Controlled Substances Bylaw No. 2005, 2006 (Nuisance, Noxious or Offensive Undertakings, Health and Safety Bylaw) — full text

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CITY OF WILLIAMS LAKE BYLAW NO. 2005 BEING A BYLAW OF THE CITY OF WILLIAMS LAKE TO REGULATE, PROHIBIT OR IMPOSE REQUIREMENTS RESPECTING NUISANCES, NOXIOUS OR OFFENSIVE UNDERTAKINGS, AND HEALTH AND SAFETY RISKS. The Council of the City of Williams Lake in open meeting assembled, enacts as follows: TITLE 1. This Bylaw may be cited as "City of Williams Lake Nuisance, Noxious or Offensive Undertakings, Health and Safety Bylaw No. 2005, 2006". INTERPRETATION 2. In this Bylaw Amphetamines include dextroamphetamines and methamphetamines; Alteration means any change made to the structural, mechanical or electrical components of Residential Premises for the purposes of a Grow Operation; Building means any Structure or construction for any use or occupancy; Building Inspector means the chief building inspector for the City, and every building inspector appointed by the City to inspect buildings or structures in respect of, Building, plumbing, gas or electrical standards; Controlled Substances means a "controlled substance" as defined and described in Schedules I, II and III of the Controlled Drugs and Substances Act, S.C. 1996 c. 19, as it may be amended from time to time, but does not include the trade or manufacture of a controlled substance that is permitted under that Act; BYLAW NO. 2005 PAGE 2 Controlled Substance Property means: (a) a property contaminated by chemical or biological materials used in or produced by the trade or manufacture of a Controlled Substance; or (b) a property modified to trade or manufacture a Controlled Substance; or (c) a property which has been used for the ingestion, use, sharing, sale, trade, or barter of a Controlled Substance therein or thereon; and, (d) which no longer meets the applicable standards under the British Columbia Building Code, British Columbia Fire Code, Health Act or other applicable regulations including any bylaw requirements of the City of Williams Lake. Dangerous Goods means those products or substances regulated by the Transportation of Dangerous Goods Act and its Regulations, both as amended from time to time; Director means the Director of Development and other persons designated by Council to act in the place of the Director; Fire Chief means the person who is appointed to be head of Williams Lake Fire and Rescue Services and every person designated by Council by name of office or otherwise to act in the place of the Fire Chief; Flammable and Combustible Liquid for the purposes of this bylaw are as classified under the Fire Code (British Columbia); Grow Operations means the cultivation of marijuana plants or mushrooms or the production of Amphetamines; Hazardous Conditions means: (a) any real or potential risk of fire; or (b) any real or potential risk to the health or safety of persons or property; or (c) any unapproved building modifications made to the property; or (d) repairs needed to the property; arising or resulting from the use of contamination of a property as a Controlled Substance Property; BYLAW NO. 2005 PAGE 3 Inspector means: (a) the Fire Chief, and every person appointed by Council or the Fire Chief, as applicable, to be an officer or employee of Williams Lake Fire and Rescue Services; (b) the Chief Building Inspector for the City, and every Building Inspector appointed by the City to inspect Buildings or Structures in respect of Building, plumbing, gas or electrical standards; (c) a peace officer, including a member of the Royal Canadian Mounted Police; (d) the Director of Development; (e) the Director of Engineering and Operations; (f) bylaw enforcement officers and bylaw inspections officers; (g) the deputy of a person, officer or employee referred in paragraphs (a) to (e); (h) other persons designated by Council by name of office or otherwise to act in the place of the persons, officers or employees referred to in paragraphs (a) to (f); Owner includes the registered owner of Residential Premises and the lessee of Residential Premises; Parcel includes land and any improvement comprised in a parcel; Pesticides means a substance or mixture, including a chemical, used to destroy, prevent, repel or mitigate fungi or animal pests or micro organisms such as bacteria or viruses, and includes herbicides, fungicides, other substances used to control pests plant regulators, defoliants or desiccants; Professional Cleaner means an individual or corporation experienced and qualified in removing contaminants from Residential Premises and includes the Owner; Re-occupancy Permit means permission or authorization in writing by the Building Inspector to re-occupy any Building or part thereof in respect of which the Building Inspector has issued an order to cease occupancy because of a hazardous condition; Residential Premises means any Building or part of a Building which may lawfully be occupied as a dwelling unit by one or more persons; BYLAW NO. 2005 PAGE 4 Service Costs means all direct and indirect costs incurred by the City associated with the inspection and removal of the illegal activities, materials associated with illegal activities, and by-products resulting from illegal activities at a Controlled Substance Property and includes: (a) salaries of personnel; (b) costs incurred for the dismantling, disassembly, removal, clean up, transportation, storage, and disposal of equipment, substances, materials and other paraphernalia associated with such use, trade, business or manufacture; (c) costs incurred from the replacement of consumables used, or the replacement of equipment following exposure to contaminants; (d) costs incurred as a result of the analysis of the materials found at the property and the health and safety conditions at the property; Special Safety Inspection means an inspection coordinated with other such departments, jurisdictions, and contractors as is necessary to review hazardous conditions that may exist and to issue such orders as are applicable pursuant to the British Columbia Building Code, British Columbia Fire Code, Health Act and other such regulations and bylaws within the City; Structure means an erection, repair, alteration, addition, demolition, excavation or other construction which supports a use or occupancy; and, Tenancy Agreement means an agreement, whether written or oral, express or implied, having a predetermined expiry date or not, between a landlord and tenant respecting possession of premises, including Residential Premises. BUILDING AND SAFETY STANDARDS 3. No person may disconnect from an electrical or water distribution system a meter installed for the purpose of ascertaining consumption of electricity or water if the disconnection is for the purpose of preventing the electrical or water supplier from ascertaining consumption. BYLAW NO. 2005 PAGE 5 4. If, as a result of the use of a property as a Controlled Substance Property 1) the supply of electricity, water or natural gas to a property has been disconnected by the City or any other lawful authority; 2) unauthorized Alterations or repairs have been made to structural, electrical, water or gas systems, equipment, appliances or other accessories of any kind; or 3) a hazardous condition exists on the property; then the supply of electricity, water or natural gas must not be permanently reconnected and the property must not be occupied or used until 4) the owner or occupant has applied to a Building Inspector for a special safety inspection pursuant to this section; 5) the property has been inspected by the Building Inspector and all other lawful authorities having jurisdiction over the supply of electricity, water or natural gas, for compliance with all health and safety requirements of the City's bylaws and any provincial statute or regulation relating to building, electrical, water, health, gas, or fire safety as amended from time to time; 6) the owner or occupant has obtained all permits, approvals or authorizations required to carry out the work necessary to bring the property into compliance with the City's bylaws and all provincial statutes and regulations; 7) all of the work referred to in this section has been completed and inspected by the Building Inspector and all other lawful authorities having jurisdiction and the Property is in compliance with the City's bylaws and all applicable provincial statutes and regulations, as amended from time to time; and 8) the owner or occupant has paid all fees imposed by Schedule "A" of this Bylaw and other relevant City Bylaws in relation to this inspection of the property and the issuance of permits, and the Building Inspector has issued a Re-Occupancy Permit for the property. BYLAW NO. 2005 PAGE 6 5. No person may divert or install exhaust vents to exhaust into or within the Building instead of external venting. 6. No person may store or use Dangerous Goods in a Residential Building or a Residential Accessory Building in quantities greater than permitted under the Fire Code (British Columbia) as amended from time to time. 7. No person may construct or install in a Building or Structure a trap or other device which could have the effect of causing death or bodily harm to a person entering the Building or Structure, including an Inspector under this Bylaw. 8. No person may construct or install any obstruction of an exit or an access to an exit required under the Building Code (British Columbia) or other enactment, as amended from time to time, or remove fire stopping that is provided or required under an enactment to contain the spread of fire within a Building. 9. The Building Inspector may post a notice containing the words "Unsafe - Do not enter or occupy" in a conspicuous place at the entrances of a Controlled Substance Property. 10. No person may: 1) interfere with or obstruct an Inspector from posting a notice referred to in Section 9 or 2) remove, alter, cover, or mutilate a notice posted under Section 9, except with the permission of an Inspector. HEALTH 11. No person may cause or allow a Building to become subject to the growth, on any portion of the Building, of mould or fungus arising from or in relation to the cultivation of marijuana plants or the production of Amphetamines in the Building. BYLAW NO. 2005 PAGE 7 NUISANCE 12. No person may cause or permit 1) a nuisance as a result of the use or occupancy of a parcel; 2) water, rubbish or unsightly matter to collect or accumulate in, on, under or around a Parcel owned, used or occupied by the person, where "unsightly" has the meaning given by the Unsightly Premises Bylaw, in force from time to time, as amended or replaced. NOXIOUS OR OFFENSIVE UNDERTAKING 13. No person may cause or permit a noxious or offensive undertaking or process in any premises. Without limiting the generality of the foregoing, this includes the production, storage, transfer or disposal of substances that emit offensive odours, fumes or particulate matters. FIRE PROTECTION 14. The Fire Chief may 1) enter on real property and inspect premises for conditions that may cause a fire, increase the danger of a fire or increase the danger to persons or property from a fire; 2) take measures to prevent and suppress fires, including the demolition of Buildings and other Structures to prevent the spreading of fires; 3) order an owner or occupier of real property to undertake any actions directed by the Fire Chief or other person authorized by the Fire Chief for the purpose of removing or reducing any thing or condition that person considers is a fire hazard or increases the danger of fire; and, 4) exercise some or all of the powers of the Fire Commissioner under Section 25 of the Fire Services Act, and for these purposes that section applies. 15. Every Owner or occupier of real property must undertake any action directed by the Fire Chief or other person authorized by Council to act in the place of the Fire Chief for the purpose of removing or reducing any thing or condition that the Fire Chief or the other authorized person considers is a fire hazard or increases the danger of fire. BYLAW NO. 2005 PAGE 8 TENANCIES 16. Every Owner of Residential Premises or other premises that are subject to a Tenancy Agreement 1) must inspect the premises at least once every three months to ascertain whether this bylaw has been contravened, and 2) who has knowledge of a contravention of this bylaw, in relation to the Residential Premises or other premises, must (a) within 24 hours of the discovery of the contravention, deliver written notice to the Building Inspector of the particulars of the contravention, and (b) subject to the Residential Tenancy Act, within two months of the delivery of the notice, take such action as may be necessary to bring the premises into compliance with this Bylaw. REMEDIATION REQUIREMENTS 17. If Residential Premises have been used for a Grow Operation, the Owner of the Residential Premises must, within 30 days after the Grow Operation has been removed, subject to the Residential Tenancy Act: 1) either remove and dispose of all carpets and curtains in the Residential Premises, or have all carpets and curtains in the Residential Premises cleaned by a Professional Cleaner; 2) if the Residential Premises are heated by forced air heating, have all air ducts cleaned by a Professional Cleaner or by a duct cleaning company; and, 3) have all walls and ceilings in the Residential Premises cleaned and disinfected by a Professional Cleaner; and the City may deliver to the Owner and occupier of the Residential Premises a letter in the form of Schedule D. BYLAW NO. 2005 PAGE 9 INSPECTION AND CERTIFICATION REQUIREMENT 18. After a Professional Cleaner has been engaged by the Owner and has completed the requirements of Section 17, an individual or corporation certified by the Canadian Registration Board of Occupational Hygienists or the American Board of Industrial Hygiene must inspect the Residential Premises and provide written certification in the form of Schedule C to the Building Inspector that the requirements of Section 17 have been satisfied and that the Residential Premises are substantially free of any Pesticides or fertilizers and any toxic chemicals, moulds or fungi. OCCUPANCY 19. After a Grow Operation has been removed from Residential Premises and until the remedial measures prescribed by Section 17 of this bylaw have been completed and written certification has been provided to the Director as required by Section 18, the Residential Premises must not be occupied by any person. 20. Before Residential Premises are re-occupied after removal of a Grow Operation, the Owner must notify the prospective occupants in writing that a Grow Operation has been removed and that the requirements of this bylaw have been met. ALTERATIONS 21. If there has been an Alteration to the Residential Premises, the Residential Premises must not be re-occupied after the removal of a Grow Operation until 1) a Building permit has been obtained for any existing Alteration and proposed Alteration work which requires a permit under the City's Building Regulation Bylaw, in force from time to time; 2) the Residential Premises comply with the health and safety requirements of the Building Code (British Columbia), the Electrical Code (British Columbia), this bylaw and all other health and safety requirements established by law; and, 3) the Building Inspector has confirmed that a satisfactory occupancy inspection of the Residential Premises by the City's Building Department has been completed. BYLAW NO. 2005 PAGE 10 FEE 22. The following fees apply under this bylaw: 1) each time an Inspector enters on a Parcel to carry out an inspection in the exercise of authority by the City to regulate, prohibit or impose requirements under this bylaw or another enactment, the Owner must pay the City the administration and inspection fee stipulated in Schedule A; 2) an administration and inspection fee stipulated in Schedule A must be paid to the City before confirmation is provided under Section 21(3); 3) for a special safety inspection, paid prior to inspection, the Owner or occupier must pay the City the fee stipulated in Schedule A; 4) for each inspection prior to issuance of a Re-occupancy Permit, the Owner or occupier must pay the City the Re-occupancy Permit fee stipulated in Schedule A; 5) to obtain a Re-occupancy Permit, the Owner must pay the City the fee stipulated in Schedule A; 6) every owner whose real property is used as a Controlled Substance Property must pay the City all Service Costs incurred by or on behalf of the City. NOTICE AND INSPECTIONS 23. Subject to the Community Charter, an Inspector may enter on real property for the following purposes: 1) to inspect and determine whether all regulations, prohibitions and requirements under this bylaw or other enactments are being met in relation to any manner for which the Council, a municipal officer or employee or a person authorized by the Council has exercised authority under this or another act to regulate, prohibit or impose requirements; 2) to take action authorized under Sections 28 and 29 of this Bylaw; 3) to inspect or to disconnect or remove a water service under Sections 3 or 31 of this bylaw. BYLAW NO. 2005 PAGE 11 24. The Director or a person acting under the direction of the Director may post a notice in the form of Schedule B on any Residential Premises which have been used for a Grow Operation, advising of the regulations in this Bylaw. 25. No person may interfere with an inspection or proposed inspection under Section 23 of this bylaw and no person shall remove or deface any notice posted under Section 24 of this bylaw. OFFENCE AND PENALTY 26. Every person who contravenes any provision of this bylaw commits an offence punishable upon summary conviction and is liable to a fine not exceeding $10,000.00 27. If an offence is a continuing offence, each day that the offence is continued constitutes a separate and distinct offence. DEFAULT 28. If an Owner or occupier of real property fails to comply with a requirement of the City under this bylaw or another enactment, the City, within the time specified in the order or notice may enter the real property and take such action as may be required to correct the default, including to remediate the real property or bring it up to a standard specified in an enactment, at the expense of the Owner or occupier who has failed to comply, and may recover the costs incurred as debt. 29. If the Owner or occupier has failed to pay the City's costs of action in default under Section 28 before the 31st day of December in the year that the correction of the default was effected, the costs will be added to and form party of the taxes payable on the property as taxes in arrears. REMEDIAL ACTION 30. Division 12 of Part 3 of the Community Charter applies. BYLAW NO. 2005 PAGE 12 DISCONTINUANCE OF SERVICE 31. The City may discontinue providing water service to real property if the water is being used for or in relation to a Grow Operation on the real property, subject to the requirements that the City must 1) give the Owner and occupier of the real property 7 days' written notice of an opportunity to make representations to Council with respect to the proposed discontinuance of the water service, and 2) after the persons affected have had an opportunity to make representations to Council, the City must give the Owner and occupier 7 days' written notice of any proposed discontinuance of the water service. SEVERABILITY 32. If any provision of this bylaw is held to be invalid, it shall be severed and the remainder of the bylaw shall remain in effect. ADOPTION 33. That this Bylaw shall come into full force and effect upon the date of final adoption by the Council of the City of Williams Lake. READ A FIRST TIME THIS 17th DAY OF October , 2006 READ A SECOND TIME THIS 17th DAY OF October , 2006 READ A THIRD TIME THIS 17th DAY OF October , 2006 ADOPTED THIS 7th DAY OF November , 2006 __________________________________ MAYOR __________________________________ CORPORATE OFFICER BYLAW NO. 2005 SCHEDULE A FEES 1. The following fees apply under this Bylaw: (1) each time the City enters on a Parcel to inspect, in the exercise of the City's authority to regulate, prohibit or impose requirements under this Bylaw or another enactment, the Owner must pay the City an administration and inspection fee of: (a) $200.00; (b) an additional $200.00 for a subsequent inspection undertaken if the Owner or occupier has failed to undertake action ordered by the Fire Chief, the City or a person authorized under the Bylaw to order the action; (2) before confirmation is provided under Section 21(3) the Owner must pay to the City: (c) $150.00 for an occupancy inspection; (d) $2,500.00 for an inspection with an architect or professional engineer to certify that the subject Building may be occupied under applicable enactments, if the Owner has not first engaged their own architect for that purpose. (3) for a special safety inspection paid prior to inspection $400.00 (4) for each inspection prior to issuance of a Re-occupancy Permit $200.00 (5) to obtain Re-occupancy Permit $250.00 I, SUE MOXEY, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "A" TO BYLAW NO. 2005. ____________________________________ CORPORATE OFFICER BYLAW NO. 2005 SCHEDULE B NOTICE TAKE NOTICE THAT these Residential Premises have been used as a marijuana grow operation [or an amphetamine production operation]. Pursuant to City of Williams Lake "Nuisance, Noxious or Offensive Undertakings, Health and Safety Bylaw No. 2005, 2006", no person may occupy these premises until cleaning and remediation have been completed in accordance with that Bylaw and the Inspector has confirmed that a satisfactory occupancy inspection has been completed. It is an offence to remove or deface this notice. Any inquiries should be directed to the Director at 250-____-______. __________________________________ Inspector City of Williams Lake I, SUE MOXEY, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "B" TO BYLAW NO. 2005. ____________________________________ CORPORATE OFFICER BYLAW NO. 2005 SCHEDULE C CERTIFICATION FORM TO: The City of Williams Lake FROM: [insert name of inspector] RE: Residential Premises located at [insert address] This is to certify that in accordance with Section 17 and 18 of "Nuisance, Noxious or Offensive Undertakings, Health and Safety Bylaw No. 2005, 2006", the professional identified in this certification: (1) meets the certification requirements for an inspector under Section 18 of the Bylaw; and (2) has completed an inspection of the Residential Premises on ___________; and (3) the Residential Premises are free of any Pesticides, fertilizers and toxic chemicals, moulds or fungi. The undersigned professional may be contacted at: [insert business telephone number]. CERTIFIED AS OF _______________________ [insert name of Professional Cleaner] _________________________________________ Authorized Representative I, SUE MOXEY, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "C" TO BYLAW NO. 2005. ____________________________________ CORPORATE OFFICER BYLAW NO. 2005 SCHEDULE D LETTER TO PROPERTY OWNER Re: "Nuisance, Noxious or Offensive Undertakings, Health and Safety Bylaw No. 2005, 2006" This letter is to notify you that the City of Williams Lake's "Nuisance, Noxious or Offensive Undertakings, Health and Safety Bylaw No. 2005, 2006", in force from time to time, establishes regulations concerning the cleaning and remediation of Residential Premises that have been used for marijuana grow operations or amphetamine production. The City has been advised by the Royal Canadian Mounted Police that the Residential Premises at [insert address] were in use as Controlled Substance Property, the apparatus of which has been removed by the police. The Bylaw requires that within 30 days, all carpets and curtains in the premises must be removed or cleaned, any forced air heating ducts in the premises must be cleaned, and all walls and ceilings must be cleaned and disinfected. That work must be carried out by a Professional Cleaner with experience in removing contaminants from Residential Premises. The Professional Cleaner must hold a licence to carry on business in the City of Williams Lake. After the cleaning is completed, a qualified professional must certify that the premises are free from Pesticides, fertilizer, toxic moulds, chemicals and fungus. Until the cleaning and certification have been completed, Section 19 of the Bylaw prohibits occupancy by any person. Before occupancy, you are required to notify prospective occupants that the requirements of the Bylaw have been satisfied. We enclose a copy of the Bylaw for your reference. If you have any questions concerning the regulations in the Bylaw, please call the City's Building Department at 250- ______________. I, SUE MOXEY, CORPORATE OFFICER FOR THE CITY OF WILLIAMS LAKE, DO HEREBY CERTIFY THIS TO BE SCHEDULE "D" TO BYLAW NO. 2005. ____________________________________ CORPORATE OFFICER