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Central Coast
Regional District

Bylaw 45 Untidy & Unsightly Premises Regulation Establishment

Central Coast Regional District

Bylaw No. 45


Being a bylaw to prohibit Untidy and Unsightly Premises within Electoral Areas C, D, and E of the Central Coast Regional District.


Where as Supplementary Letters Patent dated July 24, 198 of the Central Coast Regional District authorize the Regional Board of the said Regional District to exercise the powers set out in Sections 932(b); (g) and (h) of the Municipal Act, RSBC 1979, and

Where as clause (g) of Section 932 of the said Act states that the Regional Board may, by bylaw, prohibit persons from causing or permitting water, rubbish or noxious, offensive or unwholesome matter to collect or accumulate around their premises, or from depositing or throwing bottled, broken glass or other rubbish in any open place; and

Where as clause (h) of Section 932 of said Act states that the Regional Board may, by bylaw prohibit the owners or occupiers of real property from allowing property to become or to remain untidy or unsightly, and require the owners or occupiers of real property or their agents, to remove from it any accumulation of filth, discarded materials, or rubbish of any kind; and may provide that in default of the removal, the Regional Board, by its employees and others, may enter and effect the removal, at the expense of the person defaulting and that the charges for doing so if unpaid on December 1 in any year, shall be added to and form part of the taxes payable on that real property, as taxes in arrears; and

Where as clause (b) of Section 932 of the said Act states that the Regional Board may by bylaw prevent, abate and prohibit nuisances from the person causing the nuisance or other persons described in the bylaw; and

Where as the regional Board does not wish to interfere with traditional farming operations; and

Where as it is deemed advisable and expedient that, for the protection of property owners generally in Electoral Areas C, D, and E of the Central Coast Regional District, such powers be exercised and sufficient regulatory measures be enacted.

Now therefore the Regional Board of the Central Coast Regional District, in open meeting assembled, enacts as follows:

1.  This bylaw shall apply to Electoral Areas c, D and E of the Central Coast Regional District.

        
                      I. Interpretation

2.  In this bylaw, unless the context otherwise requires:

"Inspector" shall mean an inspector appointed by the Regional Board for the purposes of enforcing this bylaw.

"Occupier" shall have the meaning given to it by the Municipal Act.

"Owner" shall have the meaning giving to it by the Municipal Act.

"Electoral Areas C, D and E," shall be and mean Electoral Areas C, D and E, as described by Letters Patent and amendments there to of the Cental Coast Regional District.

"Regional board" shall have the meaning given to it by the Municipal Act.

"Real Property" shall have the meaning given to it by the Municipal Act.

"Person" shall mean and include any corporation, partnership or party and the heirs, executors, administrators or other legal representatives of such person to whom the context can apply according to law.

"Rubbish" shall mean all discarded and/or broken items, and without restricting the generality of the foregoing shall include paper and wood products no longer in use.

"Unsightly" shall have its common dictionary meaning.

"Untidy" shall have its common dictionary meaning.

"Untidy to unsightly" shall be used in the context of the common dictionary meanings but without restricting the generality of the same, shall include the storage or accumulation of rubbish as defined.


                        II.Regulation

3.  Untidy or Unsightly Premises:

    a) No person being an owner or occupier of real property within Electoral Ares C, D and E of the Central Coast Regional District, shall allow such property to become or to remain untidy or unsightly.

    b) All owners and occupiers of real property within Electoral Areas C,D and E of the Regional District are hereby required, when such property is in an untidy or unsightly condition to remove therefrom all rubbish.

                         III. Enforcement

4.   The Inspector is hereby authorized to enter, at all reasonable times, upon any real property within Electoral Areas C, D and E for the purpose of inspecting the said property in order to ascertain whether or not the said property, the subject of the complaint.

5.   Complaints regarding real property in an untidy or unsightly condition shall be made in writing to the Inspector who shall without undue delay, inspect the real property, the subject of the complaint.


6.   Should the owner or occupier of real property fail to remove from their real property all rubbish of any kind after being given thirty (30) days notice to remove the same, the Regional District by its employees and others may enter upon such real property and effect removal of such rubbish at the expense of the owner or occupier so defaulting and the charges for doing so, if unpaid on December 31 of that year in which the rubbish is removed, shall be added to and form part of the taxes payable in respect of the real property as taxes in arrear.

7.   Any notice required to be given under section 6 shall be validly given if delivered personally to such owner or occupier or mailed by prepaid, registered mail and addressed to such owner or occupier in care of the ordinary postal address for such real property or to the address for such owner or occupier as set out in the last revised asssessment roll.


8.   Not with standing section 6 of this bylaw, where the Regional Board has given notice under section 7 of this bylaw, the owner or occupier receiving such notice shall have the right, within ten(10)days to appeal in writing to the Regional Board of the Central Coast Regional District and such owner or occupier shall be entitled to appear before the Board and to present evidence and call witnesses and on the conclusion of the appearance, the Regional Board may rescind, vary or confirm the notice.

                 IV. Exemption of Farm Operations

9.   Notwithstanding the other provisions of this bylaw, ll discharges of plant and animal waste emanating from traditional farming operations which are managed and applied in a reasonable manner as organic fertilizers to promote crop production and the accumulation of materials and equipment required for traditional farming operations are exempt from the provisions of this bylaw.


10.  This bylaw may be cited for all purposes as "Bella Cool Valley Prohibition of Untidy or Unsightly Premises Bylaw No. 45, 1981".



READ A FIRST TIME THIS 24TH DAY OF OCTOBER, 1981

READ A SECOND TIME THIS 24TH DY OF OCTOBER, 1981

READ A THIRD TIME THIS 24TH DAY OF OCTOBER, 1981


SYNOPSIS OF BYLAW ADVERTISED ON THE 24TH DAY OF NOVEMBER 1981 IN THE TRIBUNE


RECONSIDERED, FINALLY PASSED AND ADOPTED THIS 14TH DAY OF APRIL 1982.
I HERE
ORIGINALLY SIGNED BY TONY NORTON
ChairMan
                  
Originally signed by Laurie Sissons
Secretary-Treasurer
                                  
I hereby certify that the foregoing is a true and correct copy of bylaw No. 45, cited as "Bella Coola Valley Prohibition of Untidy or Unsightly Premises bylaw No. 45, 1981", as read a third time by the Regional Board on October 24,1981

Originally signed by Laurie Sissons
SECRETARY-TREASURER








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