1645, 2003 nuisance bylaw 0

CITY OF FORT ST. JOHN 'fÉ¡ I:f,ôn+¡r l:¡f

NUISANCE BYLA\il NO. 1645, 2003

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A Bylaw to Provide for the Regulation of Miscellaneous Nuisances

THEREFORE, the Council of the City of Fort St. John in open meeting assembled, pursuant to Section 727 of the Local Government Act enacts as follows:

1.

Citation This bylaw may be cited for all purposes as Nuisance Bylaw No. 1645, 2003.

2

DefïnitÍons In this bylaw:

"Bylaw Enforcement Technician" means any person or persons appointed by the City to enforce certain bylaws of the City of Fort St. John.

"Council" means the City Council of the City of Fort St. John.

"Director of Protective Services" means the person appointed by Council as the Director of Protective Services.

"Order" written notification provided to the registered owner of the property in question sent by registered mail detailing the remedial work required.

"Nuisance" includes, but is not limited to the following: Ð

b)

c)

the accumulation of building material on any property other than premises licensed under the Business Licence Bylaw, unless the owner or occupier of the property is in possession of a valid Building Pemit or unless the accumulation is stored in a covered building. the storage or accumulation of all or part of any motor vehicle which is not: Ð validly registered and licensed in accordance with the Motor Vehicle Act, or ii) capable of movement under its own power, unless stored in a covered building, or any building, structure or erection of any kind, or a drain, ditch, watercourse, pond, surface water or other matter or thing, in or on private land or a highway, or in or about a building or structure,

CITY OF FORT ST. JOHN NUISANCE BYLAW NO. 1645,2OO3

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Definitions (continued) In this bylaw:

"Nuisance" includes, but is not limited to the following c) d)

3.

Declaration and Notification of Nuisance Property

Ă?

b)

4.

that the Council believes is so dilapidated or unclean as to be offensive to the community. any property where the demolition of any building or structure has taken place and the debris and material has not been discarded or has been retained on site or any basement or other excavation that has not been filled in or covered over to lot grade level.

Council may declare, by resolution, any building, structure, or erection of any kind, or a drain, ditch, watercourse, pond, surface water or other matter or thing, in or on private land or a highway, or in or about a building or structure, in or on private land or a highway, or in or about a building or structure, a nuisance, and may direct and order that it be removed, pulled down, filled up, or otherwise dealt with by its owner, agent, lessee, or occupier within 30 days after the order has been served.

Notification indicated in Section 3(a) will have been fulfilled if one or more of the following is completed: i) Service of the order by retum registered mail to the owner of the land upon which the nuisance exists and to all other persons whose names appear on the records of the Land Title Office as having an interest in the land, and to the agent of the registered owner, if known, and to the lessee and occupier of the land, the notice is to be sent to the last known address of each interested person referred to in this section, or ii) Service of the order being hand delivered to the registered owner of the property by the Director of Protective Services, Bylaw Enforcement Technician or his/her designate, or iiĂ? A notice posted on the nuisance properfy for two weeks.

Enforcement

a)

Council may further order that, in case of default by the owner, agent, lessee or occupier to comply with the order within 60 days from the date of the mailing of the notice to the owner, the City of Fort St. John, by its employees and others, may enter and commence the removal, pulling down, frlling up, or other dealings at the expense of the person defaulting

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CITY OF FORT ST. JOHN NUISANCE BYLAW NO. 1645,2OO3

4.

Enforcement (continued) a)

b)

c)

5.

and may further order that the charges for so doing, including all incidental expenses, if unpaid on December 31 in aĂŽy yeat, shall be added to form part of the taxes payable on that land or real property as taxes in

affears.

Where the nuisance so declared in a building, structure, or erection, the Council may, after the expiration of 60 days from the date of the mailing of the notice to the owner under Section 3(a) and after the expiration of the period named in the otder, sell by auction or by public or private tender, or otherwise dispose of the building, structure, or erection so ordered to be dealt with, or any part or material in it. From the proceeds of the sale or disposal, there shall be deducted for the use of the City of Fort St. John the actual costs, including incidental expenses, incurred by the City of Fort St. John in carrying out the order, and the remainder of the proceeds shall be paid by the City of Fort St. John to the owner or other person lawfully entitled.

The sample notification order is attached to and forms parl of this bylaw as Schedule A.

Violation and Penalty Any person who: violates or does any act which violates any provision of this bylaw, i. ii. suffers or permits any act to be done in violation or contravention of any of the provisions of this bylaw, or iii. neglects or refrains from doing anything required to be done by any of the provisions of this bylaw, iv. obstructs or seeks or attempts to prevent or obstruct a person who is involved in the execution of duties under this bylaw, is deemed to have committed an infraction of, or an offence against this bylaw and is liable to summary conviction to the penalties provided for in the Offence Act and each day that such violation is caused or allowed to continue, constitutes a separate offence.

6.

Severability

Ifany section, subsection,

clause, sub-clause or phrase

ofthis bylaw is for any

reason held to be invalid by the decision of any Court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this bylaw

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CITY OF'FORT ST. JOTIN IYUISAIICE BYLAW NO. 1645, 2OO3

READ FOR A FIRST TIME TIIIS READ FOR A SECOND TIME THIS READ FOR A TH.IRD TIME THIS

ADOPTED THIS

DAY

4

OF

June.

CITY OX'X'ORT ST. JOIIN NUISANCE BYLÄ\il NO. 1645,2OO3