BylawsBylaw No. 1009Community standardsIn force
Nuisance (Controlled Substance) Bylaw
People cannot occupy certain properties used for controlled-substance activities until required safety inspections, repairs, cleaning and certifications are complete, fees are paid, and the Building Inspector removes a “Do not occupy” notice. The bylaw also prohibits unsafe alterations and nuisance conditions, and lets the City inspect properties, require corrective work and recover costs from owners or occupiers.
Who it affects: The bylaw applies to owners and occupiers of properties in Langford, and to anyone whose actions or use of a property are covered by its rules.
Key rules
The parts residents most often run into. The PDF is the official text.
- Owners must complete required remediation within fourteen (14) days after the City delivers a section 5.6(b) letter.
- A registered titleholder who inspects a tenancy property and discovers a contravention must notify the Building Inspector within 24 hours.
- A property subject to section 4.2 cannot be used or occupied until section 4.3 requirements are met and the “Do not occupy” order is removed.
- Inspection fees are $500.00 per inspection and $500.00 for a special safety inspection; an additional $500.00 applies to a subsequent inspection after an ordered action is not completed.
- An additional administration and overhead fee of 15% applies to Schedule A items (1) to (6); other service fees are charged at actual cost.
- A bylaw offence carries a fine not exceeding $10,000.00; each day of a continuing offence is a separate offence.
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City of Langford
Nuisance (Controlled Substance) Bylaw 1009
:
City of Langford
Nuisances (Controlled Substance) Bylaw 1009
Table of Contents
Page #
Part 1
Citation ................................................................................................... 1
Part 2
Severability ............................................................................................. 1
Part 3
Definitions ............................................................................................... 2
Part 4
Building, Health, Safety, Nuisance and Noxious Trade Regulations ...... 5
Part 5
Powers of Building Inspector, Fire Chief and Inspectors ........................ 8
Part 6
Duty of registered owner....................................................................... 10
Part 7
City Reliance ........................................................................................ 11
Part 8
Fees...................................................................................................... 12
Part 9
Default .................................................................................................. 12
Part 10
Discontinuance of Service ................................................................. 13
Part 11
Offence and Penalty.......................................................................... 13
Part 12
Schedules ......................................................................................... 14
SCHEDULE A ................................................................................................... 1
SCHEDULE B ................................................................................................... 1
SCHEDULE C ................................................................................................... 1
SCHEDULE D ................................................................................................... 1
:
City of Langford
Nuisance (Controlled Substance) Bylaw 1009
A Bylaw to regulate, prohibit or impose requirements respecting nuisances,
noxious or offensive trades, and health and safety.
WHEREAS the Council of the City of Langford wishes to enact a bylaw to
regulate, prohibit and impose requirements respecting nuisances, noxious or
offensive trades, and health and safety matters;
AND WHEREAS the alteration of plumbing, heating, air conditioning, electrical
wiring and equipment, gas piping and fittings, appliances and accessories in or
on controlled substance properties creates danger to occupiers and neighbours
of controlled substance properties and risks to the health and safety of the
occupiers and neighbours;
AND WHEREAS controlled substance properties that contravene applicable
standards under the Building Code, British Columbia Fire Code, Health Act,
Safety Standards Act or other applicable enactments, including bylaw
requirements of the City, create risks to the health and safety of occupiers, and
reduce the value of neighbouring properties;
NOW THEREFORE, the Council of the City of Langford enacts as follows:
Part 1 Citation
1.1
This Bylaw may be cited as Nuisance (Controlled Substance) Bylaw
No. 1009.
Part 2 Severability
2.1
If a portion of this bylaw is found invalid by a court, it will be severed
and the remainder of the bylaw will remain in effect.
Nuisance (Controlled Substance) Bylaw No. 1009
Page 2 of 14
Part 3 Definitions
3.1
In this bylaw,
“amphetamines” include dextroamphetamines and methamphetamines;
“alteration” means any change made to the structural, mechanical or
electrical components of a building that has not been made with a permit
under the authority of the City’s Building Regulation Bylaw;
“building” means any structure or construction for any use or occupancy;
“Building Code” means the British Columbia Building Code 1998 adopted
by the Minister responsible under the Community Charter, as amended or
reenacted from time to time;
“Building Inspector” means the chief building official 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 substance” means a “controlled substance” as defined or
described in Schedules I, II or III of the Controlled Drugs and Substances
Act, 1996 c. 19, as amended from time to time, but does not include a
controlled substance permitted under that Act;
”controlled substance property” means
(a)
a parcel contaminated by or that contains trace amounts of
chemical or biological materials used in or produced by the trade or
manufacture of a controlled substance,
(b)
a building or structure altered to manufacture, grow, store, sell,
trade or barter a controlled substance, or
(c)
a parcel which has been or is being used for the manufacture,
growing, storage, sale, trade or barter of a controlled substance,
which does not meet applicable standards under the Building Code, British
Columbia Fire Code, Health Act, Safety Standards Act or other applicable
enactments including any bylaw requirements of the City , as amended
from time to time;
”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;
Nuisance (Controlled Substance) Bylaw No. 1009
Page 3 of 14
“Fire Chief” means the person who is appointed to be head of the City’s
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 is as
classified under the Fire Code (British Columbia), as amended from time
to time;
“grow operation” means the cultivation of marijuana plants or mushrooms
that are controlled substances or the production of amphetamines;
“hazardous condition” means:
(a)
any real or potential risk of fire,
(b)
any real or potential risk to the health or safety of persons or
property, or
(c)
any contravention of the Building Code, British Columbia Fire Code,
Health Act , Safety Standards Act or bylaws of the City all as
amended from time to time;
“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 the City’s fire
and rescue service,
(b)
the Building Inspector,
(c)
a peace officer,
(d)
the City Engineer,
(e)
a bylaw enforcement officer,
(f)
the deputy of a person, officer or employee referred in paragraphs
(a) to (e),
(g)
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 lessee, licensee, tenant, caretaker, user or other
occupier of a building or a part of a building, or the agent of the owner;
“parcel” includes any improvement on a parcel;
Nuisance (Controlled Substance) Bylaw No. 1009
Page 4 of 14
”pesticide” means a substance or mixture, including a chemical, used to
destroy, prevent, repel or mitigate fungi or animal pests or microorganisms
such as bacteria or viruses, and includes herbicides, fungicides or other
substances used to control pests, and plant regulators, defoliants or
desiccants;
“professional cleaner” means an individual or corporation experienced and
qualified in removing from buildings contaminants, including pesticides,
fertilizers or chemicals used to manufacture amphetamines or to grow
controlled substances, moulds or fungi, if the removal is required under
sections 6.3 and 6.4, and may include the owner;
“residential premises” means any building or part of a building which may
be occupied lawfully as a dwelling unit by one or more persons;
“service fee” means a fee imposed under Section 8.2 and Schedule A in
respect of all direct and indirect costs incurred by the City in relation to the
inspection, investigation or remediation of a parcel that contains or has
contained a grow operation, and for removal of a grow operation,
materials associated with a grow operation or by-products resulting from a
grow operation, and includes
(a)
administration and overhead associated with the inspection and
removal,
(b)
costs incurred for the lawful dismantling, disassembly, removal,
clean up, transportation, storage, and disposal of equipment,
substances, materials or other paraphernalia associated with the
use, trade, business or manufacture,
(c)
costs incurred to replace consumables used, or to replace
equipment following exposure to contaminants,
(d)
costs incurred for the analysis of the materials found at the property
and the health or safety conditions at the property,
(e)
costs incurred in respect of the property under a contract for
services for an independent contractor or agent, including without
limitation, a professional engineer, a consultant, a person retained
to carry out construction or demolition, a health professional, an
electrical inspector, or a hazardous materials professional,
(f)
costs incurred by the City’s peace officers for the forensic
investigation and inspection of the property, securing of the
property, accompanying inspectors on or in the property, or
otherwise lawfully attending at the property,
Nuisance (Controlled Substance) Bylaw No. 1009
Page 5 of 14
(g)
costs incurred by the City’s fire and rescue service to inspect the
property, take any action under section 5.2, or respond to a fire
caused by
(i)
an alteration made in relation to a grow operation, or
(ii)
the manufacture or growth of a controlled substance,
(h)
costs incurred by the City for cleaning, maintaining or repairing the
City’s sanitary or storm sewers, water mains, roadways, sidewalks
or other City property in relation to impacts of a grow operation;
”special safety inspection” means an inspection coordinated with other
such departments, jurisdictions, and contractors as is necessary to
ascertain hazardous conditions or enactment contraventions that may
exist under the Building Code, Fire Code, Health Act, bylaws of the City or
other enactments, all as amended from time to time,
“structure” means an erection, addition, demolition, excavation or other
construction,
“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,
“utility” means a lawful provider of an electrical, water or natural gas
service from a distribution system to consumers.
Part 4 Building, Health, Safety, Nuisance and Noxious
Trade Regulations
4.1
A person, other than
(a)
a utility, or
(b)
a person to whom a disconnection or bypass permit lawfully
required by the City has been issued,
must not disconnect or bypass a meter installed for the purpose of
ascertaining consumption of electricity, water or natural gas from an
electrical, water or natural gas distribution system.
Nuisance (Controlled Substance) Bylaw No. 1009
Page 6 of 14
4.2
If as a result of the use of a parcel as a controlled substance property:
(a)
the supply of electricity, water or natural gas to the parcel has been
disconnected by the City, a utility, any other lawful authority, or any
person,
(b)
alterations or repairs have been made to a building or to electrical,
water or natural gas systems, equipment, appliances or other
accessories of any kind on the parcel contrary to, or without lawful
authority under, a City bylaw, or;
(c)
a hazardous condition exists on the parcel, then
a person other than a person referred to in section 4.1(a) or (b) must not
reconnect the supply of electricity, water or natural gas and, subject to the
Residential Tenancy Act, a person must not use or occupy the parcel, until
the person has complied with paragraphs (a) to (f) of section 4.3.
4.3
Without limiting section 4.2, a person must not use or occupy a parcel
described in section 4.2 until in respect of the parcel
(a)
a special safety inspection of the parcel coordinated by the Building
Inspector has been carried out under section 5.6,
(b)
the owner has:
(i)
obtained all permits, approvals or authorizations required to
carry out, and
(ii)
has carried out or caused to be carried out, the work
necessary to bring the parcel into compliance with this bylaw
and other applicable bylaws and applicable provincial
enactments, as amended from time to time,
(c)
remedial measures prescribed by section 6.3 of this bylaw have
been completed and written certification has been provided to the
Building Inspector under section 6.4,
(d)
if required under an enactment, including the City’s building bylaw,
the owner has retained a professional engineer holding a valid
licence under the Engineers and Geoscientists Act and the
professional engineer has certified in writing that the building safety
requirements required under applicable enactments have been
complied with,
(e)
the owner has paid all service fees and other fees imposed under
this bylaw and other relevant City bylaws in relation to the
inspection of the property and the issuance of permits, and
Nuisance (Controlled Substance) Bylaw No. 1009
Page 7 of 14
(f)
the Building Inspector has removed the “Do not occupy” order
posted under section 5.1.
4.4
A person must not alter a structure or building in a way that facilitates
the manufacture or growth of a controlled substance or for the purpose
of establishing or operating a grow operation.
4.5
A person must not divert or install exhaust vents for hot water tanks or
furnaces to exhaust into or within a building except by way of an
exhaust vent constructed or installed in compliance with applicable
provincial and City enactments.
4.6
A person must not store dangerous goods in a building in quantities
greater than permitted under the British Columbia Fire Code as
amended from time to time.
4.7
A person must not
(a)
construct or install any obstruction of an exit or an access to an exit
required under the Building Code or other enactment, as amended
from time to time, or
(b)
remove fire stopping provided or required under an enactment, as
amended from to time, to contain the spread of fire within a
building.
4.8
A person must not cause or allow a building to become subject to the
growth of mould or fungus arising from or in relation to a grow
operation in the building.
4.9
A person must not cause, allow or permit
(a)
a nuisance as a result of his or her use of occupancy of a parcel,
(b)
water, rubbish or unsightly matter to collect or accumulate in, on,
under or around a parcel owned, used or occupied by him or her.
4.10 A person must not cause, allow or permit in a building the
manufacture, growing, storage, transfer or disposal of a substance that
emits odours, fumes or particulate matter that disturbs the enjoyment,
comfort or convenience of individuals.
4.11 A person must not
(a)
interfere with or obstruct the Building Inspector or the Fire Chief
from posting a notice referred to in section 5.1; or
(b)
remove, alter, cover or mutilate a notice posted under section 5.1,
Nuisance (Controlled Substance) Bylaw No. 1009
Page 8 of 14
except with the prior written permission of the Building Inspector or Fire
Chief, as applicable.
Part 5 Powers of Building Inspector, Fire Chief and
Inspectors
5.1
If the Building Inspector or Fire Chief has reason to believe that all or
part of a parcel is a controlled substance property, and
(a)
the Fire Chief has ordered every occupier of a controlled substance
property to vacate, or
(b)
Council has ordered every occupier of the controlled substance
property to vacate under the Community Charter,
the Building Inspector or Fire Chief may post a notice in the form of
Schedule D in a conspicuous place at the entrances of the parcel and
deliver to the owner of the parcel a notice that the parcel is unsafe and
that no person may enter or occupy the parcel.
5.2
The Fire Chief may
(a)
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,
(b)
take measures to prevent and suppress fires, including the
demolition of buildings and other structures to prevent the
spreading of fires,
(c)
order the owner of real property to undertake any actions directed
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,
(d)
order every occupier of a controlled substance property to vacate
the property until the “Do not occupy” notice posted by the Fire
Chief under section 5.1 has been removed by the Building
Inspector under this bylaw,
(e)
without limiting paragraphs (a) to (d), exercise the powers of the
Fire Commissioner under section 25(1) to (4) of the Fire Services
Act, and for these purposes that section applies.
Nuisance (Controlled Substance) Bylaw No. 1009
Page 9 of 14
5.3
Subject to the Community Charter, an inspector may enter on real
property to:
(a)
inspect and determine whether all regulations, prohibitions or
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,
(b)
to carry out a special safety inspection under section 5.6,
(c)
take action authorized under sections 9.1 and 9.2 of this Bylaw, or
(d)
inspect or disconnect or remove a water service under section 10.1
of this Bylaw.
5.4
Subject to section 7.2, and the Community Charter, the Building
Inspector or an inspector may attend at the parcel from time to time
during the course of work required by or contemplated under this bylaw
to ascertain that the work required of the owner is taking place and to
monitor the work done by the owner.
5.5
The Building Inspector may on behalf of the City:
(a)
acknowledge receipt of evidence from the owner of completion of
work referred to in section 4.3, 6.3 and 6.4;
(b)
receive the written certification, documents and fees referred to in
section 4.3 and 6.4.
5.6
The Building Inspector may
(a)
coordinate a special safety inspection of the controlled substance
property; and
(b)
deliver to the owner of the parcel a letter in the form of Schedule B.
5.7
When an owner has complied with the requirements listed in
paragraphs (a) to (f) of section 4.3, the Building Inspector must remove
the “Do not occupy” notice posted under section 5.1.
Nuisance (Controlled Substance) Bylaw No. 1009
Page 10 of 14
Part 6 Duty of registered owner
6.1
Every person who is registered in the Land Title Office as the title
holder of a parcel that contains premises, a building or a structure that
is subject to a tenancy agreement made after the enactment of this
bylaw who has inspected the premises at a time when there is a
contravention of this bylaw, in relation to the premises, building or
structure, 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.
6.2
Every owner or occupier of real property must undertake any action
directed by 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.
6.3
If a building has been used for a grow operation or for clandestine lab
purposes, the owner of the building must, within fourteen (14) days
after delivery by the City of a letter under section 5.6(b), subject to the
Residential Tenancy Act:
(a)
Engage a Certified Industrial Hygienist with experience in mould or
methamphetamine remediation to develop a remediation plan and
oversee professional clean up of the premise(s) utilizing current
remediation guidelines specific to the conditions found,
(b)
Remove and clean or dispose of all carpets and curtains in the
building,
(c)
if the building is heated by forced air heating, have the furnace, all
air ducts, main distribution ducts, venting, and filtering cleaned by a
professional cleaner or by a duct cleaning company, and
(d)
have all walls, floors and ceilings in the building replaced or
cleaned and disinfected by a professional cleaner.
6.4
After a professional cleaner has completed requirements of section 6.3
an individual or corporation certified by the Canadian Registration
Board of Occupational Hygienists or the American Board of Industrial
Hygiene must inspect the building and provide written certification in
the form of Schedule C to the Building Inspector that the requirements
Nuisance (Controlled Substance) Bylaw No. 1009
Page 11 of 14
of section 6.3 have been satisfied and the building is substantially free
of biological or chemical contamination residuals above typical
residential levels prior to occupancy.
6.5
Before a building is 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.
6.6
Neither the removal of a “Do not occupy” order posted under section
5.1 nor the issuance of a building permit under this bylaw nor the
acceptance or review of plans, drawings or specifications or supporting
documents, or any inspections made by or on behalf of the City, will in
any way relieve the owner from full and sole responsibility to perform
work required or contemplated under this bylaw or the Building Code
and all other applicable codes, standards and as amended from time to
time.
6.7
It is the full and sole responsibility of the owner (and where the owner
is acting through a representative, the representative) to carry out the
work in respect of which a permit was issued or which is required prior
to removal of a “Do not occupy” order posted under section 5.1 in
compliance with this bylaw and all other applicable codes, standards
and enactments, including the Building Code, as amended from time to
time.
Part 7 City Reliance
7.1
Neither the issuance of a building permit nor a removal of a “Do not
occupy” order posted under section 5.1 under this bylaw nor the
acceptance or review of plans, drawings or specifications or supporting
documents nor any inspections made by or on behalf of the City
constitute in any way a representation, warranty, assurance or
statement that the Building Code, this bylaw or any other applicable
codes standards or enactments have been complied with.
7.2
When a professional engineer, architect or other person provides
certification or other documentation to the City under this bylaw that
the work required by or contemplated by this bylaw substantially
conforms to the requirements of this bylaw and that the building
complies with the health and safety requirements of the Building Code,
BC Electrical Code, this bylaw and all other health and safety
requirements established by applicable enactments as amended from
time to time and as applicable, the City will rely solely on the
documentation as evidence of conformity with these requirements and
Nuisance (Controlled Substance) Bylaw No. 1009
Page 12 of 14
not on its receipt of plans, monitoring of the work, acknowledgement of
completion, or removal of a “Do Not Occupy” notice under section 5.7.
Fees
7.3
The following fees apply under this bylaw:
(a)
each time one or more Inspectors 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, or to attend at the parcel under sections 5.3, 5.4 or 5.6,
the owner must pay the City the administration and inspection fee
stipulated in Schedule A;
(b)
for a special safety inspection, the owner or occupier must prior to
inspection pay the City the fee stipulated in Schedule A.
7.4
Without limiting section 8.1, every owner whose parcel is used as a
controlled substance property must pay the City all service fees
incurred by or on behalf of the City in respect of the parcel.
7.5
Despite section 8.2, if any owner inspects and reports a contravention
under section 6.1(b)(i) of this bylaw, service fees arising in respect of
the contravention are waived in respect of that incident, unless the
owner discovers the contravention after a peace officer discovers the
contravention.
Part 8
Default
8.1
If an owner of a parcel fails to comply with a requirement of the City
under this bylaw or another enactment, the City, by its officers,
employees or agents within the time specified in the Order or notice,
may enter on the parcel and take such action as may be required to
correct the default, including to remediate the parcel 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.
8.2
If the owner has failed to pay the City’s costs of acting in default under
section 8.1 before the 31st day of December in the year that the
correction of the default was effected, the costs must be added to and
form part of the taxable payable on the property as taxes in arrears.
Nuisance (Controlled Substance) Bylaw No. 1009
Page 13 of 14
Part 9
Discontinuance of Service
9.1
The City may direct water and electrical suppliers to discontinue
providing water and electrical service to a parcel if the water and/or
electricity is being used for or in relation to a grow operation on the
parcel, subject to the requirements that the City must:
(a)
give the owner 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 electrical service,
and
(b)
after the persons affected have had an opportunity to make
representations to Council, the City must give the owner 7 days
written notice of any proposed discontinuance of the water service
and electrical service.
Part 10
Offence and Penalty
10.1 Every person who contravenes any provisions of this bylaw commits
an offence punishable upon summary conviction and is liable to a fine
not exceeding $10,000.00.
10.2 If an offence is a continuing offence, each day that the offence is
continued constitutes a separate and distinct offence.
Nuisance (Controlled Substance) Bylaw No. 1009
Page 14 of 14
Schedules
Schedule A - Fees
Schedule B - Letter to property owner
Schedule C - Certification Form
Schedule D - Notice
READ A FIRST TIME this
17th day of July, 2006.
READ A SECOND TIME this 17th day of July, 2006.
READ A THIRD TIME this
15th
day of January, 2007.
DEPOSITED with the Minister of Health this 16th day of October, 2006.
NOTICE GIVEN UNDER Section 59 of the Community Charter this 8th day of
February, 2007.
ADOPTED by the Council of the City of Langford this 5th day of March, 2007.
Mayor
Clerk Administrator
:
SCHEDULE A
Fees
1.
Inspection
Each time the City by its officers, employees, peace officers, or agents 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 or to attend at the
parcel under section 5.4, the owner must pay the City a fee of:
(a)
$500.00 per inspection;
(b)
an additional $500.00 for a subsequent inspection undertaken if the
owner or occupier has failed to undertake action ordered by the Fire
Chief, the Council or a person authorized under the bylaw to order
the action;
(c)
$500.00 for a special safety inspection with inspectors.
2.
Fire Services
(a)
Engines
$600.00 per hour, per engine
(b)
Quint Devices
$1,315.00 per hour, per device
(c)
Rescue Vehicles
$540.00 per hour, per vehicle
(d)
Special Operations Trailers
$360.00 per hour, per trailer
(e)
Duty Chiefs and Vehicles
$180.00 per hour, per vehicle
3,
Police (RCMP
(a)
Police Officer (RCMP) Services
(i)
Dismantling
Regular Hours
$52.00 per hour, per member
1.5 Overtime
$78.00 per hour, per member
2.0 Overtime
$104.00 per hour, per member
Nuisance (Controlled Substance) Bylaw No. 1009
Schedule A
Page 2 of 2
(ii)
Drug Disposal
Regular Hours
$52.00 per hour, per member
1.5 Overtime
$78.00 per hour, per member
2.0 Overtime
$104.00 per hour, per member
(b)
Police (RCMP) Exhibit Custodian
(i)
Drug Disposal
Regular Hours
$28.00 per hour, per member
Overtime Hours
$56.00 per hour, per member
(ii)
Equipment Disposal
Regular Hours
$28.00 per hour, per member
Overtime Hours
$56.00 per hour, per member
4.
Building Inspector
Regular Hours
$54.00 per hour, per inspector
Call Out
$430.00 per hour, per inspector
5.
Bylaw Officer
Regular Hours
$43.00 per hour, per officer
Call Out
$345.00 per call out, per officer
6.
Other Service Fees
The actual cost of any other service fees incurred.
7.
Administration and Overhead Fee
An additional administration and overhead fee of 15% of items (1) to (6).
:
SCHEDULE B
LETTER TO PROPERTY OWNER
Re: Nuisance, (Controlled Substance) Bylaw No. 1009
This letter is to notify you that the City of Langford’s “Nuisance (Controlled
Substance) Bylaw No. 1009 establishes regulations concerning the cleaning and
remediation of residential premises that have been used for marijuana grow
operations or amphetamine production.
The City is aware that residential premises at {insert address} were in use as a
marijuana grow operation {or amphetamine production operation} which has now
been removed by the police.
The bylaw requires that within 14 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. Specifically, you must:
(a)
Engage a Certified Industrial Hygienist with experience in mould or
methamphetamine remediation to develop a remediation plan and oversee
professional clean up of the premise(s) utilizing current remediation
guidelines specific to the conditions found,
(b)
if the building is heated by forced air heating, have the furnace, all air
ducts, main distribution ducts, venting, and filtering cleaned by a
professional cleaner or by a duct cleaning company, and
(c)
have all walls, floors and ceilings in the building replaced or cleaned and
disinfected by a professional cleaner.
After the cleaning is completed, a qualified professional must inspect the building
and provide written certification in the form of Schedule C to the Building
Inspector that the requirements of section 6.3 of the Bylaw have been satisfied
and the building is substantially free of biological or chemical contamination
residuals above typical residential levels prior to occupancy.
Until the cleaning and certification have been completed, section 4.3 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.
Nuisance (Controlled Substance) Bylaw No. 1009
Schedule B
Page 2 of 2
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)474-6692.
:
SCHEDULE C
Certification Form
TO:
The City of Langford
FROM:
[insert name of professional cleaner{]
RE:
residential premises located at [insert address]
This is to certify that in accordance with “Nuisance (Controlled Substance) Bylaw
No. 1009 the professional identified in this certification:
(1) Meets the certification requirements for an inspector under section 6.3
of the Bylaw; and
(2) Has completed an inspection of the residential premises on
_________________; and
(3) The residential premises are substantially free of any pesticides,
fertilizers and toxic chemicals, moulds or fungi, in accordance with
United States Standard S-500.
The undersigned professional may be contacted at :[ insert business telephone
number].
CERTIFIED AS OF ________________________[insert date]
[Insert Name of professional cleaner]
__________________________
Authorized Representative
:
SCHEDULE D
Notice
TAKE NOTICE THAT these premises have been used as a controlled substance
operation.
Pursuant to City of Langford “Nuisance (Controlled Substance) Bylaw No. 1009,
no person may occupy these premises until cleaning and remediation have been
completed in accordance with that bylaw and the Building 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 [insert name and telephone number of
appropriate City official.]
__________________________
[insert title]
City of ___________