City council looks to Nanaimo nuisance bylaw

By Wawmeesh G. Hamilton - Alberni Valley News - May 16, 2008

Port Alberni is set to implement a one-year pilot program to deal with nuisance properties.

The program is patterned after Nanaimo’s, which although successful presents logistical and cost challenges in fully implementing it here.

After hearing a report from acting city manager Russell Dyson, councillors passed a motion to explore a one-year pilot project.

A multi-disciplinary team will be set up for six to seven months, and report back to council on their progress.

City and RCMP staff attended a meeting with Nanaimo officials last November.

There, officials reported that they don’t just have a bylaw, but instead a comprehensive program, Dyson said.

Nanaimo uses a multi-disciplinary team comprised of RCMP, city bylaw enforcement officers, health-care professionals, building and fire inspectors and ministry of employment and income assistance representatives.

The team meets once a month to discuss nuisance property complaints and share information, Dyson said.

Nanaimo’s seven bylaw enforcement officers are required to have an intimate knowledge of the B.C. Residential Tenancy Act, and the obligations of a property owner.

“They educate both owners and tenants of the affected properties,” he said.

If problems persist, then a staff report is submitted to council.

A show cause hearing is enacted where the property owner and residents make presentations.

If council declares the property a nuisance, then the bylaw is enacted.

Council then starts a running tab against a property, where subsequent responses by RCMP and bylaw enforcement officers are charged to the property owner.

“If the owner does not pay these bills or resolve the situation, the money is collected through tax sale,” Dyson said.

Although Nanaimo receives on average of 47 cases per year, only three have ever gone as far as council, Dyson said.

“It is not a moneymaker by any means,” he said. “But it’s one tool in the program that council uses in these situations.”

There are logistical and legislational challenges in bringing this program to Port Alberni, Dyson said.

Port Alberni has one bylaw enforcement officer, who also sees to city business licenses. Nanaimo has seven bylaw enforcement officers, and two full-time staff dedicated to support them, as well as two full-time supervisors.

With an extra bylaw enforcement officer, Port Alberni could implement the process, Dyson said.

Departments can multitask, but creativity is finite, and extra resources will be needed, he noted.

The co-operation of the Alberni Valley RCMP is critical, and their response is positive so far, Dyson said.

Nanaimo’s bylaw can’t be duplicated, he added.

Nanaimo’s bylaw was developed under the Local Government Act, while Port Alberni ascribes to the local community charter, he said.

Council meets with the city’s lawyer next week to discuss options .

“We’ve done our due diligence on this from a policing perspective,” said Insp. Gord Wellar.

“We don’t think this will solve all our problems, but it’s one step in the right direction.”

reporter@albernivalleynews.com

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City council looks to Nanaimo nuisance bylaw

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