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District of Port Hardy trashes previous garbage bylaw, replaces it

The new bylaw allows the district to enter on residents’ properties without permission
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THOMAS KERVIN PHOTO Make sure you put away your garbage and clean up after yourself, or you could catch a fine from the District of Port Hardy.

Port Hardy residents notorious for hoarding garbage on their lawns may need to start worrying about fines.

The district amended Bylaw 1027 to Bylaw 1082-2018, the garbage and recycling bylaw, on July 10. The bylaw states that Port Hardy will issue a fine to any resident who is unable to clean up their property free of garbage.

The amendment came about from a recent situation, where an absentee property owner left garbage outside which attracted wildlife.

The new bylaw allows the district to enter residents’ properties without permission, but only if the Port Hardy resident has in fact committed a bylaw offence.

“Originally, we only had a mechanism to fine and that usually prompts the action to stop, but we couldn’t hand him or her a fine. That’s why we had to put that in there,” said Heather Nelson-Smith, Director of Corporate and Development Services for the district.

Nelson-Smith also noted the district was unable to actually contact the resident. “There was nobody at the house. No one was residing on the property.”

The new amendment foregoes the need to provide a written warning in a reasonable time.

A June 22 staff report from the district reads that “improper storage of refuse and the storage of wildlife attractants will result in a bylaw offence and any resident caught will have to pay the charges. The district plans to apply charges under the bylaw to the offender’s taxes by way of arrears.”

Wildlife attractants, according to the report, are considered to be any food, pet food, seeds, or anything containing remnants of food.

Under the previous bylaw, the conditions regulate the storage of garbage but makes no mention of fines or enforcement. The prior bylaw required a written notice before tasking a public works employee to clean up unsightly residences, often resulting in slower responses to the complaint and unnecessary waiting for the district.

Mayor and council recommended amendments to include enforcement conditions, which fell under section 14.

The report concludes by stating that “The District by its own employees or authorized agents, cleaning up and removing such attractant and the cost of such cleaning and removal shall be charged to the owner of the property.”