Are you going to be a good little neighbour?
The Town of Oliver hopes so as it moves closer to adopting a new bylaw that outlines what residents can and can’t do.
But before Good Neighbour Bylaw 1357 is etched in stone, some residents have a few questions.
Last week staff spent time answering these questions during Committee of the Whole.
Corporate Officer Cathy Cowan noted there was concern raised with respect to the requirement of complainants living within 30 metres or 100 metres of the alleged contravention.
The Town will only act on public complaints if the proper forms are filled out and the complainants live nearby.
Cowan stressed the importance of privacy, confidentiality and anonymity, and said with the Town accepting the complaint from such a restricted geographical area, it is almost certain that the target of the complaint will know or assume they know where the complaint came from.
“This could be a recipe for neighbourly animosity and conflict, and is counter-productive to the intent of the proposed Good Neighbour Bylaw,” Cowan said.
One resident questioned the bylaw officer’s right to “enter upon the property of any owner or occupant” to inspect the property for compliance.
The resident said this provision is “so vague that is appears to give the Town the right to enter any home or property at any time.”
But Cowan said the clause does not mean inside the residence.
“In no way do we go into the home,” she pointed out.
After receiving a complaint, the bylaw officer will attend the residence to determine if there is a contravention. Cowan noted the officer will attempt to talk with the residence before initiating enforcement action.
Under noise regulations, the bylaw states that no person can make any noise in a public place that disturbs the peace and quiet of the neighbourhood.
A resident said this clause needs clarification on time restrictions because, as the bylaw read, there would be no concerts in the park or the flying of war birds around the airport.
Cowan said there is the provision for special event permits for activities such as concerts.
However, the bylaw states that nobody can operate motorized lawn or garden equipment before 8 am or after 9 pm. And nobody can construct, alter, repair or demolish a building before 7 am or after 8 pm Monday to Saturday.
Noise regulation exemptions are granted to police, firefighting and ambulance duties.
Cowan said an exemption is also granted to Public Works operations.
Any community event sanctioned by the Town is also exempt.
Water councillor Andre Miller reminded council about the “right to farm” legislation that exempts farm operations, too.
On resident suggested adding street sweeping and traffic line marking as exemptions.
Councillor Larry Schwartzenberger asked if it makes sense to exempt the airport since some people complain about aircraft noise.
But Councillor Jack Bennest said it makes no sense to have bylaws exempting the Town when the municipality is out there policing other people.
Under property maintenance, a resident commented that “hoarding” is becoming more prevalent in Oliver. Even fecal matter from dogs is being accumulated and stored, the resident pointed out.
The bylaw addresses this by prohibiting rubbish and other unwholesome matter from accumulating on properties, making them unsightly.
Another taxpayer commented that there doesn’t seem to be any provision where the Town requires property owners to remove graffiti from their buildings.
But Cowan said there is a $75 fine for failing to remove graffiti.
A resident raised a concern about the bylaw prohibiting the storage or accumulation of derelict vehicles unless they are in an enclosed building.
The resident said some people restore old vehicles as a hobby. “Some people display antique cars in their yards that to most is not unsightly, but rather an attraction.”
Chief Administrative Officer Heidi Frank acknowledged that old vehicles are really dear to a lot of people’s hearts. But they shouldn’t devalue the neighbour’s property, she pointed out.
Frank questioned whether the Town wants to regulate how much people own, advising the municipality that it should walk a careful line because people have the right to own things.
Under vacant buildings, homes where residents go south for the winter must not contribute to “blight,” according to the bylaw.
A resident said requiring an owner to obtain a vacant building registration permit is just another tax that provides no benefit.
“Putting a ‘for rent’ sign in the window and refusing all tenants circumvents this bylaw,” the resident commented.
Concerns were also expressed about the authority given to part-time bylaw officers and the weight given to their opinions.
