Abbotsford : Règlement no 3068, art. 1(a) — Good Neighbour Bylaw, 2024

a substance possessed in accordance with an authorization issued under the Controlled Drugs and Substances Act, or

• (b) a substance possessed in relation to an order of the Minister of Health issued under the Emergency Health Services Act or the Health Authorities Act; "controlled substance property" means a property used for the cultivation, production, use, sale or trade of a controlled substance; "dangerous goods" has the same meaning as in the Transport of Dangerous Goods Act; "discarded materials" includes materials not in use for the construction or maintenance of a building situated on a property and not neatly piled or stacked against a wall or fence, such as appliances, inoperable vehicles or motor vehicle parts, machinery, compostable waste, firewood, and any other chattels in a dismantled state or not in use for the purpose for which the manufacturer intended; "disinfect" means to cause a property to be substantially free of any pesticides, fertilizers or toxic chemicals, moulds or fungi; "drainage facility" includes a drain inlet, a catch basin grate, a culvert headwall and a lawn basin inlet; "excessive nuisance abatement fee" includes the following fully loaded costs and expenses incurred while responding to a nuisance service call for the purpose of abating a nuisance activity, condition or conduct:
• (a) peace officer and City staff salaries;
• (b) peace officer, fire and City equipment and vehicles;
• (c) administration costs incurred by the City to respond to a nuisance service call and abate a nuisance;
• (d) repairs to damaged City equipment, vehicles or property; "fire chief" has the same meaning as in the Fire Service Bylaw; "general manager" means the general manager responsible for legal and legislative services of the City, and includes a person acting under the authority of the general manager; "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 engineer or a domestic enactment; 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; "hazardous condition" means
• (a) any real or potential risk of fire,
• (b) any real or potential risk to the health or safety of a person or property,
• (c) any unapproved building alteration or other modifications made to a property, or
• (d) repairs needed to a property; "herbicide" means a substance used to control a noxious weed; "highway" has the same meaning as in the Street and Traffic Bylaw; "inoperable vehicle" means any motor vehicle, including an unregistered motor vehicle, that cannot be started and moved under its own power without the assistance of another person, motor vehicle, or gravity; "inspector" means
• (a) the general manager,
• (b) the fire chief,
• (c) a building official,
• (d) a bylaw enforcement officer,
• (e) a peace officer,
• (f) the manager, bylaw services,
• (g) the engineer,
• (h) a person designated by the City to inspect buildings in respect of gas or electrical standards, and
• (i) 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 (h); "manager, bylaw services" means the person in charge of bylaw services, or that person's designate; "motor vehicle" has the same meaning as in the Motor Vehicle Act; "noxious or offensive business activity" includes a business activity conducted in connection with a controlled substance property; "noxious weed" has the same meaning as in the Weed Control Act; "nuisance service call" means a City or peace officer response to and abatement of any activity, conduct or condition occurring on or near a property that substantially and unreasonably interferes with another person's use and enjoyment of a public place or of property occupied by that person, or that causes injury to the health, comfort or convenience of an occupier of property and that is caused by or arises from a person's failure to comply with the requirements of this bylaw; "outdoor light" means any light source that is not fully enclosed in a building or structure; "parcel" has the same meaning as in the Community Charter; "park" has the same meaning as in the Parks Bylaw; "pesticide" 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 Workplace Hazardous Materials Information System (WHMIS); "public place" means
• (a) a highway open to public use, and
• (b) any park, building, conveyance, private place or passageway to which the public has, or is permitted to have access or is invited; "re-occupancy permit" means a document in writing issued by a building official to re-occupy a 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 in a special safety inspection are corrected; "roadway" has the same meaning as in the Motor Vehicle Act; "rubbish" means solid and semi-solid wastes including, paper, trash, refuse, cardboard, waste material, demolition material, cans, bottles, yard clippings, wood, rubber, plastics, glass, bedding, mattresses, crates, pallets, rags, barrels, boxes, scrap iron and other metal, scrap paving material, broken flower pots, discarded tanks of fuel and propane, discarded household appliances and discarded furniture; "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 controlled substance property, including
• (a) all costs, including salaries and other related personnel costs, such as 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, and
• (d) actual costs incurred for legal fees; "shielded" means attached covers or shades for outdoor light fixtures that prevent light trespass, such as back, front, or side shields, as well as uplight shielding to ensure that light is not emitted above a horizontal plane. "sidewalk" has the same meaning as in the Motor Vehicle Act; "sight-distance" means a clear line of vision between conflicting motorists, cyclists and pedestrians that allows sufficient time for safe manoeuvres to be made without significantly affecting the conflicting traffic; "special safety inspection" means an inspection coordinated with a municipal department, provincial or federal authorities and independent professionals or contractors as may be necessary to ascertain hazardous conditions or contraventions that may exist under the BC Building Code, BC Fire Code, Safety Standards Act, Health Act, or other applicable enactments, but does include an inspection pursuant to an emergency call for police, fire or ambulance services or an inspection carried out under a warrant as part of a criminal investigation; "structure" has the same meaning as in the Building Bylaw; "temporary structure" includes a tent, canopy or tarp; "transfer station" has the same meaning as in the Soil Removal and Deposit Bylaw; "vacant premises" means a building, structure, or other improvement that has been unoccupied
• (a) for a continuous period of more than 30 days, or
• (b) as a result of a fire, disaster, inevitable accident, force majeure or other unavoidable casualty for any length of time. Interpretation