Bylaw No. 1256-2003
Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 1443-2005, 1573-2006, 1811-2008, 1854-2009, 1998-2010, 2372-2015, 2565-2016 and 2688-2017. Last amended May 10, 2017
|Part I — Interpretation|
|Part II — Street Nuisances|
|2.1 Restrictions on Panhandling|
|2.7 Use of Highways|
|Part III — Littering|
|3.2 Dog Faeces|
|Part IV — Property Maintenance|
|4.4 Unsightly premises|
|4.7 Boulevard maintenance|
|4.8 Sidewalks and pedestrian facilities|
|4.10 Rental premises|
|4.11 Vacant premises|
|4.12 Compliance orders|
|Part V — Enforcement and Penalty|
|5.2 Offence and penalties|
|5.3 Repeat nuisance service calls|
|Part VI — Repeal|
The Council of the City of Abbotsford, in open meeting assembled, ENACTS AS FOLLOWS:
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 or the context otherwise requires.
1.4 In this Bylaw, unless the context otherwise requires, the singular shall include the plural and the masculine includes the feminine gender.
1.5 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.
1.6 If any part of this Bylaw is for any reason held invalid by any court of competent jurisdiction, the invalid portion shall be severed and the severance shall not affect the validity of the remainder.
2.1 Schedule "B" contains definitions of terms used in Part II of this Bylaw.
2.2 No Person shall Panhandle within 10 meters of:
2.3 No Person shall Panhandle from an occupant of a motor vehicle which is:
2.6 No Person shall continue to Panhandle from a Person, or follow a Person, after that Person has made a negative response.
2.7 No Person shall:
(h) cast, project or throw any stone, ball of snow or ice or other object in any manner which is dangerous to the public, or use any compressed air gun, bow or arrow, catapult or other such device on any Highway or Other Public Place;
3.3 No Person shall deliver circulars, pamphlets, handbills or papers to or within any Real Property or building located on the Real Property, unless such deliveries are deposited within a receptacle provided by the owners or occupiers of the Real Property or building.
3.4 No Person shall deposit or throw bottles, broken glass, circulars, pamphlets, handbills, paper or other litter, rubbish or trash in any open place.
4.2 No Person shall place Graffiti, or cause Graffiti to be placed, on any wall, fence or other structure, improvement or thing located in any Highway or Other Public Place.
4.3 No Person shall place Graffiti, or cause Graffiti to be placed, on any wall, fence, building or structure that is located on Real Property and adjacent to a Highway or Other Public Place.
4.4 An owner or Occupier of Real Property must not cause, permit, suffer or allow the property to become or remain unsightly, and in particular must not:
(a) keep a derelict, deteriorating, inoperative or unused vehicle, boat, or household appliance, or any parts thereof, on the property, whether or not covered by a tarpaulin or similar device, except as part of a lawful business operating under a licence from the City;
so that the vehicle, boat, appliance, parts, accumulation, Graffiti or grass is visible to persons passing by the property or from neighbouring properties.
4.5 An owner or Occupier of Real Property must not cause, permit, suffer or allow on or around the property:
4.6 Every owner or Occupier of Real Property must remove or cause to be removed from the property any and all of the things or conditions mentioned in Sections 4.4 and 4.5 and any and all other unsightly, offensive, unsanitary or unwholesome or noxious things or conditions of any kind, on a regular basis or when directed to do so by the Manager.
B/L 1998-2010, 2688-2017
4.7 Every owner or Occupier of Real Property shall maintain in a clean, tidy and well-kept condition every Boulevard fronting on the Real Property and, without limiting the generality of the foregoing, shall:
except that where the Real Property is a through lot abutting both an Arterial Road and an internal street that runs approximately parallel to the Arterial Road, the owner or Occupier need not maintain the Boulevard fronting the Arterial Road unless the front of the house faces such Arterial Road.
4.8 Every owner or Occupier of Real Property shall:
except that where the Real Property is a through lot abutting both an Arterial Road and an internal street that runs approximately parallel to the Arterial Road, the owner or Occupier need not remove the snow or ice as required herein with respect to the Boulevard that fronts the Arterial Road, unless the front of the house faces such Arterial Road.
4.9 No Person shall:
4.10 Every owner of Residential Premises or Residential Property subject to a Tenancy Agreement shall:
(a) maintain the physical condition and structural repair of the Residential Premises or Residential Property to the health, life safety and fire protection standards of the British Columbia Building Code and the City of Abbotsford Fire Prevention Bylaw; and
4.11 No owner of Real Property shall cause or create a nuisance, or permit a nuisance to be caused or created by allowing a vacant building on the Real Property to fall into such a state of disrepair that it becomes unsightly or creates a hazard, danger, nuisance or inconvenience to the general public.
4.12 If, in the opinion of the Manager, the owner of Real Property or other responsible Person fails to comply with a requirement of this Bylaw, the Manager 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 Manager considers appropriate in the circumstances.
4.13 If the owner or other responsible Person fails to comply with the Manager's order within the time period specified in such notice, the City, 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 City to achieve compliance with this Bylaw including, without limitation, administrative costs, costs to attend property by City employees or its contractors and the costs of removal, clean up and disposal.
4.14 If an owner or other responsible Person defaults in paying the cost referred to in Section 4.13 to the City within 30 days after receipt of a demand for payment from the City, the City may either recover from the owner or other responsible Person, in any court of competent jurisdiction, the cost as a debt due to the City, or direct that the amount of the cost be added to the Real Property tax roll as a charge imposed in respect of work or service provided to the Real Property of the owner.
4.15 Service of the order referred to in Section 4.12 will be sufficient if a copy of the order is: B/L 2668-2017
(a) a violation of any of the provisions identified in this Bylaw will result in liability for penalties and late payment amounts established in the City's Bylaw Notice Enforcement Bylaw, 2007, and Municipal Ticket Information Bylaw, 2007;
(b) a violation of any of the provisions identified in this Bylaw will be subject to the procedures, restrictions, limits, obligations and rights established in the Bylaw Notice Enforcement Bylaw, 2007, in accordance with the Local Government Bylaw Notice Enforcement Act, SBC 2003, c. 60;
is deemed to have committed an infraction of, or an offence against, this Bylaw; and is liable on summary conviction to a fine of not more than Ten Thousand Dollars ($10,000.00); and
5.3 Where Abbotsford Police Department or other City officials are required to respond to a Real Property for:
the owner of the Real Property shall be liable to pay an Excessive Nuisance Abatement Fee in accordance with the amounts set out in the City's Fees and Charges Bylaw, 2006, for each additional Nuisance Service Call responded to at that same Real Property within the 12 month period following the date of the Manager's notice referred to in Section 5.5 .
B/L 1443-2005, 2688-2017
5.4 Despite Section 5.3 , where legal title to a Real Property is transferred, Nuisance Service Calls made before the date that the new owner obtains legal title to the Real Property shall not apply to a determination under Section 5.3 of whether Excessive Nuisance Abatement Fees are payable. The new owner shall, in any event, be liable for all unpaid Excessive Nuisance Fees imposed against the Real Property in respect of past Nuisance Service Calls.
B/L 1443-2005, 2688-2017
5.5 Before imposing an Excessive Nuisance Abatement Fee, the Manager shall first provide written notice to the owner of the Real Property:
(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 City's right to seek other legal remedies or actions for abatement of the nuisance.
5.6 Service of the notice referred to in Section 5.5 will be sufficient if the notice:
(a) in the case of service on an individual, is served personally or mailed by prepaid registered mail to the address of the owner shown on the current year's real property assessment roll for the Real Property for which the notice is issued;
(b) in the case of service on a corporation, is served personally on a director, officer or manager of the corporation or by leaving it at or mailing it by prepaid registered mail to the registered office of the corporation.
B/L 1443-2005, 2688-2017
5.7 Excessive Nuisance Abatement Fees shall be paid by the owner on receipt of an invoice from the City. 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.
5.8 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 the Excessive Nuisance Abatement Fees, at which time the owner of the Real Property shall have an opportunity to be heard by Council.
6.1 The following Bylaws of the City and their amendments are repealed:
In this Bylaw, unless the context otherwise requires:
"Bylaw Enforcement Officer" means a Peace Officer, as defined in the British Columbia Interpretation Act and those Persons designated Bylaw Enforcement Officers in the City's Municipal Ticket Information Bylaw, 2007 to enforce the provisions of this Bylaw;
"City" means the City of Abbotsford or the area within the municipal boundaries as the context may require;
"Council" means the Council of the City of Abbotsford;
"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:
(1) the cost of Abbotsford Police Department and City staff salaries, including all fringe benefits;
(2) the cost of using Abbotsford Police Department, Fire and City equipment and vehicles;
(3) the administration costs incurred by the City to respond to a Nuisance Service Call and abate a nuisance; and
(4) the cost of repairs to damaged City equipment, vehicles or property
"Graffiti" includes one or more letters, symbols, writing, pictures or marks, however made, posted, scratched, painted or drawn on any structure or thing but does not include any of the following:
(a) a sign, public notice or traffic control mark authorized by the Director of Engineering, a City bylaw or Provincial or Federal legislation; or
(b) in the case of private property, a letter, symbol or mark for which the owner of the property on which the letter, symbol or mark appears has given prior, written authorization;
"Highway or Other Public Place" includes every street, road, land, boulevard, sidewalk, lane, bridge, viaduct and any other way 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;
"Manager" means the City's Manager, Bylaw Enforcement, or designate; B/L 1998-2010
"Noxious Weed" means any weed designated by regulation to be a Noxious Weed pursuant to the British Columbia Weed Control Act;
"Nuisance Service Call" means a City or Abbotsford Police Department response to and abatement of any activity, conduct or condition occurring on or near Real Property which substantially and unreasonably interferes with another Person's use and enjoyment of a public place or of Real Property occupied by that Person, or which causes injury to the health, comfort or convenience of an occupier of Real Property and which is caused by or arises from a Person's failure to comply with the requirements of this Bylaw;B/L 1443-2005
"Peace Officer" has the same meaning as in the British Columbia Interpretation Act and includes a Bylaw Enforcement Officer;
"Pedestrian Facility" means a structure for pedestrian use including a walkway, sidewalk, stairs, ramp, and curb letdown;
"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;
"Real Property" means land, with or without improvements so affixed to the land as to make them in fact and in law a part of the Real Property and includes, as the context requires, individual premises located on Real Property;B/L 1443-2005
"Roadway" means a portion of a Highway improved for use for vehicular travel;
"Traffic Control Signal" means a Traffic Control Signal as defined in the British Columbia Motor Vehicle Act.
In Part II of this Bylaw, unless the context otherwise requires:
"Automated Teller Machine" means a device linked to a financial institution's account records which is able to carry out transactions, including, but not limited to, account transfers, deposits, withdrawals, balance inquiries, and mortgage and loan payments;
"Bus Stop" means a section of Street which is reserved for the loading and unloading of buses and where parking and stopping of all other vehicles is prohibited;
"Harassed "includes, but is not limited to, torment, trouble, worry, cause distress or pester continually;B/L 1443-2005
"Minor" means an individual under 19 years of age; B/L 1443-2005
"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 soliciting by the holder of a permit issued by the City of Abbotsford;
"Street" means any Highway, Roadway, sidewalk, boulevard, place or way which the public is ordinarily entitled or permitted to use for the passage of vehicles or pedestrians and includes a structure located in any of those areas; and
"Trust Company" means an office or branch of a Trust Company to which The Trust and Loan Companies Act (Canada) applies and in which deposit accounts are held.
In Part III of this Bylaw, unless the context otherwise requires:
"Dog" means any animal of the canine species;
"Faeces" means excrement of a Dog; and
"Owner" includes any Person who owns, has in their custody or control, or harbours any Dog, or is an occupant of a premise where a Dog is kept.
In Part IV of this Bylaw, unless the context otherwise requires:
"Arterial Road" means an arterial Highway as classified under the British Columbia Highway Act;
"Boulevard" means the area of a Highway between the edge of the pavement or curb of the Roadway and the adjacent property line of the Highway;
"Discarded Materials" include all materials not in use for the construction or maintenance of a building situated on that property, appliances, unlicensed or inoperable motor vehicles or motor vehicle parts, machinery, firewood, unless it is neatly piled or stacked against a wall or fence, and all other chattels in a dismantled state or not in use for the purpose for which the manufacturer intended.
"Drainage Facility" includes Boulevard drainage inlet, catch basin grate, culvert headwall or lawn basin inlet;
"Herbicide" means any kind of material that is used to control Noxious Weeds;
"Occupier" means a Person who occupies Real Property but does not include the Occupier of a unit in an apartment, hotel or institution;
"Pesticide" means any kind of material that is used to control pests, fungi, and insects;
"Residential Premises", "Residential Property" and "Tenancy Agreement" shall have the same meanings as in the Residential Tenancy Act of British Columbia; and
"Sight-Distance" means a clear line of vision between conflicting motorists, cyclists and pedestrians that allows sufficient time for safe maneuvers to be made without significantly affecting the conflicting traffic.