Capital Regional District Unsightly Premises By-law No. 1887 (attachment)

BY-LAW NO. 1887

A BY-LAW TO PROHIBIT UNSIGHTLY PREMISES WITHIN THE LIMITS OF THE ELECTORAL AREAS OF LANGFORD, SOOKE, SALT SPRING ISLAND AND THE OUTER GULF ISLANDS OF THE CAPITAL REGIONAL DISTRICT

The Board of the Capital Regional District in open meeting assembled pursuant to Section 932(g), (h) and (h.1) of the Municipal Act enacts as follows:

Definitions

1. Definitions

In this by-law:

• "BOARD" means the Board of the Capital Regional District;
• "FILTH, DISCARDED MATERIALS OR RUBBISH" includes any and all manner of garbage; discarded or disused materials; filth; noxious, offensive or unwholesome matters; unused or stripped automobiles, trucks, trailers, boats, vessels, machinery, mechanical or metal parts; bottles; glass;
• "GRAFFITI" means drawing, printing or writing scratched, sprayed, painted or scribbled on a wall or other surface, but does not include a sign for which a permit has been issued by the Capital Regional District;
• "HIGHWAY" has the same meaning as in the Municipal Act;
• "BY-LAW ENFORCEMENT OFFICER" means a person appointed by the Board to administer this by-law;
• "OCCUPIER" has the same meaning as in the Municipal Act;
• "OPEN PLACE" means a highway or any premises other than the inside of buildings or structures;
• "OWNER" has the same meaning as in the Municipal Act;
• "PREMISES" means any lot, block or other area in which land is held or into which it is subdivided;
• "REGIONAL DISTRICT" means the Capital Regional District;

2. Prohibitions

(1) No Owner or Occupier of Real Property shall cause or permit water, filth, discarded materials or rubbish to collect or accumulate around his premises;

(2) No person shall deposit or throw bottles, broken glass or other rubbish in any open place;

(3) No Owner or Occupier of Real Property shall allow the real property to become or to remain unsightly;

(4) No person shall place graffiti on walls, fences or elsewhere on or adjacent to a public place.

3. Requirements

Owners or Occupiers of Real Property, or their agents, shall remove from it any unsightly accumulation of filth, discarded materials, rubbish or graffiti. Removal is to be done at a reasonable time and in a reasonable manner.

4. Remedial

In default of the Owner or Occupier of Real Property removing from the Real Property any unsightly accumulation of filth, discarded materials, rubbish or graffiti, the Regional District, by its employees and others, may enter and effect the removal or clearance at the expense of the owner or occupier defaulting and the charges for doing so, if unpaid on December 31st in any year, shall be added to and form part of the taxes payable on that Real Property as taxes in arrears.

5. Inspection

Every By-law Enforcement Officer is hereby authorized to enter upon any lands and premises in the Regional District at all reasonable times to ascertain whether this by-law is being observed.

6. Offence and Fine

A person who contravenes this by-law by doing an act that it forbids, or by omitting to do an act that it requires to be done, commits an offence and is liable to a fine of not less than $100 and not more than that prescribed in the Offence Act and for a second or subsequent offence to the penalties prescribed by the Offence Act.

7. Repeal

By-law Nos. 285, 1082 and 1710 are hereby repealed.

8. Citation

This by-law may be cited for all purposes as "Unsightly Premises By-law No. 1, 1991".

READ A FIRST TIME THIS 12th day of June 1991

READ A SECOND TIME THIS 12th day of June 1991

READ A THIRD TIME THIS 12th day of June 1991

APPROVED BY THE MINISTER OF MUNICIPAL AFFAIRS, RECREATION AND CULTURE THIS 15th day of May 1992

RECONSIDERED AND FINALLY ADOPTED THIS 27th day of May 1992

CHAIRPERSON

SECRETARY