City looks to crack down on chronic nuisances

Annoying neighbours, your days are numbered.

On Monday night, Prince George city council will consider adopting a bylaw to crack down on chronic nuisance properties, give city employees the power to enter a property to abate a nuisance if the owner won’t, and fine the owner and/or the person responsible for the nuisance.

“With respect to the difference between Bylaw No. 8940 and the matters that can be addressed by remedial action orders under the Community Charter, remedial action orders are limited to things such as buildings and structures that are hazardous or so dilapidated or unclean as to be offensive to the community,” city general manager of administrative services Walter Babicz wrote in a report to council. “Bylaw No. 8940 would be directed more at conduct or behaviour of owners and occupiers of prop- erty which give rise to or cause a nuisance.”

Legally, a nuisance is defined as any activity which “substantially and unreasonably interferes with a person’s use and enjoyment of a highway, park or other public area or of land a person owns or occupies, or which causes injury to the health, comfort or convenience of an occupier of land.”

It can include things like noisy parties, loud music, revving engines, screaming, fighting, littering, trespassing, bright lights, odours, vibration, car racing or other irritations.

“The process would be similar to a remedial action order reconsideration (appeal) hearing with council. This is to satisfy the common law requirements of natural justice and procedural fairness. What this means is that before the city can start charging for RCMP, fire department, bylaw enforcement, or other staff attendance at the property, the situation will need to have escalated to the point where city staff consider the matter serious enough to warrant council’s involvement,” Babicz wrote. “In other words, Bylaw No. 8940 does not allow the city to send a bill to any property owner on a ‘one off’ basis simply because the RCMP responded to an isolated complaint.”

The proposed bylaw is a response to a notice of motion by Coun. Brian Skakun in June 2016, which asked city administration to examine the possibility of fining property owners of properties which have been the subject of frequent nuisance complaints to the RCMP, fire department and bylaw services. Skakun raised the issue after city council suspended the business licence of the Connaught Motor Inn over frequent bylaw complaints and police calls to the motel.

“Once an order is made by council, on a going-forward basis the city may start sending the owner of the nuisance property a bill for staff attendance if and when additional complaints are received, provided that staff take action to abate the nuisance (i.e. by attending in response to a complaint and breaking up a loud altercation, noisy party, etc.),” Babicz wrote. “The city would not be able to bill retroactively for such attendances prior to city council making the order.”

If the bylaw is adopted, city administration would develop guidelines for staff on when properties should be brought before city council for a nuisance abatement order, he added.

Under the proposed bylaw, anyone who violates the bylaw can be fined between $200 and $10,000. In addition, if RCMP, fire department or city staff are required to attend the property to abate the problem, the city can fine the person causing the nuisance, the occupier of the land and/or the property owner based on a schedule of hourly fees.

“Bylaw No. 8940 would provide the city with an additional tool to address problematic nuisance properties,” Babicz wrote.

Under the proposed bylaw, anyone who violates the bylaw can be fined between $200 and $10,000.