Skip to main content

80 Recovery Of Municipal Costs Through Sale Of Property

In This Volume

80 (1) This section applies to remedial action requirements in relation to the following:

  • (a) matters or things referred to in section 73(1)(a);
  • (b) matters or things referred to in section 74(1)(a);
  • (c) matters or things referred to in section 74(1)(d) that are in or about a matter or thing referred to in section 74(1)(a).
  • (2) Subject to this section, if a remedial action requirement has not been satisfied by the date specified for compliance, the municipality may sell the matter or thing in relation to which the requirement was imposed or any part or material of it.
  • (3) The earliest date on which the municipality may sell property referred to in subsection (2) is the later of
  • (a) the date specified for compliance, and
  • (b) 60 days after the notice under section 77(1) is given.
  • (4) If a municipality sells property under this section, it
  • (a) may retain from the proceeds
    • (i) the costs incurred by the municipality in carrying out the sale, and
    • (ii) if applicable, the costs incurred by the municipality in exercising its power under section 17 that have not yet been paid by the person subject to the requirement, and
  • (b) must pay the remainder of the proceeds to the owner or other person lawfully entitled.
  • (5) For certainty, the authority under this section is in addition to that provided by section 17.

2003-26-80, effective January 1, 2004 (B.C. Reg. 423/2003).