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HomeMy Public PortalAboutGood Neighbour Consolidated Bylaw 1357 GOOD NEIGHBOUR BYLAW 1357 GOOD NEIGHBOUR BYLAW 1357 2 TABLE OF CONTENTS PART 1 INTERPRETATION ……………………………………………………………………………………… 2 PART 2 GENERAL REGULATIONS ……………………………………………………………………………….. 3 PART 3 EXPLOSIVES AND FIREWORKS …………………………………………………………………….. 3 PART 4 FIREARMS & BOWS ……………………………………………………………………………………… 6 PART 5 HEALTH REGULATIONS ………………………………………………………………………………….. 7 PART 6 LITTERING ……………………………………………………………………………………………………. 7 PART 7 NOISE REGULATIONS ……………………………………………………………………………………. 8 PART 8 PANHANDLING ………………………………………………………………………………………….. 10 PART 9 PROPERTY MAINTENANCE …………………………………………………………………………… 10 Private Property …………………………………………………………………………………………… 10 Private and Public Property …………………………………………………………………………… 11 Boulevard and Lane Maintenance …………………………………………………………………. 11 Grass ……………………………………………………………………………………………………………… 12 Snow Removal ……………………………………………………………………………………………… 13 Vacant Buildings ………………………………………………………………………………………….… 14 PART 10 REPEAT NUISANCE SERVICE CALLS ………………………………………………………….….…. 20 PART 11 ENFORCEMENT AND OFFENCE ………………………………………………………………………. 21 PART 12 PENALTY ……………………………………………………………………………………………………….. 20 PART 13 REPEAL ………………………………………………………………………………………………………….. 21 SCHEDULE “A” Definitions …………………………………………………………………………………………………….. 23 SCHEDULE “B” Application for Permit – Consumer Fireworks or Display Fireworks ………………. 29 SCHEDULE “C” Vacant Building Regulations …………………………………………………………………………… 31 SCHEDULE “D” Application for Vacant Building Registration Permit ………………………………………. 34 SCHEDULE “E” Fees ………………………………………………………………………………………………………………. 35 GOOD NEIGHBOUR BYLAW 1357 3 WHEREAS, the Council of the Town of Oliver desires to protect Quality of Life for its citizens, and endeavors to promote civic responsibility, and further, strives to encourage good relationships between neighbours. AND WHEREAS the Community Charter authorizes officers, employees and agents of the municipality to enter at all reasonable times on any property to ascertain compliance with the municipality’s bylaws; AND WHEREAS Council deems it appropriate to require an owner of property to safeguard, secure and protect abandoned or unoccupied buildings from property damage, unauthorized entry or occupation for the protection of persons and property; NOW THEREFORE the Council of the Town of Oliver in open meeting assembled, hereby ENACTS AS FOLLOWS: PART 1 – INTERPRETATION 1.1 This Bylaw may be cited as “Good Neighbour Bylaw 1357.” 1.2 Words or phrases defined in the British Columbia Interpretation Act, Motor Vehicle Act, Community Charter or Local Government Act or any successor legislation, shall have the same meaning when used in this Bylaw unless otherwise defined in this Bylaw. 1.3 Definitions for this bylaw are included in Schedules “A” attached to and forming part of this Bylaw. 1.4 Where this Bylaw sets out regulations, fees and charges with respect to other Town bylaws and such other bylaws contain similar regulations, fees and charges, this Bylaw is deemed to prevail. 1.5 In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine shall include the feminine gender. 1.6 The headings contained in this Bylaw are for convenience only and are not to be construed as defining, or in any way limiting, the scope or the intent of the provisions of this Bylaw. 1.7 If any part of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion(s) shall be severed and the severance shall not affect the validity of the remainder. GOOD NEIGHBOUR BYLAW 1357 4 PART 2 – GENERAL REGULATIONS 2.1 No person shall obstruct or interfere with a Bylaw Enforcement Officer in the exercise of their duties. 2.2 A Bylaw Enforcement Officer shall have the right to enter upon the property of any owner or occupant at all reasonable times and in a reasonable manner for the purposes of inspecting property and declaring whether the property is unsightly or otherwise not in compliance with the provisions of this Bylaw. PART 3 – EXPLOSIVES AND FIREWORKS 3.1 No person shall blast, discharge or sell dynamite, gun-powder, fireworks, firecrackers or other explosives within the limits of the Town unless permitted by and carried out in accordance with a permit issued under this Bylaw. 3.2 The Fire Chief may issue a permit for the discharge of “Low Hazard” fireworks as defined in the “Fireworks Manual” to a person 18 years of age or older, or to an incorporated company or society, for a specific event or occasion where all conditions to obtain a permit under the Bylaw have been met. 3.3 The Fire Chief may issue a permit for the discharge of “High Hazard” fireworks as defined and regulated in the “Fireworks Manual” for public display and for a specific event or occasion where all conditions to obtain a permit under this bylaw have been met. 3.4 The Fire Chief may issue a permit to a person 18 years of age or older, or to an incorporated company or society, for the blasting of dynamite or other explosives for the purpose of construction or public safety where all conditions to obtain a permit under this bylaw have been met. 3.5 Permit applications for discharge of fireworks must be in the form attached as “Schedule B” and must be submitted to the Fire Chief at least 30 days prior to the date on which the Special Public Event is to occur. GOOD NEIGHBOUR BYLAW 1357 5 3.6 To be considered for a Permit under Schedule B, which is attached to and forms part of this Bylaw, an applicant must submit the following to the Fire Chief: (a) written permission from the venue where the Special Public Event is proposed to take place as well as all neighbouring lands upon which debris may reasonably be expected to fall; (b) liability insurance as specified in Schedule B with the Town named as an additional insured; (c) a site diagram showing the location of all buildings, streets, utilities, fireworks, operators, audience members and fire extinguishers within sixty-one (61) metres of the site. (d) a description of all products to be used, including charge size, effects and manufacturer’s name; (e) a description of the firing system being used; (f) a description of the fire prevention precautions in place; (g) a copy of the fire safety plan; (h) a copy of the applicant’s Licensed Fireworks Supervisor certification; (i) references of persons with personal experience discharging fireworks and coordinating displays; and (j) a permit application fee as established within Schedule E. 3.7 No person shall discharge any fireworks on any street in the Town. 3.8 Any person named in a permit issued under Schedule B must comply with the provisions of the safety rules of Explosives Regulations Part 16 Consumer Fireworks, Class F.1, Division 2, or Part 18 Display Fireworks Class F.2, Division 1, Subdivision b and Subdivision c, published from time to time by Natural Resources Canada and under the Explosives Act, RSC 1985, c.E- 17. 3.9 All blasting permits are subject to the following conditions unless explicitly exempted in the terms of the permit: (a) furnish the Fire Chief with satisfactory proof that they are a fit and proper person to be entrusted with the care and use of explosives; and no permit shall be issued by the Fire Chief unless such proof is furnished; (b) a description of the property on which such blasting is to be carried on, and, if required by the Fire Chief, a further statement of the number and character of the buildings, roads, and utilities, within sixty-one (61) metres of such property; (c) blasting or discharge shall not be carried on between the time of sunset on any day and sunrise on the day following; GOOD NEIGHBOUR BYLAW 1357 6 (d) blasting or discharge shall not be carried on within ninety-two (92) metres of any school or school grounds between the hours of eight o’clock (8:00) in the morning and five o’clock (5:00) in the afternoon of any school day; (e) blasting or discharge shall not be carried on during Sundays nor within ninety-two (92) metres on any church or meeting house during service on any day; (f) blasting shall not be carried on within ninety-two (92) metres of any park, or amusement or recreation ground while any game is in progress; (g) every permit holder shall station some English speaking person on every road within ninety-two (92) metres of the property on which the work is being carried on five minutes before any blast is fired to warn travelers or persons using the road; (h) every permit holder shall notify the local RCMP detachment and the Fire Chief at least 24 hours prior to the explosive being discharged; (i) no explosives of any kind shall be stored within the Municipality without permission of Council first having been obtained; and (j) a permit application fee as established within Schedule E. Exceptions (Explosives and Fireworks) 3.10 The blasting or discharge of fireworks for any Town sanctioned event will be exempt from the requirements of Sections 3.1 through 3.9. PART 4 – FIREARMS AND BOWS 4.1 No person shall discharge any firearm or bow within the corporate boundaries of the Town of Oliver. Exemptions (Firearms and Bows) 4.2 The provision in Section 4.1 does not apply to: (a) peace officers or conservation officers required to discharge firearms in the line of duty; (b) any member of any bona fide shooting club, while shooting at any range constituted for and used only for the practice of target shooting; (c) any member of any military unit in or upon the range of such military unit provided and used for the purpose of drill or training; (d) individuals involved in an archery competition/practice hosted by a recognized and organized group or archery club meeting the stands set by the Federation of Canadian Archers for safety; (e) students of School District 53 during school hours, while being trained in the use of a bow and arrow, and while under the supervision of a teacher or person of responsibility; GOOD NEIGHBOUR BYLAW 1357 7 (f) regular volleys at burial services; and (g) any person holding a valid Town permit for the control of wildlife on public property. 4.3 Every person listed in Section 4.2 above, when discharging a firearm or using a bow within the limits of the Town, shall do so only with due regard for the safety and security of other residents, visitors and occupants of the Town. PART 5 – HEALTH REGULATIONS 5.1 No person shall urinate, defecate, deposit or void any urine or excrement in any location within the Town, whether public or private, other than directly into a toilet which is: (a) connected to a municipal sanitary sewer system; (b) connected to a sewage treatment system constructed according to requirements of the Provincial Sewerage System Regulations; (c) a pit privy on a property larger than 0.8 hectares (d) a self-contained chemical toilet; or (e) a recreational vehicle toilet connected to a holding tank. 5.2 No owner shall permit or cause water to collect or accumulate in an open drain, watercourse, pond, swimming pool, hot tub or as surface water which could become sufficiently stagnant as to permit the breeding of mosquitoes that may result in the spread of West Nile Virus or of other harmful disease-bearing insects as deemed affecting public safety as determined by the Medical Health Officer. PART 6 – LITTERING 6.1 No person shall: (a) leave, scatter, dump or dispose of any rubbish, paper, litter, cigarette butt, glass or any other material either solid or liquid in any public place; (b) stamp, paint, post, affix or otherwise place or distribute any bill, poster, notice or advertisement on any public property for longer than 48 hours without first having obtained written permission from the Town; (c) deface, injure or damage any property or equipment owned by or in the care of the Town in any public place. GOOD NEIGHBOUR BYLAW 1357 8 PART 7 – NOISE REGULATIONS General Prohibitions: 7.1 (a) No person shall make or cause, or permit to be made or caused, any noise in or on a highway or other public place in the Town which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity of that place. (b) No owner shall allow or permit such real property to be used so that noise or sound which occurs thereon or emanates therefrom, disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort, or convenience of any person in the same property or in the neighbourhood or vicinity of that property. Specific Prohibitions: 7.2 Without limiting the generality of Section 7.1 (general prohibitions): (a) no person shall play or operate any radio, stereophonic equipment or other instrument or any apparatus for the production or amplification of sound either in or on private premises or on any street or other public place in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person in the neighbourhood or vicinity of those premises or place; (b) no person being the owner shall allow or permit their real property to be used by a person for playing or operating any radio or stereophonic equipment or other instrument or other apparatus for the production or amplification of sound in such a manner as to disturb the quiet, peace, rest, enjoyment, comfort or convenience of any person in the neighbourhood or vicinity of the real property; (c) subject to subsection 7.3(e) no person shall own, keep or harbour any animal or bird which by its cries or sounds unduly disturbs the peace, quiet, rest or tranquillity of the surrounding neighbourhood or of persons in the vicinity; (d) no persons may operate, or cause, suffer or permit the operation of any motorized lawn- grooming or garden equipment in the Town before 7:00 AM or after 9:00 PM; (e) no person in the Town shall before 7:00 AM or after 8:00 PM Monday through Saturday or before 8:00 AM or after 8:00 PM on Sunday, construct, erect, reconstruct, alter, repair or demolish any building, structure or thing, or excavate or fill in land in any manner which causes noise or sounds in or on a street or elsewhere in the Town which disturbs or tends to disturb, the quiet, peace, rest, enjoyment, comfort or convenience of any person in the neighbourhood or vicinity; (f) no owner shall before 7:00 AM or after 8:00 PM Monday through Saturday or before 8:00 AM or after 8:00 PM on Sunday, cause, permit or allow a person to construct, erect, GOOD NEIGHBOUR BYLAW 1357 9 reconstruct, alter, repair or demolish any building, structure or thing, or excavate or fill in land in any manner which causes noise or sounds in or on any real property, a street or elsewhere in the Town which disturbs the quiet, peace, rest, enjoyment, comfort or convenience of any person or persons in the neighbourhood or vicinity; or (g) no person shall create a nuisance or disturbance upon any portion of a street or other public place by participating in a fight or other similar physical confrontation between consenting or non-consenting persons. Exemptions – Noise Regulations: 7.3 The provisions of this Bylaw do not apply to: (a) operating Fire Department, Police or Ambulance vehicles while in the execution of their duties; (b) operating any motor vehicle, generator, machinery or other apparatus or thing during an emergency or for a public purpose or in furtherance of the public interest including, without limiting the generality of the foregoing, grass mowing, snow removal, water main and sewer main repairs and civil defence exercises; (c) performing works of an emergency nature for the preservation or protection of life, health or property, provided that the onus shall be on the person performing the work to show cause that the work was of an emergency nature; (d) lawfully carrying on a trade or industry at a commercial or industrial zoned area, provided that the sound or noise therefrom does not exceed the sound or noise common to such trade or industry when carried out in accordance with the generally accepted industry standards using equipment and facilities in good operating order; (e) carrying out farm operations conducted in accordance with normal farm practices under the Farm Practices Protection (Right to Farm) Act; (f) operating residential household equipment including, but not limited to, pool pump motors, air conditioning units, exhaust fans, hot tub pumps, provided that the sound or noise therefrom does not exceed the sound or noise generally common to such household equipment when in good operating order and being used in accordance with generally accepted standards; (g) participating in a parade that is proceeding lawfully under a street use permit issued by the Town under its street regulatory enactments; (h) any community event sanctioned by the Town will be exempt from the provisions of sub- section 7.2 (a) and 7.2 (b); (i) any normal aviation activities at the Oliver airport; or (j) performing regular highway maintenance, construction, re-construction and rehabilitation activities, authorized by the Ministry of Transportation and Infrastructure conducted by its employees, authorized representatives, agents, contractors and sub-contractors. GOOD NEIGHBOUR BYLAW 1357 10 PART 8 – PANHANDLING Restrictions on Panhandling 8.1 No person shall panhandle within 10 metres of: (a) an entrance to a bank, credit union or trust company; (b) an automated teller machine; (d) an entrance to any liquor or wine and beer store 8.2 No person shall panhandle in such a way as to impede the ability of a person entering or exiting a place of business; 8.3 No person shall sit or lie on a street for the purpose of panhandling; 8.4 No person shall panhandle between the time of sunset on any day and sunrise on the following day; 8.5 No person shall continue to panhandle from a person, or follow a person, after that person has indicted a negative response to the panhandler; or 8.6 No person shall panhandle or solicit business from an occupant of a vehicle, including a vehicle that is: (a) parked; (b) stopped at a traffic control sign or signal; or (c) stopped temporarily for the purpose of loading or unloading. PART 9 – PROPERTY MAINTENANCE Private Property 9.1 No owner of real property shall cause, suffer or permit: (a) water, rubbish, noxious, offensive, or unwholesome matter to collect or accumulate on the real property; (b) rubbish to overflow from or accumulate around any container situated on the real property; (c) the real property to become or remain unsightly; (d) the accumulation of dead landscaping, vegetation, weeds, noxious weeds or other growths to occur or to remain on the real property and must meet the standards set in Section 9.5; GOOD NEIGHBOUR BYLAW 1357 11 (e) in respect to real property for which a building permit has been issued by the Town, cause or permit demolition waste, construction waste or trade waste to accumulate on the real property; (f) graffiti to remain on the real property; or (g) the storage or accumulation of not more than two (2) derelict vehicles unless stored in an enclosed building or structure. Private and Public Property 9.2 No person shall: (a) place graffiti on private property, signs, buildings, structures or any kind, including fences or streets on or adjacent to any public real property; (b) deposit or throw bottles, broken glass or other rubbish in any open place upon private or public property; (c) abandon a vehicle on a street or public right of way; or (d) undertake any activity on any highway, public place, or private property in the Town that creates or causes the creation of dust that disturbs the quiet, peace, rest, enjoyment, comfort, or convenience of persons in the neighbourhood. Boulevard and Lane Maintenance 9.3 Every owner of real property shall maintain the sidewalk, boulevard, and lane adjacent to their real property and without limitation shall: (a) remove accumulations of filth, leaves, rubbish, discarded materials, hazardous objects and materials that obstruct a draining facility; (b) remove all filth, leaves, rubbish, discarded materials, hazardous objects and materials from all boulevards and sidewalks; (c) keep grassed areas trimmed to the standards of Section 9.5, irrigated and reasonably free of weeds; (d) keep in good repair all driveway crossings; (e) where directed by the Director cut, trim or remove any tree, fence, hedge or other item that obstructs or could reasonably be expected to obstruct the vision or safety of all pedestrians, cyclists, or vehicles using streets adjacent to the property; or (f) where the real property is in a commercial area, as defined in the Town’s Zoning Bylaw, every owner of real property shall sweep the sidewalks in front of and adjacent to the real property and remove all accumulations of filth, leaves, rubbish, discarded materials, and hazardous objects and materials from adjacent sidewalks no later than 10:00 am each day; and GOOD NEIGHBOUR BYLAW 1357 12 9.4 No person shall deposit filth, leaves, rubbish, discarded materials, or hazardous objects or materials removed from sidewalks, boulevards, lanes or private property onto town property or highways. Grass 9.5 No owner or occupier of real property shall: (a) allow grass or other weeds on the real property to exceed a height of fifteen (15) centimetres; and (b) for greater certainty, this section shall apply to vacant lots within residential areas and the grass on any boulevard that lies directly between the boundary of a real property and an adjacent highway, road or lane. (c) this section shall not apply to: a. maintained Gardens or maintained Xeriscaped Areas; b. parks and natural areas under the direction and control of the Town or Oliver * District Parks and Recreation Society; c. areas under the direction and control of the Town including boulevards adjacent to major roadways, areas subject to naturalization efforts and sound attenuation berms. Exemptions (Property Maintenance) 9.6 Where real property contains two acres or more and is assessed as farm land, it shall not be considered to be unsightly by reason of accumulation of stored materials if those materials are incidental to the operation of a farm, provided that such materials are: (a) not placed or permitted to be stored less than 22 metres from any highway; and (b) screened from view by a fence, hedge or other similar structure. 9.7 Where real property is used for industrial or commercial purposes and zoned as such, and where the nature of the business carried on therein requires accumulation or materials that could be considered discarded, but which are necessary for the operation of said business, it shall not be considered to be unsightly by reason of such accumulation if such materials are stored within a screened area so as to not be visible from the outside of the real property. Notice (Property Maintenance) 9.8 If the Bylaw Enforcement Officer deems a property to be in violation of this Bylaw, they may: (a) serve notice of the violation upon the owner of the real property; or (b) serve a Bylaw Offence Notice upon the owner of the real property. GOOD NEIGHBOUR BYLAW 1357 13 9.9 Service of a notice Under Section 9.8 (a) must be: (a) served personally or mailed by prepaid registered mail to the owner of the real property as shown on the current year’s real property assessment roll; and, (b) either posted on the real property or delivered or mailed by regular mail to the occupier of the real property. 9.10 Notice issued under Section 9.8 (a) must state: (a) the civic address of the subject real property; (b) the legal description of the subject real property; (c) the particulars of the unsightly nature of the real property or other non-compliance with the Bylaw to be remedied; (d) the time period in which the unsightly nature of the property or other non-compliance must be remedied; and (e) the Town’s remedial actions(s) if the property remains unsightly after the time period given for compliance. 9.11 All owners of real property shall comply within 5 days of the date of such notice for owners that reside within the Town and within 10 days of the date of such notice for those that reside outside of the Town. When a Notice is personally served, it will be deemed to have been served that day and when a Notice is not personally served it is deemed to have been served on the third day of mailing or posting. 9.12 Properties that become unsightly again within 15 days of compliance with this Bylaw are deemed to have remained unsightly. Snow Removal 9.13 Every owner of real property in a commercial area, as defined in the Town’s Zoning Bylaw, shall remove all snow or ice from all sidewalks bordering the real property no later than 10:00 AM each day. An owner shall not use equipment which due to its weight or sharp edges could cause damage to the boulevard or sidewalk. 9.14 No person shall deposit snow, ice or other material removed from their property onto any paved portion or sidewalk of any street. Vacant Buildings 9.15 Regulations: Every owner or occupier of a real property that contains a vacant building shall: GOOD NEIGHBOUR BYLAW 1357 14 (a) maintain $2M in liability insurance and obtain a Vacant Building Registration (VBR) permit within thirty (30) days of an order by a Bylaw Enforcement Officer; (b) maintain the building in compliance with the standards set out in Schedule C (c) board the building in compliance with the standards set out in Schedule C Exemptions: 9.16 No person shall allow a building or structure for human, industrial, or commercial use, or occupancy to stand vacant for more than sixty (60) days unless one of the following applies: (a) the building is the subject of an active building permit for repair or rehabilitation, or a valid permit for demolition, and the owner is progressing diligently to complete the repair or rehabilitation. (b) the building meets all applicable codes, does not contribute to blight, is ready for occupancy and is actively being offered for sale, lease, or rent. The building is to be supplied with minimum utilities to maintain the proper functioning of the facilities as well as to prevent damage to mechanical and plumbing facilities from freezing. Commercial buildings that are classified to have a fire alarm and or fire suppression systems must maintain electrical and heating systems to maintain these life safety components. (c) the Building Official determines that the building does not contribute a nuisance or hazardous condition requiring building permits for remedial work or demolition. Permits and Inspections 9.17 Where a Bylaw Enforcement Officer reasonably believes the building or structures on property are considered a vacant building, the Bylaw Enforcement Officer shall notify the owner of the vacant building in writing to: (a) apply for Vacant Building Registration Permit; or (b) apply for a Building Permit to renovate a building or structure to a state of safe occupancy as per Section 9.15 (b) of this Bylaw; or (c) demolish the structure(s) within ninety (90) days in compliance with the Town of Oliver Building Bylaw 1140 as amended from time to time ; and (d) the Building Official may require in addition to the above, a Professional Engineer licensed or registered to practice in British Columbia to perform a field evaluation of an existing structure and any required remedial work to make the structure safe for occupation or further inspections. GOOD NEIGHBOUR BYLAW 1357 15 Inspections of Exterior of Vacant Buildings without Notice 9.18 A Bylaw Enforcement Officer may enter onto land without notice to and without the consent of the owner in order to monitor a building that is boarded or appears to be vacant in order to determine: (a) Whether the building is vacant; (b) Whether a vacant building is to be boarded; and (c) Whether the building complies with this Bylaw. Vacant Building Registration Permit 9.19 In order to obtain a Vacant Building Registration Permit, an owner must: (a) apply to the Building Official for a special safety inspection within thirty (30) days of receiving an order and pay the fee hereby imposed for such special safety inspection as specified in Schedule E. (b) provide an address for service of notices and orders during the period that the permit is valid and thereafter, provide prompt notice of any change in the address given for service. (c) pay any application or permit fee as established within Schedule E. (d) provide the Building Official with a copy of the certificate of insurance required in paragraph 9.14 (a) above. (e) ensure that all combustible materials within a vacant building are removed to reduce any potential fire load. Commercial, Multi-family, Industrial Permit 9.20 Upon payment of permit fees, the owner of a commercial, multi-family or industrial building(s) may obtain a permit for a period of 24 months from the date it is issued. The permit is automatically transferred to the next owner of the property. Residential – (Single and Two Family Properties) 9.21 Upon payment of the permit fees, the owner of a vacant residential building is entitled to obtain a single permit for the building(s), valid for a period of one (1) year from the date it is issued. The permit is automatically transferred to the next owner of the building. GOOD NEIGHBOUR BYLAW 1357 16 Display of Permits 9.22 Owners shall display the permit in a prominent location as determined by the Building Official. Monitoring Inspections 9.23 Every owner with a permit shall allow for entry of a Bylaw Enforcement Officer no less than on a monthly basis into a vacant building for the purposes of ensuring: (a) the building is maintained as per Schedule C of this bylaw; or (b) the building is secured against unauthorized entry as per Schedule C of this bylaw; and to ensure (i) that all combustible materials within a vacant building are removed to reduce any potential fire load; (ii) there is no illegal occupancy; and (iii) there is no existence of rodents or any other potential health or safety risks to the community No Additional Permits without Council Approval 9.24 Once a permit has been issued, no additional permit may be issued in respect to the building until and unless: (a) Council has approved an additional permit to be issued under Section 9.25 Partial Refund of Permit Fee 9.25 The current owner of a permit is entitled to a partial refund of the permit fee referred in Sub- Section 9.17 (c) if the building is brought into compliance with Section 9.15 of this Bylaw. Any outstanding fees, utility charges or penalties imposed on the owner pursuant to this or another Bylaw are to be deducted from any refund paid. Council May Order Additional Permit to be Issued 9.26 Upon application by an owner whose vacant building has been issued a permit under Section 9.18 and payment of any additional fees or penalties, Council may direct the Building Inspector to issue an additional permit in respect of the building(s). Criteria for Additional Permit 9.27 In determining whether to approve an additional permit, Council must take into account: (a) that the buildings(s) do not create a hazard or nuisance on adjacent buildings and the surrounding neighbourhood; GOOD NEIGHBOUR BYLAW 1357 17 (b) the viability and credibility of the owner’s plans to bring the building into compliance and maintain it thereafter in compliance with this Bylaw and other bylaws; (c) the likelihood that the building will be re-occupied or demolished in the future; and (d) the owner’s record of compliance or non-compliance with the Bylaw and other bylaws of the Town and the subject property and elsewhere. Conditions of Additional Permit 9.28 In approving the issuance of an additional permit, Council may require that any conditions it considers reasonable are imposed on the additional permit. The permit is valid for twelve (12) months and may be cancelled by the Building Inspector who concludes the conditions imposed on it have not been met or have been breached. Additional Permit Fees 9.29 An additional permit issued under Section 9.25 is conditional upon payment as described in Schedule E of this bylaw. Demolition of Vacant Buildings by Town 9.30 If the owner is unable to comply with the requirements of this Bylaw or Council determines that the vacant building is a nuisance or hazard to the community, then the Town may order the owner to remove the vacant building(s) on thirty (30) days’ notice by the Town. If the owner does not remove the vacant building(s) within thirty (30) days, the Town or its contractors, employees or agents may enter onto the property and perform the required work to remove the vacant building(s) and the cost of such removal may be added to the property taxes for the property. The owner may seek reconsideration by Council of the Order requiring the removal of the vacant building(s) within fourteen (14) days of receiving the order by delivering written notice to the Town. Recovery of Town Costs through Sale of Property 9.31 Under Section 80 of the Community Charter, if remedial action requirements have not been satisfied by the date specified for compliance, the Town may sell the matter or thing in relation to which the requirement was imposed or any part or material of it. Compliance Orders 9.32 If, in the opinion of the Bylaw Enforcement Officer, the owner of real property or other responsible person fails to comply with the requirement of this Bylaw, the Bylaw Enforcement Officer may issue an order requiring that the owner or other responsible person bring the Real Property into compliance with the provisions of this Bylaw within such time as the Bylaw Enforcement Officer considers appropriate in the circumstances. GOOD NEIGHBOUR BYLAW 1357 18 Service of an Order 9.33 Service of an Order referred to in Section 9.32 will be sufficient if a copy of the order is: (a) served personally or mailed by prepaid registered mail to the owner of the Real Property as shown on the current year’s real property assessment roll; and (b) either posted on the Real Property or delivered or mailed by regular mail to the occupier of the Real Property. 9.34 Notice issued under Section 9.32 herein must state: (a) the civic address of the subject Real Property; (b) the legal description of the subject Real Property; (c) the particulars of the unsightly nature of the Real Property or other non- compliance with this Bylaw to be remedied; (d) that the unsightly nature of the property or other non-compliance with this Bylaw must be remedied within 10 days of the date of delivery of the notice, or, in the case of snow, ice or rubbish on a sidewalk, within 24 hours from the time the snow, ice or rubbish is deposited thereon. (e) that if the owner or occupant fails to comply with the notice, the Town may, without further notice, proceed to carry out the work required, and the cost of such work will be added to the taxes of the Real Property, and the owner or occupant or both may be subjected to prosecution for an offence under this Bylaw. 9.35 Notice issued under Section 9.32 herein may give specific instruction to remedy the unsightly nature of the Real Property or other non-compliance with this Bylaw including, but not limited to any one or more of the following directions: (a) remove unsightly accumulations of materials or rubbish from the Real Property; (b) remove snow, ice or rubbish from sidewalks; (c) clean, stack or cover any material (d) clear the real property of brush, trees, weeds, noxious weeds or other growths; (e) cut grass or weeds present on the Real Property; (f) prune trees or scrubs (g) remove rubbish, or cut grass, weeds or other growth from adjacent boulevards or lane ways; (h) obtain a Vacant Building Registration Permit; (i) Maintain a building as outlined in Schedule C (j) Secure a building as outlined in Schedule C; and Amended by Bylaw 1357.02 Adopted August 26, 2019 GOOD NEIGHBOUR BYLAW 1357 19 (k) otherwise remediate, maintain or repair the Real Property as specified in the notice, so as to bring it into compliance with this Bylaw. 9.36 If the owner of real property or other responsible person fails to comply with the Bylaw Enforcement Officer’s compliance order within the time period specified in such notice, the Town, by its workers or others, may at all reasonable times and in a reasonable manner, enter the real property and bring about such compliance at the cost of the defaulting owner or other responsible person. Such costs shall consist of all costs and expenses incurred by the Town to achieve compliance with this Bylaw including, without limitation, administrative costs, costs to attend property by Town employees or its contractors and the costs of removal, clean-up and disposal. 9.37 If an owner of real property or other responsible person defaults in paying the cost referred to in Sub-Section 9.34 (e) to the Town within 30 days after receipt of a demand for payment from the Town, the Town may either recover from the owner or other responsible person, in any court of competent jurisdiction, the cost as a debt due to the town, or direct that the amount of the cost be added to the real property tax roll as a charge impose in respect of work or service provided to the real property of the owner, and be collected in the same manner as property taxes. 9.38 Service of a demand for payment referred to in Section 9.37 will be sufficient if a copy of the demand is served personally or mailed by regular mail to the owner of the real property as shown on the current year’s real property assessment roll. Appeal 9.39 A person upon whom a Notice has been served may, by giving notice in writing to the Corporate Officer at least 72 hours prior to the expiry of the time given in the Notice to remedy the nuisance, appeal to the Council who must hear and determine the appeal by confirming, amending or rescinding the Notice. PART 10 - REPEAT NUISANCE SERVICE CALLS 10.1 Where a member of the RCMP, a Bylaw Enforcement Officer, or other Town of Oliver official is required to respond to a real property for: (a) More than one nuisance service call within a twenty-four (24) hour period; or (b) More than three nuisance service calls within a twelve (12) month period; the owner of the real property shall be liable to pay an Excessive Nuisance Abatement Fee in accordance with the amounts prescribed in Schedule E of this bylaw. 10.2 Before imposing an excessive nuisance abatement fee, written notice shall first be provided to the owner of the real property: and GOOD NEIGHBOUR BYLAW 1357 20 (a) Describing in reasonable detail the nature of the nuisance conduct, activity or condition that occurred, or was maintained or permitted in , on or near the real property; and (b) Advising the owner that excessive nuisance abatement fees will be imposed for each additional nuisance service call to the same real property and that the imposition of such fees is in addition to the Town’s right to seek other legal remedies or actions for abatement of the nuisance. 10.3 Excessive nuisance abatement fees shall be paid by the owner on receipt of an invoice from the Town. If the amount of each invoice is not paid in full before the 31st day of December in the year received, on written notice to the owner, the amount shall be added to and form part of the taxes on the Real Property, as taxes in arrears. 10.4 An owner may, within 30 days of receipt of an invoice demanding payment of excessive nuisance abatement fees, require that Council reconsider the requirement to pay, or the amount of, the excessive nuisance abatement fees, at which time the owner of the Real Property shall have an opportunity to be heard by Council. PART 11 – ENFORCEMENT AND OFFENCE 11.1 The following sections of this Bylaw are enforceable by the Town as they relate to the Highway 97 corridor within the Town: (a) Sections 5.1, 5.2, 6.1, 7.1, 7.2, 8.1, 8.2, 8.3, 8.4, 8.5, 8.6, 9.1, 9.2, 9.3, 9.4, 9.11, 9.13, 9.15, 9.16, 9.17, 9.18, 9.20, 9.21, 9.28, 9.29, and 10.1 11.2 Any person who: (a) violates any provision of this Bylaw, or does any act or thing which violates any provision of this Bylaw, or suffers or allows any other person to do any act or thing which violates any provision of this Bylaw; (b) neglects to do or refrains from doing anything required to be done by any provision of this Bylaw; or (c) fails to comply with an order, direction, or notice given under any provision of this Bylaw, or suffers or allows any other person to fail to comply with an order, direction, or notice given under any provision of this Bylaw, is guilty of an offence, which may be enforced by means of ticket in the form prescribed in the Community Charter and Local Government Act. PART 12 - PENALTY 12.1 Every person who contravenes a provision of this Bylaw is guilty of an offence and is liable upon summary conviction to a fine not more than ten thousand ($10,000.00) dollars. GOOD NEIGHBOUR BYLAW 1357 21 12.2 Each day that a contravention of the provisions of this Bylaw exists or is permitted to exist shall constitute a separate offence. PART 13 – REPEAL 13.1 The following Bylaws of the Town of Oliver and their amendments are hereby repealed: (a) Property Maintenance Bylaw 1085 (b) Oliver Firearms and Explosives Bylaw No. 644, 1991 (c) Littering Bylaw No. 727, 1993 (d) Noise Control Bylaw No. 725, 1993 (e) Health Regulations Bylaw No. 864, 1997 READ A FIRST time on the 11th day of May, 2015. READ A SECOND time as amended on the 22nd day of June, 2015. READ A THIRD time on the 22nd day of June, 2015. Approved by Ministry of Transportation & Infrastructure pursuant to section 124(13) of the Motor Vehicle Act on the 30th day of June, 2015. ADOPTED on the 13th day of July, 2015. “original signed by Mayor” “original signed by Deputy Corporate Officer” Mayor Deputy Corporate Officer GOOD NEIGHBOUR BYLAW 1357 22 SCHEDULE “A” Definitions In this Bylaw: Accumulation means a build-up, growth or collection, either scattered, amassed or piled, existing at the time of inspection. Automated teller machine means a device linked to a financial institution’s accounting records that is able to carry out transactions, including, but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments. Blast means to use, set off, ignite, discharge or explode a firework or other explosive; Board shall mean a building whose doors and windows have been covered with plywood or other material for the purpose of preventing entry into the building by persons or animals. The boarding requirements are outlined in Schedule D. Boulevard means that portion of highway between the curb or shoulder lines of the lateral boundary lines of a roadway and the adjoining property or between the curbs on median strips or islands excluding Highway 97, but does not include curbs, sidewalks, ditches or driveways. Bow includes a long bow, recurve bow, composite bow or cross bow and any arrow or projectile used with the bow. Building Inspector means the Building Inspector designated by the Town of Oliver. Bylaw Enforcement Officer means the persons duly appointed by Council as such, and shall include any peace officer. CAO means the Chief Administrative Officer or designate, for the Town of Oliver. Container includes a dumpster, rubbish can, rubbish bin or other receptacle designed, intended or used to hold rubbish, discarded materials and debris. Corporate Officer means the Corporate Officer or designate, for the Town of Oliver. Council means the Council of the Town of Oliver. Derelict Vehicle means any vehicle or part thereof, propelled otherwise than by muscle power which: i) Is physically wrecked or disable; ii) Is not capable of operating under its’ own power; and iii) Does not have attached number plates for the current year pursuant to the Motor Vehicle Act Regulations. GOOD NEIGHBOUR BYLAW 1357 23 Director means the Chief Administrative Officer, Corporate Officer, Director of Operations, and their designates. Discarded Materials includes the accumulation of wood, appliances, furniture, mattresses, motor vehicle parts, or tires, construction materials, toys, recreational or sporting equipment, carpeting or any other materials or equipment whereby its placement upon the Real Property is not consistent with its intended normal use or due to its condition and or state of disrepair is not useable for its normal intended use. Excessive Nuisance Abatement Fees include, but are not limited to the following costs and expenses incurred while responding to a nuisance service call for the purpose of abating nuisance conduct, activity or condition: i) the cost of police and Town staff salaries, including all fringe benefits; ii) the cost of using police, fire and Town equipment and vehicles; iii) the administration costs incurred by the Town in responding to a nuisance service call and abating a nuisance; and iv) the cost of repairs to damaged Town equipment, vehicles or property. Explosive means any substance, such as dynamite, gun-powder, fireworks or firecrackers that can cause explosion. Filth means foul or putrid matter. Fire Chief means the person appointed from time to time as the Chief of the Fire Department by the Council of the Town. Firearm includes rifles, pistols, shotguns, air guns, air rifles, air pistols and spring guns. Firecracker means a pyrotechnic device that explodes instantaneously when ignited and does not make any display or visible effect after the explosion, but does not include items classified under the Explosives Act RSC 1985, cE-17 as low or high hazard fireworks. Fireworks are as defined by Explosive Regulations, 2013 under the Explosives Act RSC 1985, cE-17 and classified as F.1 - consumer fireworks, or as F.2 - display fireworks. Graffiti means writing or pictures scratched, painted or drawn by any means on a wall, fence, building structures of any kind, sidewalk or road, but does not include public art murals that may be approved by resolution of Council from time to time. Grass means any of a large family (Gramineae or Poaceae) of monocotyledonous plants having narrow leaves, hollow stems, and clusters of very small, usually wind-pollinated flowers. GOOD NEIGHBOUR BYLAW 1357 24 Hazard or Hazardous shall mean a physical condition created by neglect, a controlled substance property, fire or flood damage and is considered unsafe for habitation or storage without remedial action. Hazardous conditions may arise in violations to Town and Provincial Health and Safety regulations or Bylaws. Hazardous conditions could arise from: i) substantial mold growth; ii) water damage which could contribute to mold or structural failure; iii) subsiding of foundations which could lead to water damage and structural failure; iv) incomplete construction (expired permit) which could deteriorate and lead to structural failure or hazards to adjacent properties and or general public; v) incomplete demotion or standing water in excess of 24” in depth; and vi) electoral, plumbing, mechanical or a combination of which could adversely affect structural integrity. Highway includes every street, road, lane, boulevard, sidewalk, bridge, viaduct or any other area open to public use and any park, building, conveyance, private place or passageway to which the public has, or is permitted to have access or is invited and includes Highway 97 corridor, identified as Main Street within the Town of Oliver. Lane means a public thoroughfare or way which affords a secondary means of access to a lot at the side or rear. Monitoring shall mean a periodic site review to ascertain whether the: i) buildings that are the subject to complaints; ii) buildings that are dilapidated; iii) buildings that are eyesores (nuisance); iv) buildings that are dangerous (hazard); v) boarded buildings; and vi) buildings that have been vacant for extended periods of time. Noxious means hurtful; harmful; baneful; pernicious; injurious; destructive; unwholesome; insalubrious. Noxious Weed means any weed designated by regulation to be a noxious weed pursuant to the British Columbia Weed Control Act, and includes the seeds of a noxious weed. Nuisance means anyone or anything that annoys or gives trouble, or what which is offense, irritating or a pest to anyone residing within the Town and any building structure or property that does not meet the standards set forth under Schedule C of this bylaw; i) exterior not up to Code; ii) windows and/or doors are boarded, not ready for occupancy GOOD NEIGHBOUR BYLAW 1357 25 iii) structure is a neighbourhood blight and may include debris or broken windows; iv) structure is neglected by owner; v) paint peeling throughout structure; and vi) standing water. Occupant includes: i) a person residing on or in the property; ii) the person entitled to the possession of property if there is no person residing on or in the property; and iii) a leaseholder, and shall include the agent of any such person. Offensive matter means physical objects which are objectionable to the public. Owner means any person who is the registered owner, or owner under agreement, of real property, and includes any person in actual or apparent possession of real property under a lease, licence or other agreement with another owner. Panhandle means to beg for, or without consideration, ask for money, donations, goods or other things of value whether by spoken, written or printed word or bodily gesture for one’s self or for any other person but does not include solicitations by not-for-profit philanthropic or charitable societies or corporations. Peace officer has the same meaning as in the Interpretation Act and includes a Bylaw Enforcement Officer. Person includes a natural person, a company, corporation, partnership, firm, association, society, or party and the personal or other legal representatives of a person to whom the context can apply according to law. Public place includes a place open to the air, to which the public are entitled or permitted to have access without payment; a highway; a park or campground owned or operated by a government; a parcel, the title to which is vested in the Town, the Province of British Columbia, or the Government of Canada. Real property means land, with or without improvements so affixed to the land as to make them in face and in law a part of the real property, and includes individual premises located on the real property. Rubbish in addition to its common dictionary meaning and without limiting the generality of that meaning, includes decaying or non-decaying solid and semi-solid wastes, including, but not limited to, both combustible and non-combustible wastes such as paper, trash, refuse, cardboard, waste material, cans, glass, bedding, mattresses, crates, rags, barrels, boxes, lumber not neatly piled, scrap GOOD NEIGHBOUR BYLAW 1357 26 iron, tin and other metal scrap paving material, construction and demolition waste, derelict vehicles and other vessels, tires, machinery, mechanical or metal parts, discarded or dilapidated appliances, discarded or dilapidated furniture, ashes from fireplaces and on-site incinerators, yard clippings and brush, wood, dry vegetation, dirt, weeks, dead trees and branches, stumps, and piles of earth mixed with any of the above. Special Safety Inspection means a specific on-site review to ascertain the status of health, structural and life safety conditions of a building and may include the Building Official, the Fire Chief of the Town, a member of the Royal Canadian Mounted Police of the Town, a Provincial Health Inspector, BC Safety Authority Inspector or the deputy or designate of such a person. Street means any highway, roadway, sidewalk, boulevard, lane, place, parking lot or entrance way or right of way which the public is ordinarily entitled or may be permitted to use for the passage of vehicles or pedestrians and includes a structure located in any of those areas. Trees include shrubs. Town means the Town of Oliver or the area within the municipal boundaries as the context may require. Unsightly in addition to its common dictionary meaning and regardless of the condition of other properties in the neighbourhood, includes property having any one or more of the following characteristics: i) the storage, location or accumulation visible to a person standing on a public highway or on a nearby property, in a building or structure, situate on a public highway or nearby property, of filth, rubbish, graffiti or any other discarded materials; ii) the untidy storage, location or placement of building materials on a site where construction is not taking place, except where they cannot be seen from a public highway or from nearby property, or from a building or structure situate on a public highway or nearby property; iii) landscaping or vegetation that is dead or characterized by uncontrolled growth or lack of maintenance, or is damaged; or iv) any other similar conditions of disrepair, dilapidation or deterioration. Unwholesome matter means physical objects which are detrimental to the physical or mental well- being of persons. Vacant Buildings shall mean a building or structure, which is without lawful resident or occupant or which is not being put to a lawful commercial, residential, or industrial use for a continuous period of over forty-five (45) days within a consecutive sixty (60) day period or which, may be unoccupied or unsecured; occupied and secured by boarding or other similar means; unoccupied and deemed a nuisance or hazardous building or structure or no longer hold a valid building permit. GOOD NEIGHBOUR BYLAW 1357 27 Weed means any unplanned or uncultivated plant growth or bush that is allowed to come to a state of causing, or about to cause a nuisance and shall include any landscaping that is damaged, excessively overgrown or characterized by a lack of maintenance, but does not include any tree. GOOD NEIGHBOUR BYLAW 1357 28 SCHEDULE “B” Application for Permit Consumer Fireworks or Display Fireworks Name of applicant: _______________________________________________________________ Birthdate: _______________________________ Age: _____________________________ Mailing address: ____________________________________________________________________ ____________________________________________ Phone: ______________________________ Email: ____________________________________________________________________________ Licensed Firework Supervisor Card No. (attach photocopy) __________________________________ The Applicant hereby applies to discharge (check one) CONSUMER  or DISPLAY  Location: __________________________________________________________________________ Date: _____________________________________________________________________________ Time: (Start) _______________________________ (End) __________________________________ Description of Public Event: ___________________________________________________________ Estimated number of spectators: _______________________________________________________ Expected Type and quantity of fireworks: ________________________________________________ Property Owner: _________________________________ _______________________________ (contact name) (telephone number) Property Owner: _________________________________ _______________________________ (contact name) (telephone number) READ CAREFULLY The APPLICANT CERTIFIES that the applicant understands and will be guided by the provisions of Bylaw No. , as amended from time to time, and all applicable Provincial and Federal laws and regulations, as amended from time to time, and any conditions or restrictions imposed in this permit by the Fire Chief. THE APPLICANT FURTHER CERTIFIES that the applicant is authorized to the appropriate level by Natural Resources Canada to possess and fire, set off or explode fireworks of the class specified within this application. GOOD NEIGHBOUR BYLAW 1357 29 IN CONSIDERATION of $1,.00 and other good and valuable consideration, the receipt and sufficiency of which the applicant acknowledges, the applicant covenants that the applicant will indemnify and save harmless the Town of Oliver and its elected officials, employees, officers, agents and contractors from and against any and all manner of actions or causes of action, damages, costs, loss, or expenses of whatever kind (including, without limitation, legal fees) the Town or its elected officials, employees, officers, agents or contractors may sustain, incur, or be put to by reason of or arising out of: a) the issuance of this permit b) the consumer fireworks event or display fireworks event, including, without limitation, the handling, storage, discharging or other use of fireworks in connection with this permit; c) the applicant’s use or occupation of the location upon which the consumer fireworks event or display fireworks event is to occur; or d) any act or omission of the applicant or any person for whom the applicant is at law, responsible, including, without limitation, the non-observance or non-performance of any obligation imposed by Federal or Provincial law. The applicant acknowledges that he or she has had the opportunity to seek independent legal advice as to the contents of this agreement and that he or she is not under any legal disability. Signature of applicant ___________________________________ Date: _______________________ PERMISSION IS GRANTED to the above applicant to discharge consumer or display fireworks, at the location and on the date and time(s) as set out above, subject to Bylaw No. 1357 , as amended from time to time, and to the following conditions and restrictions: • This permit is not transferable. Only the applicant is authorized under this permit to discharge fireworks. • The applicant may only discharge the type and quantity of fireworks described in the application. • The applicant must ensure that all debris and litter related to a consumer fireworks event or display fireworks event that occurs on Town property, including any litter left by the spectators, is removed from the location at the conclusion of the Special Public Event. • The applicant must obtain a Comprehensive General Liability insurance policy with an inclusive limit of not less than $10,000,000.00 per occurrence for bodily injury and property damage and provide evidence of the same to the CAO no later than twenty-one (21) days prior to the Special Public Event Other conditions: _______________________________________________ Date: _______________________ Fire Chief or authorized designate GOOD NEIGHBOUR BYLAW 1357 30 SCHEDULE “C” The owner of a vacant building must comply with the following maintenance standards of this Schedule. Exterior Walls 1.1 The exterior of every building must be constructed, repaired and maintained in a manner that: (a) Ensures the integrity of the building envelope to protect the building from the weather and from infestations of insects, rodents and other pests; and (b) Prevents a substantial depreciation in property values in the immediate neighbourhood. 1.2 Without restricting the general obligation set out in subsection (1): (a) All exterior surfaces must consist of materials that provide adequate protection from the weather; (b) All exterior walls and their components, including coping and flashing, must be maintained in good repair; (c) All exterior walls must be free of holes, breaks, loose or rotting boards or timbers and any other condition which might permit the entry of insects, rodents or other pests to the interior of the wall or the interior of the building; (d) Exterior wood surfaces must be adequately protected against deterioration by the periodic application of paint, stain or other protective coating; (e) No more than twenty-five percent (25%) of any painted area of any exterior wall may be blistered, cracked, flaked, scaled, or chalked away; (f) The mortar of any masonry or stone exterior wall may be loose or dislodged. (g) The exterior of every building must be free of graffiti; and (h) Loose material must be removed from exterior walls, doors and window openings. Roofs 2.1 Roofs must be constructed and maintained so as to prevent: (a) Rainwater or melting snow falling on the roof from entering the building; (b) Rainwater or melting snow falling on the roof from negatively affecting neighbouring buildings or properties; and (c) Objects and materials from falling from the roof. GOOD NEIGHBOUR BYLAW 1357 31 The owner of a vacant building must comply with either Part I or Part II of this Schedule. PART I In order to comply with Part I of this Schedule, the owner of a vacant building must ensure that: (a) All exterior doors to the dwelling are operational, fit tightly within their frames when closed and are locked so as to prevent entry; (b) All windows are either permanently sealed or locked so as to prevent entry; (c) All windows, doors, basement and attic hatchways and their frames are so constructed and maintained to completely exclude rain and substantially exclude wind from entering the building; and (d) All windows are in good repair; and properly glazed. PART II In order to comply with Part II of this Schedule, the owner of a vacant building must ensure that the following requirements are met: (a) All doors, windows and other openings, other than the principal entrance, at the basement and main (first) floor levels must be covered in compliance with this Part with a solid piece of plywood, at least 11 millimetres thick and secured with coated spikes at least 75 millimetres in length, spaced not more than 150 millimetres on centre. (b) The principal entrance must be covered in compliance with this Part with a solid piece of plywood, at least 11 millimetres thick, adequately secured with screws at least 50 millimetres in length, spaced not more than 150 millimetres on centre. (c) Windows, doors and other openings at the second floor level must be covered in compliance with Part with a solid piece of plywood, at least 8 millimetres thick and secured with coated spikes at least 75 millimetres in length, spaced not more than 150 millimetres on centre. (d) Windows, doors and other openings at the third floor level or higher must be either: a. Secured in accordance with Part I of this Schedule; or b. Covered in compliance with this Part with a solid piece of plywood, at least 8 millimetres thick and secured with coated spikes at least 75 millimetres in length, spaced not more than 150 millimetres on centre. (e) Windows, doors and other openings at the third floor level or higher must be secured from inside the building; plywood applied to all other openings must be secured from the exterior. (f) Plywood applied to openings must be installed and maintained in a way that is weather- tight and must be protected from the elements with at least two coats of white paint. A hole must be cut in the plywood just large enough for the door hardware to protrude. GOOD NEIGHBOUR BYLAW 1357 32 (g) All floors above the first floor must be rendered inaccessible to entry by raising fire escapes and ladders to a height of at least four metres or guarding them in some other manner acceptable to an Enforcement Officer. (h) All areaways must be adequately secured either by: a. Filling them with concrete or unshrinkable fill; or b. Covering opening to them with a metal plate of at least 8 millimetres thick and securing it so as to prevent it from shifting. (i) Electricity, natural gas and water must not be cut off if they are necessary to maintain fire protection systems or fire alarms. (j) Where they are not necessary to maintain fire protection systems or fire alarms, electricity, natural gas and water must not be cut off except in a manner satisfactory to an Enforcement Officer. Re s c i n d e d see Fe e s & Ch a r g e s Co n s o l i d a t e d By l a w 13 8 3 GOOD NEIGHBOUR BYLAW 1357 33 SCHEDULE “D” Application for Vacant Building Registration Permit Residential $150.00 Application Fee Commercial $150.00 Application Fee Project Address Date: ______________________ 20 _____. Applicant : ____________________________________________________________________ (Owner/Agent – see attached Agency Agreement) Owner’s Mailing Address: ________________________________________________________ ______________________________________________________________________________________________ Telephone Number(s): Home: ______________________ Other: _______________________ Email Address: _________________________________________________________________ _____________________________________________________ __________________________ SIGNATURE OF APPLICANT DATE Liability Insurance documents included and attached: Town Use Only File Number Fee Collected I, the applicant identified above, hereby apply for a Vacant Building Registration Permit for the Vacant Building identified above. As the owner/or Agent of the Vacant Building/Property, I understand this is only an application to initiate an inspection of the vacant building and that I will allow a Bylaw Enforcement Officer to conduct an inspection of the Building(s) and, if ordered, I will take the necessary actions to bring the property into compliance prior to allowing the building to be re-occupied by any person or company. Re s c i n d e d see Fe e s & Ch a r g e s Co n s o l i d a t e d By l a w 13 8 3 GOOD NEIGHBOUR BYLAW 1357 34 SCHEDULE “E” Fees Explosives and Fireworks Fees Fireworks permit fee $25.00 Blasting permit fee $25.00 Vacant Building Registration Fees Fee for special safety inspection prior to registration permit $200.00 Fee for subsequent inspection not related to Vacant Building Registration Permit $100.00/inspection Fee for Vacant Building Registration Permit (12 months maximum) for each building or structure located on a single and two family zoned properties $300.00 Fee for Vacant Building Registration Permit (24 months maximum) for each building or structure located on all other zoned properties. $400.00 Fee for additional Vacant Building Registration (12 months maximum) $200.00 Attendance by Town of Oliver Fire Services Actual costs incurred by the Town for related labour, materials and equipment Refund 75% of Vacant Building Permit Fee may be refunded if it is remediated or demolished within first six (6) months of registration Excessive Nuisance Abatement Fees RCMP Nuisance Service Call Actual Costs Fire Services Nuisance Actual Costs Other Town Staff Nuisance Services Calls Actual Costs Amended by Bylaw 1357.02 Adopted August 26, 2019