Focus On

POWERS OF MUNICIPALITY - Nuisances - Unsightly property

Tuesday, September 10, 2019 @ 6:29 AM  


Lexis Advance® Quicklaw®
Appeal by Chase Discount Auto Sales and Garrick Automotive from the dismissal of their judicial review application that challenged the respondent’s Property Maintenance Bylaw. An order to comply was issued against the appellants to take remedial action in respect of the condition of their property. The chambers judge found the bylaw was validly enacted and the order to comply was authorized under s. 8 of the Community Charter. He found photographs of the appellants’ property showed badly damaged vehicles and loose wheels sitting among overgrown grass, weeds and shrubs in a manner any reasonable person would find unsightly.

HELD: Appeal dismissed. The order to comply was authorized under s. 8 of the Community Charter, which constituted a stand-alone authority to impose requirements in relation to matters including unsightly conditions on property. The chambers judge did not err in his interpretation of the bylaw. The bylaw was not effectively a zoning bylaw that restricted land use. The chambers judge did not err in considering the photographic evidence that formed part of the record on judicial review.

Chase Discount Auto Sales Ltd. v. Waugh, [2019] B.C.J. No. 1364, British Columbia Court of Appeal, M.V. Newbury, R. Goepel and P. Abrioux JJ.A., July 24, 2019. Digest No. TLD-September92019006