WHEREAS the appearance of run-down and poorly maintained vacant buildings can have negative impacts on adjacent residents and businesses, can result in decreased neighbourhood property values that affect local government property tax revenues and can deter investment in the redevelopment of adjacent lands; AND WHEREAS such negative impacts can arise where a vacant building meets all applicable safety standards, and does not yet constitute a nuisance or violate bylaw requirements for the prevention of unsightly conditions on property; AND WHEREAS a municipalitys authority under the Community Charter to regulate, prohibit and impose requirements regarding the aesthetic condition of vacant buildings is not specifically defined and may be limited by the fact that: - The authority under section 83l applies to buildings and other structures only for the purpose of health, safety and protection of persons and property; and - The authority under section 64k is limited to graffiti and unsightly conditions on property: THEREFORE BE IT RESOLVED that the Union of British Columbia Municipalities support an amendment to the Community Charter to grant specific local government authority to regulate, prohibit and impose requirements on owners or occupiers of property concerning the aesthetic condition of vacant buildings.
MINISTRY OF COMMUNITY SERVICES Municipalities have broad authority under the Community Charter to regulate, prohibit and impose requirements in relation to a range of matters. Section 83l provides the fundamental power to create bylaws for the protection and enhancement of the well-being of the community in relation to various nuisances, disturbances and objectionable situations described in section 64. Based on the authority to deal with nuisances and related issues, many municipalities have enacted unsightly premises bylaws andor property maintenance bylaws to address conditions that negatively impact community enjoyment and neighbourhood property values. Provisions that establish objective indicators to clarify the meaning of unsightly are often included in such bylaws, helping target undesirable aesthetic conditions of properties beyond matters like garbage and graffiti. Under section 74, a council can also declare a building or structure, or a thing so dilapidated or unclean that it offends the community, to be a nuisance and impose remedial action requirements. Tools are also available under the Community Charter that could be used as incentives for property owners to develop their vacant properties. Revitalization tax exemptions and exemptions for heritage property are two examples. Such tools could be useful in relation to vacant or derelict properties of particular strategic interest to a community for example, to encourage development of properties important for downtown revitalization. The Community Charter attempts to balance broad powers for local governments to meet community goals with a flexible range of solutions that can be tailored to appropriately address the varying scope of issues in diverse communities in British Columbia. Local governments authority to impose requirements on property owners should be considered in a balanced way when potentially subjective aesthetic conditions are concerned so that any solution reflects different community interests and is not out of proportion to the scope of the issue.