Good Neighbour Bylaw No. 0151, 2018 (consolidated to 0151.04)
West Kelowna, British Columbia
· adopted 2018-05-22
This is the exact embedded text of the captured official document.
Snapshot 2fa39de70246 · verified 2026-08-23 ·
original document ·
archived snapshot ·
unofficial consolidation, the official version is held by the municipal clerk.
CITY OF WEST KELOWNA
GOOD NEIGHBOUR BYLAW NO. 151
TABLE OF CONTENTS
Title
Section 1
Interpretation
2
General Regulations
3
Definitions
4
Blasting Regulations
5
Nuisance Activity
-
General Nuisance
-
Panhandling
-
Graffiti
6
Noise Regulations
7
Property Maintenance
-
Private Property
-
Boulevard and Laneway
-
Snow Removal
-
Dust
8
Repeat Nuisance Service Calls
9
Compliance Orders
10
Enforcement and Penalty
11
Repeal
12
CITY OF WEST KELOWNA
BYLAW NO. 0151
A Bylaw to enhance the quality of life for the Citizens of the City of West Kelowna
CONSOLIDATED FOR CONVENIENCE TO INCLUDE
BYLAW 0151.01, 0151.02, 0151.03, 0151.04
WHEREAS, the Council of the City of West Kelowna desires to protect quality of life for its
citizens, and endeavors to promote civic responsibility, and further, strives to encourage good
relationships between neighbours;
THEREFORE BE IT RESOLVED that the Council of the City of West Kelowna in open
meeting assembled, hereby ENACTS AS FOLLOWS:
1.
Title
This Bylaw may be cited as the "CITY OF WEST KELOWNA GOOD NEIGHBOUR
BYLAW NO. 0151, 2018."
2.
Interpretation
2.1
Words or phrases defined in the British Columbia Interpretation Act, Motor Vehicle
Act, Local Government Act or any successor legislation, shall have the same meaning
when used in this Bylaw unless otherwise defined in this Bylaw.
2.2
If any part of this Bylaw is for any reason held invalid by any court of competent
jurisdiction, the invalid portion shall be severed and the severance shall not affect the
validity of the remainder of this Bylaw.
3.
General Regulations
3.1
No person shall obstruct or interfere with a Bylaw Enforcement Officer in the exercise
of their duties.
3.2
A Bylaw Enforcement Officer shall have the right to enter upon the property of any
owner or occupant at all reasonable times and in a reasonable manner for the
purposes of inspecting to determine compliance with the provisions of this Bylaw.
4.
Definitions
In this Bylaw:
"accumulation" means a build up, growth or collection, either scattered, amassed or
piled, existing at the time of inspection;
"automated teller machine" means a device linked to a financial institution's account
records which is able to carry out financial transactions;
"blasting operations" means preparing, placing and firing a charge, handling a misfire
and destroying or disposing of explosive materials;
"boulevard" means that portion of highway between the curb lines or the lateral
boundary lines of a roadway and the adjoining property or between the curbs on
median strips or islands, but does not include curbs, sidewalks, ditches or driveways;
"bus stop" means a section of street which is designed for the loading and unloading
of buses and where parking and stopping of all other vehicles is prohibited;
"Bylaw Enforcement Officer" means the person appointed by Council as such, and
shall include members of the Royal Canadian Mounted Police;
"container" means a dumpster, garbage can, garbage bin or other receptacle
designed, intended or used to hold rubbish, discarded materials and debris;
"Council" means the Council of the City of West Kelowna;
"crossing" means any improvement that is constructed over a boulevard or sidewalk
for the purpose of allowing vehicles or pedestrians to gain access between the
highway and the land adjacent to the highway;
"derelict vehicle" means any vehicle or part thereof, propelled other than by muscle
power, which:
(1)
is physically wrecked or disabled;
(2)
is not capable of operating under its own power; and
(3)
does not have attached licence plates for the current year pursuant to the
regulations of the Motor Vehicle Act of the Province of British Columbia;
"City" means the City of West Kelowna;
"drainage facility" means boulevard drainage inlets, catch basins, grates, or culverts;
"excessive nuisance abatement fees" include, but are not limited to the following costs
and expenses incurred while responding to a nuisance service call for the purpose of
abating nuisance conduct, activity or condition:
(1)
the cost of police and City staff salaries, including all fringe benefits;
(2)
the cost of using police, fire and City equipment and vehicles;
(3)
the administration costs incurred by the City in responding to a nuisance
service call and abating a nuisance; and
(4)
the cost of repairs to damaged City equipment, vehicles and property;
"filth" means foul or putrid matter;
"General Manager" means General Manager of Development Services or their
designate.
"grass" shall include plants that are commonly known or referred to as grass;
"highway or other public place" includes every street, road, land, boulevard, sidewalk,
lane, bridge, viaduct and any other way open to public use and any park, school
grounds, building, conveyance, private place or passageway to which the public has,
or is permitted to have access or is invited;
"lane" means a public thoroughfare or way which affords only a secondary means of
access to a lot at the side or rear;
"motor boat" means a boat or any vehicle used on water that is powered by an engine;
"noxious weed" means any weed designated by regulation to be a noxious weed
pursuant to the British Columbia Weed Control Act;
"nuisance" means anything that annoys or gives trouble, or that which is offensive,
irritating or a pest to anyone residing within the City;
"nuisance service call" means a bylaw enforcement, police, or City response to and
abatement of any nuisance or other activity, conduct or condition occurring on or near
real property which substantially and unreasonably interferes with another person's
use and enjoyment of a public place or of real property occupied by that person, or
which causes injury to the health, comfort or convenience of an occupier of real
property and which is caused by or arises from a person's failure to comply with the
requirements of this Bylaw;
"offensive matter" means physical objects which are objectionable to the public;
"panhandle" means to beg for, or without consideration, ask for money, donations,
goods or other things of value whether by spoken, written or printed word or bodily
gesture for one's self or for any other person but does not include soliciting where
approved by the City;
"real property" means land and any property attached directly to it. It is any subset of
land that has been improved through legal human actions. Real property also entails
the right of use, control and disposition of the land and its attached objects. Real
properties can include buildings, trees, ponds, and roads among other things.
"rubbish", in addition to its common dictionary meaning, shall include decaying or non-
decaying solid and semi-solid wastes, including, but not limited to, both combustible
and non-combustible wastes, such as paper, trash, refuse, cardboard, waste material,
cans, glass, bedding, mattresses, crates, rags, barrels, boxes, lumber not neatly piled,
scrap iron, tin and other metal, scrap paving material, construction and demolition
waste, derelict vehicles and other vessels, tires, machinery, mechanical or metal
parts, discarded or dilapidated appliances, discarded or dilapidated furniture, ashes
from fireplaces and on-site incinerators, yard clippings and brush, wood, dry
vegetation, dirt, weeds, dead trees and branches, stumps, and piles of earth mixed
with any of the above;
"street" means any highway, roadway, sidewalk, boulevard, place or right of way
which the public is ordinarily entitled or may be permitted to use for the passage of
vehicles or pedestrians and includes a structure located in any of those areas;
"traffic control signal" means a traffic control signal as defined in the British Columbia
Motor Vehicle Act.
"unwholesome matter" means physical objects which are detrimental to the physical or
mental well being of persons.
"unsightly", in addition to its common dictionary meaning and regardless of the
condition of other properties in the neighbourhood, means any property having any
one or more of the following characteristics:
(1)
the storage, location or accumulation visible to a person standing on a public
highway or on nearby property, or in a building or structure situate on a public
highway or nearby property, of filth, rubbish, graffiti or any other discarded
materials;
(2)
the untidy storage, location or placement of building materials on a site where
construction is not taking place, except where they cannot be seen from a
public highway or from nearby property, or from a building or structure situate
on a public highway or nearby property;
(3)
landscaping or vegetation that is dead or characterized by uncontrolled growth
or lack of maintenance, or is damaged;
(4)
any other similar conditions of disrepair, dilapidation, or deterioration.
"weed" means and shall include brush, trees, noxious weeds and other growth that is
allowed to come to a state of causing, or about to cause, a nuisance and any
vegetation that may by its root system, limbs, shoots or leaves intrude into a lane in a
manner that may impact travel, construction, maintenance levels, longevity or
esthetics of the said lane.
5.
Blasting Regulations
5.1
Requirement for Blasting Permit
No owner of property shall blast or engage in blasting operations on that property, or
allow blasting or allow blasting operations on that property, unless the owner is the
holder of a Blasting Permit under this Bylaw.
5.2
Permit Application Form
An owner of property may apply to the City for a Blasting Permit by completing an
application form and submitting it to the City.
5.3
Blasting Permit Requirements
A Blasting Permit will not be issued unless it is accompanied by all of the following
information, and the information is satisfactory to the General Manager:
(a)
Copy of valid Business Licence issued to the Blaster by the City;
(b)
Copy of Blasting Certificate issued by WorkSafe BC;
(c)
Site plan of area within 300 meters where blasting will occur;
(d)
Commercial General Liability insurance covering the blasting site and all
operations related to the blasting work, and contact information of the
insurance company naming the City as an additional insured;
(e)
Name of the independent company which will carry out vibration and air over
pressure monitoring;
(f)
A communication plan for the area located within 300 meters from the edge of
the blast, by which owners and occupiers within this area will be advised of the
following:
-
Description and purpose of the blasting to be done;
-
Dates on which blasting will occur;
-
Times when blasting will occur;
-
Methods intended to safeguard persons and property, including plan of
vibration and air over pressure monitoring;
-
Signals and other warning methods to be used to inform those nearby of
an impending blast;
-
Name, telephone number, cellular telephone number and email address of
the blaster;
-
Name, address, and telephone number of the blaster's insurer;
(g)
Information of any proposed road closures, detours, etc.
5.4
Permit Fee
A Blasting Permit fee, as set out in the City's Fees and Charges Bylaw, must be paid
to the City prior to issuance of a Blasting Permit.
5.5
Permit Issuance
The General Manager may issue a Blasting Permit
(a)
after an applicant has paid the Blasting Permit fee and submitted a completed
application for a Blasting Permit, with all information satisfactory to the General
Manager; and
(b)
once the General Manager has confirmed that the blasting would comply with
this Bylaw, all other applicable bylaws of the City, all municipal covenants,
rights of way, and other charges and interests affecting the property.
5.6
Refusal/Suspension of Permit
If the General Manager considers that the requirements of Section 5.3 are not
satisfied, then the General Manager may refuse to issue the Blasting Permit. If the
Fire Chief considers that weather conditions are not conducive to blasting activities,
the Fire Chief may suspend the Blasting Permit for a period of time. The applicant
may, by written request to the Corporate Officer, seek to have Council of the City
reconsider the refusal or suspension of the Blasting Permit.
5.7
Commencement of Blasting
The holder of a Blasting Permit may not commence or allow blasting or blasting
operations until such time as the holder of the Blasting Permit has given one week
notification to the neighbourhood as required by the terms of the Blasting Permit -
Communications Plan, as approved by the General Manager who issued the Blasting
Permit.
5.8
Permit Duration
The duration of a Blasting Permit shall be six (6) months from the date of issuance of
the Blasting Permit, subject to earlier suspension or revocation of the Blasting Permit.
A Blasting Permit may not be renewed or extended.
5.9
Suspension and Revocation of Blasting Permit
The General Manager may either suspend a Blasting Permit or revoke a Blasting
Permit if the holder of the Permit is in contravention of the terms of the Blasting
Permit.
If the General Manager lifts the suspension of a Blasting Permit before the expiry of
the Permit, the six-month duration of the Blasting Permit will not be extended.
If the General Manager should suspend or revoke a Blasting Permit, the holder of the
Blasting Permit may, by written request to the Corporate Officer, seek to have Council
of the City, reconsider the suspension or revocation.
There will be no refund of the fee for the Blasting Permit in the event the Blasting
Permit is suspended or revoked.
Bylaw 0151.03, adopted July 25, 2023, deleted from Section 6 the word "Street Nuisances" and replaced it with "Nuisance
Activity"
6.
Nuisance Activity
Bylaw 0151.03, adopted July 25, 2023, added a new Section 6.1 and renumbered the subsequent sections:
6.1
No person shall:
(a)
Cause any nuisance within the City; or
(b)
Permit real property to be used so as to cause a nuisance.
6.2
No person shall panhandle within 10 metres of:
(a)
an entrance to a bank, credit union or trust company;
(b)
an automated teller machine;
(c)
a bus stop;
(d)
a bus shelter; or
(e)
the entrance to any liquor store.
6.3
No person shall panhandle from an occupant of a motor vehicle which is:
(a)
parked;
(b)
stopped at a traffic control signal; or
(c)
stopped temporarily for the purpose of loading or unloading.
6.4
No person shall panhandle after sunset on any given day.
6.5
No person shall sit or lie on a street for the purpose of panhandling.
6.6
No person shall continue to panhandle from a person, or follow a person, after that
person has made a negative response.
6.7
No person shall apply graffiti on walls, fences, or structures on or adjacent to any park
or public place.
7.
Noise Regulations
7.1
General Prohibitions
(a)
No person shall make or cause, or permit to be made or caused, any noise in
or on a highway or other public place in the City which disturbs or tends to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of any
person or persons in the neighbourhood or vicinity of that place.
(b)
No person, being the owner, occupier or tenant of real property, shall allow or
permit such real property to be used so that noise or sound which occurs
thereon or emanates there from, disturbs or tends to disturb the quiet, peace,
rest, enjoyment, comfort or convenience of any person or persons on the same
property or in the neighbourhood or vicinity of that property.
7.2
Specific Prohibitions
Without limiting the generality of Section 7.1 herein:
(a)
No person shall play or operate any radio, stereophonic equipment or other
instrument or any apparatus for the production or amplification of sound either
in or on private premises or on any highway or other public place in such a
manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience
of any person or persons in the neighbourhood or vicinity of those premises or
place.
(b)
No person, being the owner, occupier or tenant of real property, shall allow or
permit his real property to be used by a person or persons for playing or
operating any radio or stereophonic equipment or other instrument or other
apparatus for the production or amplification of sound in such a manner as to
disturb the quiet, peace, rest, enjoyment, comfort or convenience of any
person or persons in the neighbourhood or vicinity of said real property.
(c)
Subject to Section 7.4(e), no person shall own, keep or harbour any animal or
bird which by its cries or sounds unduly disturbs the peace, quiet, rest or
tranquility of the surrounding neighbourhood or of persons in the vicinity.
(d)
No person may operate, or cause, suffer or permit the operation of, any
motorized lawn-grooming or garden equipment in the City between 9:00 p.m.
and 7:00 a.m.
(e)
Subject to Section 7.5(a), no person in the City shall, and no owner of real
property shall, on any day before 7:00 a.m. or after 8:00 p.m., construct, erect,
reconstruct, alter, repair or demolish any building, structure or thing, blast or
engage in blasting operations unless otherwise regulated in the Blasting
Permit, excavate or fill in land in any manner which causes noise or sounds in
or on a highway or elsewhere in the City which disturbs or tends to disturb, the
quiet, peace, rest, enjoyment, comfort or convenience of any person or
persons in the neighbourhood or vicinity.
7.3
Boat Noise
(a)
No person shall launch a motor boat from any lands in the City or operate a
motor boat in the City if that motor boat is equipped with an exhaust system
that permits the exhaust gases from the engine to be expelled directly into the
air without first passing through the water unless the boat motor is equipped
with a muffling device that ensures the exhaust gases from the engine are
cooled and expelled without excessive noise;
(b)
No person shall operate a motor boat powered by an engine equipped with the
exhausting devices commonly described as dry stacks or dry headers;
(c)
No person shall operate a motor boat powered by an engine equipped with all
exhausting devices commonly described as water injected headers unless a
properly operating muffler is installed thereto;
(d)
No person shall operate a motor boat powered by an engine equipped with
exhausting devices commonly described as over-transom water cooled
exhaust unless a properly operating muffler is installed thereto; and
(e)
No person shall operate a motor boat so as to cause noise which disturbs the
peace, rest, enjoyment, comfort or convenience of the neighbourhood or of
persons in the vicinity.
7.4
Exemptions
Notwithstanding anything contained herein, no person shall be guilty of an infraction of
this Bylaw while:
(a)
operating, or in charge of, fire department, police or ambulance vehicles while
in the execution of their duties;
(b)
operating any motor vehicle, machinery or other apparatus or thing during an
emergency or for a public purpose or in furtherance of the public interest
including, without limiting the generality of the foregoing, snow removal,
watermain and sewer main break repairs and civil defence exercises;
(c)
performing works of an emergency nature for the preservation or protection of
life, health or property, provided that the onus shall be on the person
performing the work to show cause that the work was of an emergency nature;
(d)
lawfully carrying on a trade or industry at a commercial, industrial or light
industrial zoned area, provided that the sound or noise therefrom does not
exceed the sound or noise common to such trade or industry where carried out
in accordance with generally accepted industry standards using equipment
and facilities in good operating order;
(e)
conducting farm operations conducted in accordance with normal farm
practices under the Farm Practices Protection (Right to Farm) Act;
(f)
operating residential household equipment including, but not limited to, pool
pump motors, air conditioning units, exhaust fans, hot tub pumps, provided
that the sound or noise therefrom does not exceed the sound or noise
common to such household equipment when in good operating order and
being used in accordance with generally accepted industry standards.
7.5
Special Exemptions
(a)
Construction and Blasting Permits:
Where the General Manager considers that it is impossible or impractical for a
person to comply with Section 7.2 (e), the General Manager may, on
application in writing, grant a construction permit or a blasting permit to carry
out work that is found to be necessary, at designated hours on designated
days.
8.
Property Maintenance
PRIVATE PROPERTY MAINTENANCE
8.1
Regulations
Except as permitted under section 8.2 of this Bylaw, no owner or occupier of real
property shall cause, suffer or permit:
(a)
water, rubbish, noxious, offensive, or unwholesome matter to collect or
accumulate on the real property;
(b)
rubbish to overflow from or accumulate around any container situate on the
real property;
(c)
the real property to become or remain unsightly;
Bylaw 0151.03, adopted July 25, 2023, deleted from Section 8.1 (d) the word "noxious"
(d)
the accumulation of dead landscaping, vegetation, weeds or other growths to
occur or to remain on the real property; or
(e)
demolition waste, construction waste or trade waste to accumulate on the real
property with respect to real property for which a Building Permit has been
issued by the City.
8.2
Exemptions
(a)
Section 8 of this Bylaw does not apply to farm operations conducted in
accordance with normal farm practices under the Farm Practices Protection
(Right to Farm) Act.
(b)
Section 8 of this Bylaw does not apply to the orderly outdoor storage of goods
and chattels where permitted by the City 's Zoning Bylaw.
BOULEVARD & LANEWAY MAINTENANCE
Bylaw 0151.03, adopted July 25, 2023, deleted from Section 8.3 in its entirety and replaced it with the following Section 8.3.
Bylaw 0151.04, adopted September 26, 2023, deleted from Section 8.3 in its entirety and replaced it with the following Section
8.3.
8.3
Regulations
Every owner or occupier of real property shall maintain the sidewalk, boulevard, and
land adjacent to their real property and in particular shall:
(a)
remove accumulations of filth, leaves, rubbish, discarded material, hazardous
objects and materials which obstruct a drainage facility;
(b)
in keeping with the reasonable standard of maintenance in the area, keep free
of all weeds, and grassed areas trimmed;
(c)
keep in good repair and up to City standards, all driveway crossings;
(d)
trim and maintain all plantings;
(e)
remove all filth, leaves, rubbish, discarded materials, hazardous objects and
materials from all boulevards and sidewalks;
(f)
maintain a clear and unobstructed area, including snow and ice, having a
radius of 1 (one) meter around a fire hydrant, as well as a clear 1 (one) meter
width from the front of the hydrant to the nearest roadway.
8.4
As of November 26, 2013, hedges, rocks or gravel are not permitted to be placed on
the boulevard adjacent to a roadway, curb or sidewalk, except:
(a)
gravel placed by City personnel on the boulevard for the purposes of drainage; or
(b)
where a sidewalk is present, gravel that is no larger than 2.5 cm in diameter
may be placed between the sidewalk and an adjacent property line, provided
that the gravel is at least 2.5 cm below the level of the sidewalk to prevent
spillage onto the sidewalk; or
(c)
where a sidewalk is not present and a curb is located in the boulevard, gravel
that is no larger than 2.5 cm in diameter may be placed between the curb and
an adjacent property line, provided that the gravel is at least 2.5 cm below the
level of the curb to prevent spillage onto the road.
SNOW REMOVAL
8.5
Regulations
(a)
Every owner and occupier of real property shall remove all snow and ice from
all sidewalks bordering the real property within 24 hours from the cessation of
a snowfall or storm event which caused such accumulation.
(b)
An owner or occupier shall not use equipment which could cause damage to
the boulevard or sidewalk due to excess weight of the equipment or sharp
edges which could cause abrasions or scrapes to the sidewalk or boulevard.
(c)
Every owner or occupier of real property shall remove all snow and ice from
the roof or other part of any structure on the property, where the location of
that structure is such that it is reasonable to expect that the snow or ice on it
may fall onto any sidewalk or highway, within 24 hours of the cessation of any
snowfall or storm event that caused the accumulation.
(d)
No persons shall deposit snow, ice or other material removed from sidewalks,
boulevards, lanes, or private property onto City property or highways.
8.6
Exemptions
(a)
Notwithstanding the provision of 8.6(a), owners or occupiers of real property
bordering the following stretches of roadway and parks shall be exempt from
removing snow and ice from sidewalks along those stretches only:
STREET NAME
FROM
TO
SIDE
METERS
Horison Drive
378.08
Horizon Drive
N
505.05
Westlake Road
Starlight
Horizon Drive
E
961.23
Glenrosa Road
McGinnis
Gates
E
380.94
Shannon Lake Rd
Bridge
Golf Course Dr
1430.99
Industrial Road
Westlake Road
Stevens Road
W
96.55
Asquith Road
Shannon Lake
Saddleback
384.50
Asquith Road
Saddleback
Ironridge
552.17
Boucherie Road
Stuart
Hayman
1292.24
Boucherie Road
Hwy 97 N
160.35
Old Okanagan Hwy
Hwy 97 S
Drought
E
74.34
Hwy 97 N
722.59
Hwy 97 S
Gosset
Old Okanagan
233.26
Hwy 97 N
Hebert
Elliot
S
188.96
Hwy 97 N
Elliot
Brown
S
179.53
Hwy 97 N
Brown
Hoskins
S
83.03
Hwy 97 N
Hoskins
Old Okanagan
S
79.38
Paynter Road
Hwy 97 S
175.66
Hebert Road
Main
Chruchill
47.63
Hebert Road
Churchill
Hwy 97 N
45.26
Hwy 97 N
Hebert
Elliot
N
193.78
Hwy 97 N
Elliot
Brown Road
N
185.43
Hwy 97 N
Brown Road
Hoskins
N
82.39
Hwy 97 N
Hoskins
Old Okanagan
N
82.58
Hwy 97 N
Old Okanagan
N
316.39
RCMP
Up Stairs
Hwy 97 S
35.32
Old Okanagan Hwy
E
85.77
Hwy 97 S
Old Okanagan
Hoskins
S
83.06
Hwy 97 S
Hoskins
Brown Road
S
81.40
Brown Road
Hwy 97
E
88.21
Hoskins
Hwy 97
W
85.01
Hwy 97 S
Olk Okanagan
Hoskins
N
78.98
Hwy 97 S
Hoskins
Brown Road
N
81.36
Old Okanagan
Hwy 97
W
88.26
Hoskins
Hwy 97
E
84.56
Hwy 97 S
Brown Road
Elliot Road
S
183.45
Hwy 97 S
Brown Road
Elliot Road
N
177.48
Hwy 97 S
Elliot Road
Hebert
N
193.00
Hwy 97 S
Elliot Road
Hebert
S
195.37
Elliot Road
Hwy 97
E
110.79
Elliot Road
Hwy 97
W
49.21
Elliot Road
Hwy 97
W
48.03
Brown Road
Hwy 97
W
88.93
Gellatly South
E
474.88
Salmon Road
Stonegate Crt
233.71
Gellatly Road
Carrington
Transit Stop
Witt
519.47
Mission Hill
Boucherie Road
First House
767.28
East Boundary
Vineyard Drive
Strata
E
572.37
Vineyard Drive
Pinot Gris
Pinot Noir
351.27
Peak Point Park
88.06
Moonbeam Park
37.36
Sunview Park
47.48
Rosewood
Sprotsfield
395.29
Rose Meadow Park
177.40
Pinot Noir Park
172.47
Vineyard Park
307.49
Jonagold Park
54.31
Chardonnay
Walkway Park
70.94
Shannon Way Park
383.64
Shannon Lake Trail
187.78
Stonegrove Park
157.94
Cobblestone Park
29.81
Wild Horse Park
216.72
Powerline Walkway
33.74
Deer Ridge Park
125.24
Shannon Woods
Park
349.65
Gellatly Multiuse
Cove
Angus
645.38
Glen Abbey park
Walnut Glen
293.88
Majoros Pond
Witt
Majoros
125.11
Shiraz Court
3281
3309
W
197.2
Gregory Road
1575
DL 2045
S
218.1
Westlake Road
Starlight Cres
Stevens Road
E
1643.5
Westlake Rod
Stevens Road
Hwy #97
E&W
534.9
Rosewood Drive
Westlake Road
NE
corner
of
2101 McDougall
S
137.0
Bylaw 0151.03, adopted July 25, 2023, added a new title to Section 8 DUST, and added Sections 8.7 and 8.8.
DUST
8.7
Regulations
Every person shall supply water or other dust suppressant to prevent the emission of
dust that is liable to disturb the peace, rest, enjoyment, comfort, or convenience of
individuals or the public or to foul or contaminate the atmosphere, including but not
limited to:
(a)
carrying out construction works, excavation, repair, demolition, or any activity
ancillary thereto; or
(b)
depositing, stockpiling, disturbing, or removing soil.
8.8
The City may issue a Notice in writing to an individual(s) not in compliance with
Section 8.7 requiring the person to comply with Section 8.7.
9.
Repeat Nuisance Service Calls
9.1
Where a member of the RCMP, a Bylaw Enforcement Officer, or other City official is
required to respond to a real property for:
(a)
more than one nuisance service call within a twenty-four (24) hour period; or
(b)
more than three nuisance service calls within a twelve (12) month period;
the owner of the real property shall be liable to pay an excessive nuisance abatement
fee in accordance with the City's Fees and Charges Bylaw - Bylaw Enforcement Fees
and Fines.
9.2
Before imposing an excessive nuisance abatement fee, written notice shall first be
provided to the owner of the real property:
(a)
describing in detail the nature of the nuisance conduct, activity or condition that
occurred, or was maintained or permitted in, on or near the real property; and
(b)
advising the owner that excessive nuisance abatement fees will be imposed
for each additional nuisance service call to the same real property and that the
imposition of such fees is in addition to the City's right to seek other legal
remedies or actions for abatement of the nuisance.
9.3
Excessive nuisance abatement fees shall be paid by the owner on receipt of an
invoice from the City. If the amount of each invoice is not paid in full before the 31st
day of December in the year received, on written notice to the owner, the amount shall
be added to and form part of the taxes on the real property, as taxes in arrears.
9.4
An owner may, within 30 days of receipt of an invoice demanding payment of
excessive nuisance abatement fees, by written request to the Corporate Officer, seek
to have Council reconsider the requirement to pay, or the amount of, the excessive
nuisance abatement fees.
10.
Compliance Orders
10.1
If the owner of real property or other responsible person fails to comply with a
requirement of this Bylaw, the Bylaw Enforcement Officer may issue an Order
requiring that the owner or other responsible person, bring the real property into
compliance with the provisions of this Bylaw.
10.2
Service of an Order referred to in Section 10.1 will be sufficient if a copy of the order is:
(a)
served personally or mailed by registered mail to the owner of the real property
as shown on the current year's real property assessment roll; and
(b)
either posted on the real property or delivered or mailed by regular mail to the
occupier of the real property.
10.3
An Order issued under Section 10.1 herein must state:
(a)
the civic address of the subject real property;
(b)
the legal description of the subject real property;
(c)
the particulars of the non-compliance with this Bylaw to be remedied;
Bylaw 0151.02, adopted May 25, 2021, deleted Section 10.3 (d) in its entirety and replaced it with the following:
Bylaw 0151.03, adopted July 25, 2023, deleted Section 10.3 (d) in its entirety and replaced it with the following:
(d)
i) noncompliance with this Bylaw must be remedied within 14 days of the
date of delivery of the Notice, or
ii) in the case of snow, ice or rubbish on a sidewalk or footpath, within 24
hours from the time the snow, ice, or rubbish is deposited thereon, or
iii) if a property has a history of non-compliance, a Bylaw Officer may issue an
Order to remedy the non-compliance within 48 hours of the date of delivery
of the Notice, or
iv) in the case of dust, within 24 hours of the date of delivery of the Notice.
10.4
An Order issued under section 10.1 herein may give specific instructions to remedy
the non-compliance with this Bylaw including, but not limited to, any one or more of
the following directions:
(a)
remove unsightly accumulations of materials and rubbish from the real property;
(b)
remove snow, ice and rubbish from sidewalks and footpaths;
(c)
clean, stack or cover any material;
(d)
clear the real property of brush, trees, noxious weeds and other growths;
(e)
cut grass and weeds present on the real property;
(f)
prune trees and shrubs;
(g)
remove rubbish, weeds, grass, and other growth from adjacent boulevards or
laneways;
(h)
remediate, maintain or repair the real property as specified in the Order, so as
to bring it into compliance with this Bylaw.
Bylaw 0151.01, adopted July 9, 2019, deleted Section 10.5 in its entirety and replaced it with the following:
10.5
If the owner of real property or other responsible person fails to comply with the Bylaw
Enforcement Officer's compliance order within the time period specified in such notice,
the City, by it workers or others, may at all reasonable times and in a reasonable
manner, enter the real property and bring about such compliance at the cost of the
defaulting owner or other responsible person. Such costs shall consist of all costs and
expenses incurred by the City to achieve compliance with this Bylaw including, without
limitation, administrative costs, costs to attend property by City employees or its
contractors and the costs of removal, clean up and disposal.
Bylaw 0151.01, adopted July 9, 2019, deleted Section 10.6 in its entirety.
10.7
If an owner of real property or other responsible person defaults in paying the cost
referred to in Section 10.5 to the City within 30 days after receipt of a demand for
payment from the City, the City may either recover from the owner or other
responsible person, in any court of competent jurisdiction, the cost as a debt due to
the City, or direct that the amount of the cost be added to the real property tax roll as a
charge imposed in respect of work or service provided to the real property of the
owner, and be collected in the same manner as property taxes.
10.8
Service of a demand for payment referred to in Section 10.7 will be sufficient if a copy
of the demand is served personally or mailed by regular mail to the owner of the real
property as shown on the current year's real property assessment roll.
11.
Enforcement and Penalty
11.1
The provisions of this Bylaw may be enforced by any Bylaw Enforcement Officer.
Bylaw 0151.03, adopted July 25, 2023, deleted Section 11.2 in its entirety and replaced it with the following:
11.2
Any person(s) who violate any provision of this Bylaw, or who causes, suffers, or
permits any act or thing to be done in contravention of this Bylaw, or who refuses,
omits or neglects to fulfill, observe, carry out or perform any duty or obligation
imposed by this Bylaw, shall be liable on summary conviction to a fine not exceeding
fifty thousand dollars ($50,000.00).
11.3
Where the offence is a continuing one, each day the offence continues shall be a
separate offence.
12.
Repeal
"District of West Kelowna Good Neighbour Bylaw 2009, No. 0071, 0071.01, 0071.02,
0071.03, 0071.04, and 0071.05, 0071.06, and 0071.07" are hereby repealed.
READ A FIRST TIME, SECOND AND THIRD TIME THIS 8TH DAY OF MAY, 2018
ADOPTED THIS 22ND DAY OF MAY, 2018
____
________________
MAYOR
_________ _______________
CORPORATE OFFICER