CITY OF QUESNEL NUISANCE BYLAW NO. 1456 OF 2001 ...

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2.6 ENFORCEMENT OFFICER means any member of the Royal Canadian. Mounted Police, Bylaw Enforcement Officer or any person
CITY OF QUESNEL NUISANCE BYLAW NO. 1456 OF 2001* Consolidated: June 1, 2015 CONSOLIDATED FOR CONVENIENCE ONLY CONSOLIDATED FOR CONVENIENCE TO INCLUDE: City of Quesnel Nuisance Bylaw Amendment Bylaw No. 1553 of 2003 City of Quesnel Nuisance Bylaw Amendment Bylaw No. 1757 of 2015 *This bylaw is a “consolidated” version and includes amendments up to the date listed in the bylaw heading. It is placed on the Internet for convenience only, is not the official or legal version, and should not be used in place of certified copies which can be obtained through the Deputy Corporate Administrator at City Hall. Plan, pictures, other graphics or text in the legal version may be missing or altered in this electronic version.

THE CITY OF QUESNEL BYLAW NO. 1456

A bylaw to prohibit nuisances and unsightly premises within the City of Quesnel

WHEREAS the Council is authorized to prevent, abate and prohibit nuisances and provide for the recovery of the cost of abatement of such nuisances; WHEREAS the Council is authorized to prohibit persons from causing or permitting unsightliness on real property within the City of Quesnel and provide for the recovery of the cost of abatement of such unsightliness; NOW THEREFORE the Council of the City of Quesnel, in open meeting assembled, enacts as follows:

1.

This bylaw may be cited for all purposes as the “City of Quesnel Nuisance Bylaw No. 1456 of 2001”.

2.

DEFINITIONS In this bylaw: 2.1

CITY means the City of Quesnel.

2.2

COUNCIL means the elected Council of the City.

2.3

DIRECTOR means the person appointed by Council that is responsible for the administration of this bylaw.

2.4

GRAFFITI means an unauthorized inscription, drawing, writing, pictorial representation, message, slogan, symbol or mark made on a wall, fence or other surface by means of paint, chalk, ink, or other substance, or by chisel, hammer, stone or other device.

2.5

NUISANCE means any act or omission which obstructs or causes inconvenience to or endangers the public or a segment of the public in its exercise of public rights.

2.6

ENFORCEMENT OFFICER means any member of the Royal Canadian Mounted Police, Bylaw Enforcement Officer or any person appointed by Council to enforce this bylaw.

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2.7

SECOND OFFENCE means an offence under this bylaw committed by the same person at the same real property within 12 months of the committing of an offence under this bylaw by that same person.

2.8

SUBSEQUENT OFFENCE means an offence under this bylaw committed by the same person at the same real property within 12 months of the committing of a second offence.

2.9

UNSIGHTLY or UNSIGHTLINESS includes but is not limited to: 2.9.1 The accumulation of filth, discarded material, garbage, rubbish of any kind, including but not limited to ashes, dead animals, paper, cardboard, tin cans, leaves, wood, bedding, crockery, glass, bags and appliances;

Bylaw 1767 added Section 2.9.2

2.9.2 The accumulation or excess growth of grasses, bushes, trees, noxious weeds or other plants; (a) Noxious Weeds include those plant species identified as alien invasive species under the “Community Charter Spheres of Concurrent Jurisdiction – Environment and Wildlife Regulation.” 2.9.3 The accumulation of construction material which is located outside of any building or structure except when there is an active and issued building permit for the real property, or the premises is used by a construction supply store which is licensed under the current Business License Bylaw; 2.9.4 The storage, cleaning, repairing, or servicing of vehicles, hauling or construction equipment, except where such activity is taking place entirely within a building designed for such purpose, or on the premises of a business licensed for such purpose under the Business License Bylaw of the City of Quesnel; 2.9.5 Graffiti; 2.9.6 Wrecked motor vehicles. 2.10

WATERWAY means any water pipe, ditch, drain or sewer within the City, whether or not it is situated on private property.

2.11

WRECKED MOTOR VEHICLE means: 2.11.1 A motor vehicle that is physically wrecked, disabled or dismantled so it cannot be operated by its own mode of power;

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2.11.2 Parts of a physically wrecked, disabled, or dismantled vehicle; or

motor

2.11.3 A motor vehicle that is not registered and licensed in accordance with the current Provincial Motor Vehicle Act and its amendments. 3.

GENERAL PROVISIONS 3.1

No owner or occupier of real property shall permit or allow any nuisance on that real property or emanating from that real property to remain unabated.

3.2

No owner or occupier of real property shall permit or cause that real property to become or remain unsightly.

3.3

No person shall deposit or throw bottles, broken glass, grass or vegetation clippings, snow, animal droppings, or other garbage on a highway or any public place.

3.4

No person shall foul, obstruct or impede, or permit the fouling, obstructing or impeding of the flow of any waterway within the City.

3.5

No owner or occupier of real property shall foul or contaminate the atmosphere through emission of smoke, dust, gas sparks, ash, soot, cinders, fumes or other effluvia, or permit the fouling or contaminating of the atmosphere by such substances. 3.5.1 Owners or occupiers of real property who have obtained permission from the Ministry of Environment to release emissions into the atmosphere are exempted from section 3.5.

Bylaw 1553 added Section 3.6

3.6

No person shall stamp, paint, post, glue, nail, spray, tape, staple, affix or otherwise place any placard, bill, poster, notice or advertisement in any public place, other than stapling, taping or posting them within the wooden borders of the City information kiosks constructed or placed by the City in public places for the purposes of posting such notices. This prohibition will extend, without limiting the generality, to the placement of any notice, paper or sign to a structure, bench, container, tree, lamp standard, utility pole, rock, ledge, natural feature or painted upon or otherwise directly affixed to any such item. The above prohibition will also extend to the placement of any notice on any area of the information kiosks other than using permitted temporary affixing measures within the central posting area, and any posting, by any method, of notices along the wooden frame or supporting structure of the information kiosks will be considered a

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prohibited posting and be subject to the penalties listed within Bylaw No. 1456 and its amendments. 4.

NOTICE TO OWNER OR OCCUPIER 4.1

Pursuant to Council procedures in this matter, an Enforcement Officer may issue written notice to the owner or occupier of the real property to remove, clean or otherwise tidy the unsightliness within 14 days of the issuance of the written notice.

4.2

The Director may issue written notice to the owner or occupier of the real property to remove, within 48 hours of the issuance of the written notice, any trees or materials which, as a result of a recent placement or shift in position, constitute a nuisance.

4.3

If the owner or occupier of the real property does not comply with the written notice issued under section 4.1 or 4.2, the Director may authorize the issuance of a ticket and/or authorize the employees of the City or other persons to enter upon the real property to give effect to the written notice at the expense of the owner.

Bylaw 1767 added Section 4.3.1

4.3.1 Should the action described under section 4.3 occur, the owner shall be liable for the costs of remediation and an administrative fee of $250.00, in addition to an applicable fine. 4.4

The person named in the written notice issued under section 4.1, or the owner of the real property, may appeal the written notice to the Council within 7 days of the issuance of the written notice. 4.4.1 Upon appeal, Council may confirm, amend or rescind the written notice.

5.

4.5

The Director shall, upon default of the person named in the written notice, demand payment costs incurred by the City in performing or causing to be performed any obligations under the written notice by issuing an invoice in the amount of the costs to the person named in the written notice.

4.6

If the person named in the written notice, or the owner, does not pay the charges incurred by the City for giving effect to the written notice on or before December 31 of the year in which the charges were incurred, the charges shall be added and form part of the taxes payable in respect of that real property as taxes in arrears.

AUTHORIZATION

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6.

5.1

An Enforcement Officer is authorized to enforce this bylaw, to serve a person with documents pertaining to this bylaw, and to enter, at all times, any day of the week, upon any property within the City to ascertain whether there is compliance with the provisions of this bylaw.

5.2

The Director may prescribe any form, notice, ticket or other administrative requisite required under this bylaw.

PENALTY 6.1

A person is guilty of an offence against this bylaw if the person: 6.1.1 violates any provisions of this bylaw; 6.1.2 causes or permits any act or thing to be done in contravention or violation of any provisions of this bylaw; 6.1.3 neglects or omits to do anything required under this bylaw.

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6.2

Each day’s continuance of an offence under section 6.1 constitutes a new and distinct offence.

6.3

Every person who commits an offence under this bylaw, is liable, on summary conviction to a penalty not less than the amount set out in Schedule “A” of this bylaw but not exceeding a maximum of two thousand dollars ($2,000) plus the costs of prosecution.

SEVERABILITY 7.1

8.

If any portion of this bylaw is held to be invalid by a court of competent jurisdiction, the invalid portion shall be severed and the remainder of the bylaw shall be deemed to have been enacted without the invalid portion.

REPEAL 8.1

The City of Quesnel Nuisance Abatement Bylaw No. 1082 of 1979 and its amendments are hereby repealed.

READ A FIRST TIME this 16th day of July, 2001.

READ A SECOND TIME this 16th day of July, 2001.

READ A THIRD TIME this 16th day of July, 2001.

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FINALLY PASSED AND ADOPTED this 30th day of July, 2001.

***** ________________________________________ Mayor ***** ________________________________________ Corporate Officer

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Bylaw 1767 replaced Schedule “A” as follows:

Schedule “A” of Bylaw No. 1456 Minimum Penalties The minimum penalties provided under section 6 of this bylaw are outlined in the following table:

Section

Category of Offence

First Offence

Second Offence

Subsequent Offence(s)

3.1

Owner permitting a nuisance

$75

$100

$200

3.2

Unsightly premises

$75

$100

$200

3.3

Depositing rubbish

$75

$100

$200

3.4

Fouling a waterway

$75

$100

$200

3.5

Fouling the air

$75

$100

$200

3.6

Affixing a sign/advertisement on public/private places

$100

$150

$200

3.7

Permitting the growth of Noxious Weeds

$75

$100

$200

4.3

Failure to comply with written notice

$75

$100

$200