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Esquimalt bylaw to crack down on nuisance, unsightly properties

Esquimalt plans to clamp down on nuisance and unsightly properties. Council has given approval to an updated bylaw to deal with such sites.
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Esquimalt council has given approval to an updated bylaw to deal with nuisance and unsightly properties.

Esquimalt plans to clamp down on nuisance and unsightly properties.

Council has given approval to an updated bylaw to deal with such sites.

Updating the bylaw became a priority after council received a number of complaints about the condition of some properties.

“A lot of complaints had to do with absentee landlords who, quite frankly, have been quite irresponsible in maintaining their properties. It has a negative effect on the community,” Coun. Tim Morrison said.

“It affects everyone else’s property values. It affects the image of the community, and it basically is a detriment to the community’s natural beauty.”

Mayor Barb Desjardins was not as quick to attribute problems to absentee owners.

“There are certain properties, certainly, and we just need to have a bylaw that has a bit of teeth in it so we can follow the correct process,” she said.

Under the new bylaw, an “unsightly property” is one that as a whole looks unkempt, unmaintained, dilapidated or in disrepair due to the presence of graffiti, refuse, decaying buildings or uncontrolled plants.

Esquimalt staff said the previous bylaw did not clearly define unsightly and nuisance properties. The municipality will begin enforcing the new bylaw immediately, focusing on properties that have been the subject of community complaints.

“What we’ve done is to tidy a bunch of things up and make it clearer to help us to be able to do something which council has said is a priority, which is to move forward with dealing with bylaws and how to best enforce them,” Desjardins said.

While enforcement of bylaws is generally driven by complaints, the updated bylaw gives municipal staff the authority to investigate and proceed proactively, Morrison said.

The bylaw replaces and incorporates the noxious weeds bylaw and the noise control bylaw.

It also clarifies the obligations for the maintenance of sidewalks and boulevards in front of a property, and mandates that house numbers be clearly visible from the road.

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An eyesore, for sure

Under the new bylaw, an “unsightly property” is one that displays one or more of the following characteristics to such an extent that as a whole it looks unkempt, unmaintained, dilapidated or in disrepair:

• The accumulation of refuse, graffiti or derelict vehicles

• Plants, bushes, hedges, shrubs and trees that are decaying, dying or dead or are demonstrating uncontrolled growth

• Any building, structure fence, external surface or parts thereof that contains holes, breaks, rot, or that is crumbling or cracking or is covered with rust or peeling paint, or any other evidence of physical decay, neglect, excessive use or lack of maintenance

• Any other similar condition of disrepair, dilapidation, deterioration or uncleanliness, regardless of the condition of other properties in the neighbourhood