
Sonchus spp.
Hound's Tongue
Cynoglossum officinale
Toadflax
Linaria do/matico
Iris, yellow flag
Iris pseudacorus
Vetch, tufted
Viccia cracca
Knapweed, black, brown &
Centaurea nigra, jacea
Wormwood or absinthium
Artemisia absinthium
greater
& scabiosa
Yellow archangel
Lamium galeabdolon
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