1.1   Bylaw No. 1611-2006 may be cited as "Controlled Substance Property Bylaw, 2006".

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.

1.3   Schedule "A" contains definitions of terms used 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.

Prohibitions

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;

(b) divert, or cause, suffer or permit the diversion of an electrical or water distribution system so that the consumption is not registered by a meter;

(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;

(d) store or use, or cause, suffer or permit the use or storage of Dangerous Goods in any Property in quantities greater than permitted under the British Columbia Fire Code;

(e) construct or install, or cause, suffer or permit the construction or installation of a trap or other device which could cause death or bodily harm to a person entering in or on a Property;

(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;

(g) remove or cause, suffer or permit the removal of fire stopping that is provided or required under an enactment to contain the spread of fire within a Building; or

(h) cause or permit, on any Property, the growth of mould or fungi arising from or in relation to a Controlled Substance.

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

(f) fire stopping is not removed.

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.

Reconnection of services

2.4   If a Property is used as a Controlled Substance Property and:

(a) the supply of electricity, water or natural gas to the Property is disconnected by the City or any other lawful authority;

(b) unauthorized Alterations or repairs are made to structural, electrical, water or gas systems, equipment, appliances or other accessories of any kind; or

(c) a Hazardous Condition exists on the Property;

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

(vi) the Building Official issues a Re-Occupancy Permit for the Property.

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.

(b) After a notice referred to in subsection (a) is posted, no person shall thereafter enter or occupy such Property, except as follows:

(i) an Inspector, while exercising authority under this bylaw;

(ii) a Professional Cleaner, while cleaning and disinfecting the Property; and

(iii) a person certified by the Canadian Registration Board of Occupational Hygienists or the American Board of Industrial Hygiene, during an inspection under this bylaw.

2.6   No person shall:

(a) interfere with or obstruct the entry of an Inspector into or onto any Property;

(b) interfere with or obstruct an Inspector from posting a notice referred to in Subsection 2.5 (a) or Section 8.6; or

(c) remove, alter, cover or mutilate a notice posted under Subsection 2.5 (a) or Section 8.6.

3.1   No person shall cause or permit:

(a) a nuisance as a result of the use or occupancy of any Property;

(b) water, rubbish or unsightly, noxious, offensive or unwholesome matter to collect or accumulate in, on, under or around a Property owned, used or occupied by the person; or

(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;

(b) the use or occupancy of the Property does not cause a nuisance;

(c) no accumulation of water, rubbish, noxious, offensive or unwholesome matter is permitted to collect or accumulate in, on, under or around the Property; and

(d) the Property is not used for a Noxious or Offensive Trade.

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:

(a) enter on and inspect any Property for conditions that may cause a fire, increase the danger of fire or increase the danger to persons or Property from a fire;

(b) take measures to prevent and suppress fires, including the demolition of Buildings to prevent the spreading of fires;

(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

(d) exercise some or all or the powers of the Fire Commissioner under Section 25 of the Fire Services Act, and for these purposes that section applies.

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:

(a) shall inspect the Property at least once every three months to ascertain whether this bylaw was contravened; and

(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:

(a) engage a Professional Cleaner to clean and disinfect the Property, including, but not limited to:

(i) floor and window coverings;

(ii) heating and ventilation distribution systems;

(iii) walls and ceilings; and

(iv) countertops and cabinets; and

(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;

(c) the Owner notifies all prospective Occupiers of the Property, in writing, that the Property was used as a Controlled Substance Property and that the requirements of this bylaw were met; and

(d) where there was any Alteration to the Property:

(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;

(ii) the Property complies with the health and safety requirements of the Building Code (British Columbia), this bylaw and all other health and safety requirements established by law; and

(iii) a Re-Occupancy Permit is issued following any necessary repairs.

5.4   All requirements of Section 5.3 must be completed and a Re-Occupancy Permit obtained by the Owner within 90 days of the receipt by the City of the certification referred to in Section 5.2 (b).

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.

B/L 2605-2016

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.

B/L 2605-2016

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;

(c) to inspect, disconnect or remove a water service under Sections 2.1 and 8.6 of this bylaw;

(d) to carry out a Safety Inspection where an Inspector considers that a Hazardous Condition may exist on the Property.

8.1   Division 12 of Part 3 of the Community Charter applies to 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 31^st 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.