Bylaw No. 1611-2006
Consolidated and printed by authority of the Corporate Officer under section 139 of the Community Charter. Includes amendment bylaws 2559-2016, 2605-2016, 2626-2016 and 3063-2020 . Last amended August 31, 2020
|Part I — Interpretation|
|Part II — Property Health and Safety Regulations|
|2.4 Reconnection of services|
|Part III — Nuisances and Noxious or Offensive Trades|
|Part IV — Fire Protection|
|Part V — Inspection and Remediation of Property|
|Part VI — Fees|
|Part VII — Inspections|
|Part VIII — Enforcement, Offence and Penalties|
|Part IX — 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, 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.
1.4 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 No person shall:
(a) disconnect, or cause suffer or permit the disconnection of a meter installed to ascertain consumption of electricity or water from an electrical or water distribution system if the disconnection is to prevent the electrical or water supplier from ascertaining consumption;
(c) divert or install, or cause, suffer or permit the diversion or installation of exhaust vents of hot water tanks or furnaces so as to exhaust into or within a Building instead of by way of an exhaust vent constructed or installed in compliance with all applicable enactments including, without limitation, the British Columbia Building Code;
(f) construct or install, or cause, suffer or permit the construction or installation of any obstruction of an exit or an access to an exit required under the British Columbia Building Code or other enactment;
2.2 The Owner or Occupier of every Property must ensure, at all times, that:
(a) water and electrical meters referred to in Section 2.1 (a) and installed on the Property remain properly connected to the electrical or water distribution systems and operate only for the purposes intended;
(b) exhaust vents of hot water tanks or furnaces referred to in Section 2.1 (c) are installed, operated and maintained in accordance with all applicable enactments including, without limitation, the British Columbia Building Code;
(c) the Property contains no Dangerous Goods referred to in Section 2.1 (d) in quantities greater than permitted under the British Columbia Fire Code;
(d) no trap or other device referred to in Section 2.1 (e) is located or contained anywhere on the Property;
(e) no obstruction of an exit or an access to an exit exists on the Property as referred to in Section 2.1 (f); and
2.3 Every Owner or Occupier of Property that fails to comply with the requirements of Section 2.2 commits an offence under this bylaw.
2.4 If a Property is used as a Controlled Substance Property and:
the supply of electricity, water or natural gas must not be permanently reconnected and the Property must not be occupied or used until:
(i) the Owner or Occupier applies to the Inspector for a Restoration Inspection, pays the Restoration Inspection fee prescribed in Schedule "B" and deposits performance security with the City in accordance with the requirements of Schedule "B";
(ii) the Property is inspected by the Building Official and all other lawful authorities with jurisdiction over the supply of electricity, water or natural gas, for compliance with all health and safety requirements of the City's bylaws and any provincial statutes or regulations relating to Building, electrical, water, health, gas or fire safety, as amended from time to time;
(iii) the Owner or Occupier obtains all permits, approvals or authorizations required to carry out the work necessary to bring the Property into compliance with the City's bylaws and all applicable provincial statutes and regulations, as amended from time to time;
(iv) all of the work referred to in this section is completed and inspected by the Building Official and all other lawful authorities with jurisdiction, and the Property complies with the City's bylaws and all applicable provincial statutes and regulations, as amended from time to time;
(v) the Owner or Occupier pays all fees imposed under this bylaw and prescribed in Schedule "B" of this bylaw and all other relevant City bylaws relating to the inspection of the Property and the issuance of permits, and
2.5 (a) An Inspector may post a notice in the form prescribed by the General Manager on any Property that was used as a Controlled Substance Property, indicating that the Property is in an unsafe condition.
2.6 No person shall:
3.1 No person shall cause or permit:
(c) the carrying on of a Noxious or Offensive Trade in or on any Property, including but not limited to the production, storage, transfer or disposal of substances that emit offensive odours, fumes or particulate matter.
3.2 An Owner or Occupier of Property must ensure, at all times, that:
(a) no growth of mould or fungi, as referred to in Section 2.1 (h), is present in, on or around the Property;
3.3 Every Owner or Occupier who fails to comply with the requirements of Section 3.2 commits an offence under this bylaw.
4.1 The Fire Chief may:
(c) order an Owner or Occupier of Property to undertake any actions directed by the Fire Chief to remove or reduce any thing or condition which the Fire Chief considers is a fire hazard or increase the danger of fire; and
4.2 Every Owner or Occupier of Property must undertake any action directed by the Fire Chief to remove or reduce any thing or condition which the Fire Chief considers is a fire hazard or increases the danger of fire, and failure to do so shall constitute an offence under this bylaw.
5.1 Every Owner of a Property which is occupied or used by persons other than the Owner:
(b) who has knowledge of this bylaw's contravention in relation to the Property, shall within 24 hours of the discovery of the contravention, deliver written notice to the City of the particulars of the contravention.
5.2 Where a Safety Inspection confirms that a Property was used as a Controlled Substance Property, the Owner of the Property must, within 30 days of receiving a written notice from the Inspector:
(b) provide written certification to the General Manager from an individual or corporation certified by the Canadian Registration Board of Occupational Hygienists or the American Board of Industrial Hygiene, in the form prescribed by the General Manager, confirming that, upon inspection, the requirements of Section 5.2 (a) were satisfied and that the Property is substantially free of any Pesticides or fertilizers or any toxic chemicals, moulds or fungi.
5.3 A Controlled Substance Property shall not be occupied or used by any person until:
(a) the remedial measures prescribed by Section 5.2 (a) of this bylaw are completed;
(b) the written certification required by Section 5.2 (b) is provided to the General Manager;
(i) a building permit is obtained from the City for any existing or proposed Alteration for which a permit is required under the City's Building Bylaw, 2018;
5.5 Where, within the time periods specified in this bylaw:
(a) the certification required under Section 5.2 (b) is not received; or
(b) the work required in Section 5.3 (d) is not completed and a Re-Occupancy Permit issued;
and where, having regard to the particular nature and scope of the work to be carried out, the Building Official considers that additional time is required to properly complete such work, the Building Official may authorize an extension of 30 days to complete the work, upon payment of the fee prescribed in Schedule "B".
6.1 Where the City carries out an inspection or provides a service to Property under this Bylaw, the Owner or Occupier of such Property shall pay the applicable fees, prescribed in Schedule "B", and Service Costs, as directed to be paid by the Inspector, for that inspection or service.
6.2 An Owner or Occupier who is subject to a decision or direction of the Inspector may, within 30 days of receipt of an invoice or account demanding payment of Service Costs, require that Council reconsider the requirement to pay, or the amount of, the Service Costs, at which time the Owner or Occupier shall be given an opportunity to be heard by Council, in accordance with the City's Appeal Procedure Bylaw, 2016.
7.1 Subject to the Community Charter, an Inspector may enter on Property for the following purposes:
(a) to inspect and determine whether all regulations, prohibitions and requirements under this bylaw or other enactments are met in relation to any matter for which the Council, a municipal officer or employee or a person authorized by the Council exercised authority under this or another bylaw to regulate, prohibit or impose requirements;
(b) to take action authorized under Section 8.4 of this bylaw;
8.2 [Repealed, B/L 3063-2020.]
Every person who contravenes this bylaw commits an offence and is subject to enforcement and penalties in accordance with the Bylaw Enforcement Bylaw.
8.3 If an Owner or Occupier of Property fails to comply with a requirement of the City under this bylaw or another enactment, within the time specified in the order or notice:
(a) the City and its workers and contractors may enter the Property along with all necessary equipment, vehicles and supplies, and take such action as may be required to correct the default, remediate the Property or bring it up to a standard specified in the bylaw or enactment, at the expense of the Owner or Occupier that failed to comply;
(b) the City may recover the costs incurred under subsection (a) as a debt and in the same manner and with the same remedies as property taxes; and
(c) if costs incurred under subsection (a), or any fees imposed for work or services provided to a Property remain unpaid on the 31st day of December in the year that the default was corrected or the fees imposed, the costs and fees shall be added to and form part of the taxes payable on the Property as taxes in arrear.
8.4 The City may, on 24 hours written notice, or such other period of time as may be reasonable in the circumstances, discontinue water service to a Property if the water was, or is, used for the purposes of a Controlled Substance Property. The Owner and Occupier of such Property and any other person affected by the discontinuance of the water service will, upon written request, be provided with an opportunity to make representations to Council regarding such discontinuance.
8.5 Every person who removes, interferes with, alters or tampers with a water service that was discontinued under Section 8.6 and sealed by the City, commits an offence under this bylaw.
8.6 No person shall use or alter, or cause, suffer or permit the use or alteration of the City's water distribution system for the purpose of cultivating or the manufacture of a Controlled Substance.
9.1 City of Abbotsford Bylaw No. 1392-2004, cited as "Controlled Substance Property Bylaw, 2004", and all amendments are repealed.
In this Bylaw:
"Alteration" means any change made to the structural, mechanical or electrical components of a Controlled Substance Property;
"Building" means any structure or construction for any use or occupancy;
"Building Official" has the same meaning as set out in the City's Building Bylaw, 2018.B/L 2626-2016
"City" means all of the area within the boundaries of the City of Abbotsford;
"Contaminants" means unwholesome or undesirable elements which make a Property unfit for habitation;
"Controlled Substance" means a controlled substance as defined and described in Schedules I, II and III of the Controlled Drugs and Substances Act, 1996 c. 19, as may be amended from time to time, but does not include the trade or manufacture of a controlled substance that is permitted under that Act or otherwise lawfully permitted under the City's Business Licence Bylaw, 2006;
"Controlled Substance Property" means any Property used for the cultivation, production, use, sale or trade of a Controlled Substance and includes, without limitation, a Property used for a marijuana grow operation or as a facility for the production of methamphetamines or dextro amphetamines;
"Council" means the Council of the City of Abbotsford;
"Dangerous Goods" means those products or substances regulated by the Transportation of Dangerous Goods Act (British Columbia) and its Regulations, both as amended from time to time;
"Engineer" means the City's General Manager, Engineering and Regional Utilities, or designate. B/L 2626-2016
"Fire Chief" means the person appointed to that position for the Abbotsford Fire Rescue Service or designate;
"General Manager" means the City's General Manager, Finance and Corporate Services, or designate. B/L 2626-2016
"Hazardous Condition" means:
(a) any real or potential risk of fire;
(b) any real or potential risk to the health or safety of persons or property;
(c) any unapproved Building Alteration or other modifications made to a Property; or
(d) repairs needed to a Property;
(a) the General Manager;
(b) the Fire Chief;
(c) a Building Official;
(d) bylaw enforcement officers;
(e) a peace officer, including a member of the Abbotsford Police Department;
(f) the Manager, Bylaw Services, or designate;
(g) the Engineer;
(h) a secondary suite and business licence inspector;
(i) persons designated by the City to inspect Buildings in respect of gas or electrical standards; and
(j) other persons designated by Council by name or office or otherwise to act in the place of the persons, officers or employees referred to in paragraphs (a) to (j).
"Noxious or Offensive Trade" includes a Controlled Substance Property;
"Occupier" has the same meaning as in the Community Charter;
"Owner" has the same meaning as in the Community Charter;
"Pesticides" means a substance or mixture, including a chemical, used to destroy, prevent, repel or mitigate fungi or animal pests or microorganisms such as bacteria or viruses, and includes herbicides, fungicides, other substances used to control pests, plant regulators, defoliants or desiccants;
"Professional Cleaner" means a person experienced in removing Contaminants from a Property who possesses a Building Services Worker Certificate and is trained in the Work Place Hazardous Materials Information System (WHMIS);
"Property" includes, as the context requires, real property, land, and a Building;
"Re-Occupancy Permit" means a document in writing issued pursuant to this bylaw by a Building Official to re-occupy any Building or part in respect of which the Building Official issued an order to cease occupancy because of a Hazardous Condition;
"Restoration Inspection" means an inspection by a Building Official confirming that Building deficiencies identified as a result of a Safety Inspection are corrected;
"Safety Inspection" means an inspection by the Inspector coordinated with such other departments, jurisdictions and contractors as are necessary to inspect and investigate a Hazardous Condition which may exist on or in a Property and to issue such orders as are applicable pursuant to this bylaw, the British Columbia Building Code, the British Columbia Fire Code, the Health Act and other applicable regulations and bylaws of the City;
"Service Costs" means all direct and indirect costs incurred by the City for the dismantling and removal of materials, equipment and by-products from a Property used for a Controlled Substance, and includes without limitation:
(a) all costs, including salaries and other related personnel costs, including stand-by costs, incurred for dismantling, disassembly, removal, clean-up, transportation, storage and disposal of equipment, substances, materials and other paraphernalia associated with such use, trade, business or manufacture;
(b) costs incurred to replace consumables, or to replace equipment following exposure to Contaminants;
(c) costs incurred as the result of the analysis of the materials found at the Property and the health and safety conditions at the Property;
(d) actual costs incurred for legal fees.
Fees and Performance Security
1. Inspection, Water Service Connection and Disconnection
The following fees are payable under this Bylaw:
Restoration Fee, which includes not more than two follow-up inspections by a Building Official, to be paid prior to inspection
Each additional Restoration Inspection by a Building Official before issuance of a Re-Occupancy Permit
Safety Inspection Fee
Shutting off a water distribution system
Reconnecting a water distribution system
Re-inspecting and re-sealing water distribution system after Alteration or tampering
Extension of time period to complete work
Register a Land Title Notice
Discharge a Land Title Notice
2. Performance Security
(a) Performance security in the amount of $1,000, and in the form of cash or an irrevocable letter of credit, shall be paid before a Restoration Inspection is performed; and shall be retained by the City until such time as a Re-Occupancy Permit is issued. No interest shall be paid to the applicant on the performance security held by the City.
(b) The performance security may be applied by the City against any unpaid costs or expenses incurred by the City relating to a Restoration Inspection, damage to City property or work provided by the City to or in connection with Property including, but not limited to costs and expenses to:
(i) repair, install, or replace City property where such damage is attributable to the carrying out of work in connection with a Restoration Inspection;
(ii) clear any debris, materials, dirt, chattels, or equipment, which accumulated on any street, road, avenue, alley, sidewalk, boulevard, or any part of a road allowance, as a result of work carried out in connection with a Restoration Inspection.
(c) The performance security, or balance, shall be returned to the person who deposited the performance security after:
(i) final inspection and acceptance by the Building Official; and
(ii) the Engineer ascertains that either no damage occurred or, if any damage to City property occurred, the damage was repaired or corrected to the Engineer's satisfaction.
Health and Safety Issues
1. Structural (load bearing) elements;
2. plumbing, heating, and ventilation systems;
3. smoke alarms (to the requirements of the current British Columbia Building Code);
4. insulation, vapour barriers and drywall;
5. windows, doors and stairs (to the requirements of the current British Columbia Building Code);
6. handrails and guards; and
7. electrical systems.
Unless otherwise specified or required under the City's Building Bylaw, 2018 or the British Columbia Building Code, all repairs shall be to the as-built, pre-existing condition of the Building before any Alteration or deficiencies that result from its use as a Controlled Substance Property.