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VILLAGE OF FRASER LAKE
BYLAW NO. 856, 2024
BEING A BYLAW OF THE VILLAGE OF FRASER LAKE TO REGULATE THE ENFORCEMENT OF BYLAW
NOTICES.
WHEREAS pursuant to Section 2 (2) of The Local Government Bylaw Notice Enforcement Act and
regulations thereto, the Council of the Corporation of the Village of Fraser Lake may, by bylaw,
1. designate bylaw contraventions that may be dealt with by Bylaw Notice,
2. establish the amount of the penalty for a contravention referred to in Schedule A,
3. establish the period for paying or disputing a Bylaw Notice, and
4. establish and participate in a Bylaw Notice dispute adjudication system to resolve disputes in
relation to Bylaw Notices;
THEREFORE the Council of the Village of Fraser Lake in open meeting assembled enacts as follows:
Title:
1. This Bylaw may be cited as "Bylaw 856, Bylaw Enforcement Bylaw"
Purpose:
2. The purpose of this Bylaw is to create a simple, fair and cost-effective system to deal with minor
Bylaw infractions.
Definitions:
3. In this Bylaw:
"Act"
means the Local Government Bylaw Notice Enforcement Act;
"Village"
means the Corporation of the Village of Fraser Lake;
"Registry"
means the Village of Fraser Lake Bylaw Notice Adjudication Registry
established pursuant to this Bylaw.
Terms:
4. The terms in this Bylaw have the same meaning as the terms defined in the Act.
Bylaw Contraventions:
5. The Bylaw contraventions designated in Schedule "A", attached hereto and forming part of this
Bylaw, may be dealt with by Bylaw Notice.
Offence and Penalty:
6. The penalty for a contravention referred to in Section 5 is as follows:
a)
Subject to Subsections 6(b) and 6(c), is the Penalty amount set out in Column A1
of Schedule "A".
b)
If payment is received by the Village within 14 days from the person receiving or
presumed to have received the Bylaw Notice, the penalty amount is the Early Payment
Penalty set out in Column A2 of Schedule "A".
c)
If payment is received more than 28 days after the person received or is presumed to
have received the Bylaw Notice, the penalty is subject to a late payment surcharge in
addition to the penalty under Subsection 6(a) and is the Late Payment Penalty set out in
Column A3 of Schedule "A".
d)
If a Compliance Agreement is entered into, the Screening Officer may remove the
penalty, reduce it by half, or remove late payment penalties where a payment plan is
part of the Compliance Agreement.
e)
The Screening Officer may issue a written warning through a Bylaw Notice in place of
any penalty described herein, at their discretion.
Period for Paying a Disputed Notice:
7. A person who receives a Bylaw Notice must, within 14 days of the date on which the person
received or is presumed to have received the Bylaw Notice:
a)
Pay the penalty in any manner prescribed on the reverse side of the bylaw offence
notice, or
b)
Request dispute adjudication, by filling in the appropriate portion of the Bylaw Notice
indicating either a payment or a dispute and submitting it:
i.
In-person during regular office hours at the Village Office
ii.
By mail to:
Village of Fraser Lake
P.O. Box 430
Fraser Lake, B.C.
V0J 1S0
iii.
Electronically to [email protected]
8. No person may submit a dispute adjudication request after 14 days of receiving the Bylaw
Notice.
9. Where a person was not served personally with a Bylaw Notice and advises the Village, in
accordance with the requirements of Section 25 of the Act, that they did not receive a copy of
the original notice, the time limits for responding to a Bylaw Notice under Section 6 and Section
8 of this Bylaw do not begin to run until a copy of the Bylaw Notice is re-delivered to them in
accordance with the Act.
Repeat Offences:
10. Where a person has been served with a Bylaw Notice for violation of the same Bylaw:
a) Twice within two years, the penalty may be double that indicated in Columns A1, A2,
and A3 of Schedule "A" or $500, whichever is lesser;
b) More than twice within two years, the penalty may be $500
Continuing Offences:
11. The penalties referred to in Section 6 may be imposed for each day that the offence continues,
except where a Compliance Agreement has been signed.
Bylaw Notice Dispute Adjudication Registry:
12. The Registry is established as a Bylaw Notice dispute adjudication system in accordance with the
Act to resolve disputes in relation to Bylaw Notices.
13. The civic address of the Registry is: Village of Fraser Lake, 210 Carrier Crescent, Fraser Lake, BC,
V0J 1S0.
14. Every person who is unsuccessful in a dispute adjudication in relation to a Bylaw Notice or a
Compliance Agreement under the dispute adjudication system established under this section
must pay the Village an additional fee of $25 for the purpose of the Village recovering the costs
of the adjudication system.
Screening Officers:
15. The position of screening officer is established.
16. The following are designated classes of persons that may be appointed as screening officers:
a) Bylaw Officer;
b) Chief Administrative Officer; and
c) Any person appointed to the position of Screening Officer by the Chief Administrative
Officer.
Powers, Duties and Functions of Screening Officers:
17. The powers, duties and functions of screening officers are set out in the Act, and include the
following powers:
a) Where requested by the person against whom a contravention is alleged, communicate
information respecting the nature of the contravention, the provision of the bylaw
contravened, the facts on which the contravention allegation is based, the penalty for a
contravention, the opportunity to enter into a Compliance Agreement, the opportunity
to proceed to the Bylaw Notice dispute adjudication system and the fee or fees payable
in relation to the Bylaw Notice enforcement process;
b) To communicate with any or all of the following for the purposes of performing their
functions under this Bylaw or the Act:
i. the person against whom a contravention is alleged or their representative;
ii. the officer issuing the notice;
iii. the complainant or their representative;
iv. the Village's staff and records regarding the disputant's history of bylaw
compliance.
c) To prepare and enter into Compliance Agreements under the Act with persons who
dispute Bylaw Notices, including to establish terms and conditions for compliance that
the Screening Officer considers necessary or advisable, including time periods for
payment of penalties and compliance with the Bylaw;
d) To provide for payment of a reduced or eliminated penalty if a Compliance Agreement is
entered into, as provided in Column A4 of Schedule "A"; and
e) To cancel Bylaw Notices in accordance with the Act or Village policies and guidelines.
18. The bylaw contraventions in relation to which a Screening Officer may enter into a Compliance
Agreement are indicated in Column A4 of Schedule "A".
19. The maximum duration of a Compliance Agreement is one year.
Bylaw Enforcement Officers:
20. Person acting as any of the following are designated as Bylaw Enforcement Officers for the
purposes of this Bylaw and the Act:
a) Special Constables, officers, members, or constables of:
i. The provincial police force as defined in Section 1 of the Police Act; or,
ii. A municipal police force;
b) Bylaw Enforcement Officers appointed pursuant to Section 36 of the Police Act and
Section 264(1)(b) of the Community Charter;
c) Local Assistants to the Fire Commissioner under Section 6 of the Fire Services Act;
d) Bylaw Enforcement Officers, building inspectors, animal control officers or other person
acting in another capacity on behalf of the Village for the purpose of enforcement of
one or more of its Bylaws.
Form of Bylaw Notice:
21. The Village may from time to time provide the form or forms of the Bylaw Notice, provided the
Bylaw Notice complies with Section 4 of the Act.
Severability:
22. If a portion of this Bylaw is held invalid by a Court of competent jurisdiction, then the invalid
portion must be severed and the remainder of this bylaw is deemed to have been adopted
without the severed section, subsection, paragraph, subparagraph, clause or phrase.
Schedules:
23. The following schedules are attached to and form part of this bylaw and are enforceable in the
same manner as this bylaw:
Schedule "A" - Bylaw Contraventions & Fines
Schedule "B" - Compliance Agreement.
Adoption:
24. That this Bylaw shall come into force and take effect on adoption.
Supremacy:
25. In the event of a conflict between this Bylaw and another Village Bylaw, this Bylaw prevails.
That Bylaw 852, Tree Bylaw be amended as follows:
1. By adding the following to Section 1.2 DEFINITIONS:
Bylaw Enforcement
Officer
A person designated as a Bylaw Enforcement Officer as per Section 20
of Bylaw 856, Bylaw Enforcement Bylaw
2. By adding the following after Section 4.3 (d)
PART 5 - PENALTIES AND ENFORCEMENT
5.1
PENALTIES AND ENFORCEMENT
(a) In addition to any costs incurred as part of this Bylaw, any person contravening this Bylaw is
subject to the penalties, as amended from time to time, in Bylaw 856, Bylaw Enforcement
Bylaw.
That The Village of Fraser Lake Good Neighbour Bylaw No. 788, 2018 be amended as follows:
1. Section 9.1.1 be replaced with:
Any person designated as a Bylaw Enforcement Office as per Section 20 of Bylaw 856, Bylaw
Enforcement Bylaw, is authorized to enforce the provisions of this Bylaw by Bylaw Notice, or as
otherwise provided by this Bylaw.
2. Section 9.2.1(ii) be replaced with:
(ii)
to the penalties, as amended from time to time, in Bylaw 856, Bylaw Enforcement Bylaw
3. Sections 9.2.2 and 9.2.3 be repealed.
READ A FIRST TIME THIS
TH
DAY OF SEPTEMBER,
2024
READ A SECOND TIME THIS
TH
DAY OF SEPTEMBER,
2024
READ A THIRD TIME THIS
TH
DAY OF SEPTEMBER,
2024
RECONSIDERED AND ADOPTED THIS
TH
DAY OF OCTOBER,
2024
MAYOR
CORPORATE OFFICER
SCHEDULE "A" - BYLAW NO. 856, 2024
"BYLAW CONTRAVENTIONS & FINES"
Bylaw 788, Village of Fraser Lake Good Neighbour Bylaw
Bylaw
Section
Description
A1
Penalty
A2 Early
Payment
A3 Late
Penalty
A4
Compliance
Agreement
Available
788
3.1
Interference with a Bylaw
Officer
$250
$200
$300
No
788
5.3.1(a)
Excessive Construction Noise
without a permit
$400
$300
$500
Yes
788
5.3.2(a)
Fail to notify businesses and
residents of construction
noise
$400
$300
$500
Yes
788
5.4
Excessive Noise
$100
$50
$150
Yes
788
6.4.1(a)
Rubbish, garbage, and
discarded material
accumulated
$200
$150
$250
Yes
788
6.4.1(b)
Accumulation of offensive or
unwholesome matter
$100
$50
$150
Yes
788
6.4.1(c)
Accumulation of water
$100
$50
$150
Yes
788
6.4.1(d)
Unmaintained grass or
vegetation
$100
$50
$150
Yes
788
6.4.1(d)(iii) Vegetation obstructing utility,
highway, sidewalk, or visibility
of intersection
$200
$150
$250
Yes
788
6.4.1(e)
Accumulation of unstacked
firewood
$50
$25
$75
Yes
788
6.4.1(f)
Accumulation of motor
vehicle parts or other
mechanical parts
$100
$50
$150
Yes
788
6.4.1(g)
Unregistered or uninsured
motor vehicles in excess
$200
$150
$250
Yes
788
6.4.1(h)
Recreational Vehicles in
excess
$200
$150
$250
Yes
788
6.4.1(i)
Vegetation interfering with
infrastructure or utilities
$300
$200
$400
Yes
788
6.4.1(j)
Graffiti
$100
$50
$200
Yes
788
6.4.1(k)
Accumulation of building
materials
$200
$150
$300
Yes
788
6.5
Improperly placed, enclosed,
or maintained compost piles
$100
$50
$150
Yes
788
6.6.2
Water directed at adjacent
premises or public spaces
$200
$150
$300
Yes
788
6.6.3
Dust
$200
$150
$250
Yes
788
6.6.4
Outdoor lighting
$100
$50
$150
Yes
788
6.7
Pests
$200
$150
$300
Yes
788
6.8
Fences in disrepair
$100
$50
$150
Yes
788
6.9.1
Depositing yard waste on a
boulevard or lane
$300
$200
$400
No
788
6.9.1(a)
Grass or weeds exceeding
15cm in length along
boulevard
$200
$150
$250
Yes
788
6.9.1(b)
Parking a motor vehicle,
trailer, or recreational vehicle
on a boulevard without a valid
permit
$300
$250
$350
Yes
788
6.10.1
Accumulation of ice, icicles,
snow, rubbish or dirt on roofs,
gutters, projections or
cornices that could slip, slide,
fall or be blown upon a
sidewalk or street
$200
$150
$250
Yes
788
6.10.2
Depositing snow over 1 metre
at the curb line
$100
$50
$150
Yes
788
6.10.4
Depositing snow or ice on a
sidewalk or other public
pedestrian use
$300
$250
$400
Yes
788
6.10.5
Leaving a vehicle parked that
interferes with snow removal
operations
$100
$50
$150
No
788
6.11.2(a)
Lawn watering outside of
designated hours and days
$100
$50
$200
No
788
6.11.4
Watering when additional
water conservation measures
are in place
$400
$300
$500
No
788
7.2.1(a)
Not maintaining a derelict
building as required
$400
$300
$500
Yes
788
7.2.1(b)
Not securing a derelict
building as required
$400
$300
$500
Yes
Bylaw 852, Tree Bylaw
Bylaw
Section
Description
A1
Penalty
A2 Early
Payment
A3 Late
Penalty
A4
Compliance
Agreement
Available
852
3.2(b)(i) Removing a tree that has been
cut on an emergency basis
without a permit
$200
$100
$300
No
852
3.3(b)
Cutting or otherwise damaging
a tree with a diameter greater
than 10 centimetres without a
permit
$300
$150
$500
No
852
3.3(b)
Cutting or otherwise damaging
a replacement tree
$400
$300
$500
No
852
4.1(e)
Not cutting a hazard tree after
14 days of notification
$200
$100
$300
Yes
852
4.2(h)
Cutting or otherwise damaging
a tree on Village owned or
managed property
$500
$450
$500
No
Bylaw 855, Sign Bylaw
Bylaw
Section
Description
A1
Penalty
A2 Early
Payment
A3 Late
Penalty
A4
Compliance
Agreement
Available
855
3.1
Installing a new sign without a
permit
$100
$50
$200
Yes
855
3.7(a)
Installing a real estate sign
larger than permitted
$100
$50
$200
Yes
855
3.7(a)
Not removing a real estate sign
within the specified time
$100
$50
$200
Yes
855
3.7(d)
Installing an election sign larger
than permitted
$100
$50
$200
Yes
855
3.7(d)
Not removing an election sign
within the specified time
$200
$100
$400
Yes
855
3.8(a)
Installing a prohibited sign
$100
$50
$200
Yes
855
3.8(b)
Installing a sign in a prohibited
location
$200
$100
$400
Yes
855
4.1
Not maintaining a sign in Good
Working Order and Condition
$100
$50
$200
Yes
855
4.2(b)
Not removing a sign for a
business that moves or ceases
operations
$100
$50
$200
Yes
855
4.3(a)
Not installing a real estate sign
on a commercial property that
is for sale, for lease, or for rent
$100
$50
$200
Yes
855
4.3(b)
Not removing an empty sign
frame
$200
$100
$400
Yes
855
4.4
Installing a sign that does not fit
its frame
$100
$50
$200
Yes
855
4.5
Not cleaning up residue or
evidence of a sign that has been
removed
$100
$50
$200
Yes
855
5.3
Exceeding the maximum
number or size of sign
$100
$50
$200
Yes
Bylaw 862, Fire Services Bylaw
Bylaw
Section
Description
A1
Penalty
A2 Early
Payment
A3 Late
Penalty
A4
Compliance
Agreement
Available
862
8.1(a)
Unpermitted outdoor fire
$400
$200
$500
Yes
862
8.1(g)(ii)
Burning inorganic materials
$200
$100
$400
No
862
8.1(g)(iii)
Nuisance fire
$100
$50
$200
Yes
862
8.1(h)
Unattended fire
$400
$200
$500
No
862
8.1(i)
Burning outside permitted
hours
$400
$200
$500
Yes
862
8.3(b)
Fire larger than permitted
$400
$200
$500
Yes
862
8.3(d)
Burning while under a fire ban
$500
$250
$500
No
862
9.1
Sale or distribution of fireworks
$400
$200
$500
Yes
862
9.2(a)
Fireworks outside permitted
area
$200
$100
$400
Yes
862
9.2(b)
Fireworks outside permitted
hours
$200
$100
$400
Yes
862
9.2(c)
Fireworks too near structures,
people, trees, or animals
$400
$200
$500
No
862
10.1
Parking within 5 metres of a fire
hydrant
$200
$100
$300
Yes
862
11.1
Unwarranted fire alarm
$200
$100
$300
Yes
862
11.2
Service, repair, test, or
maintenance of fire alarm
without informing Fire Chief
$200
$100
$300
Yes
Bylaw 88, Pollution Prevention
Bylaw
Bylaw
Section
Description
A1
Penalty
A2 Early
Payment
A3 Late
Penalty
A4
Compliance
Agreement
Available
888
5
Dumping into the
stormwater system, a
watercourse, or soil
$250
$200
$300
Yes
888
6
Improper storage or
handling of materials
leading to potential non-
permitted effluent or other
materials into the
$100
$50
$200
Yes
stormwater system, a
watercourse, or soil
888
7
Failure to promptly or
properly clean a spill
$300
$200
$400
Yes
888
8
Non-compliance with the
terms of a permit
$400
$300
$500
Yes
888
9
Failure to comply with an
Order to Comply
$400
$300
$500
No
SCHEDULE "B" - BYLAW NO. 856, 2024
"COMPLIANCE AGREEMENT"
I,
of
(NAME)
(ADDRESS)
, acknowledge receipt of Bylaw Offence Notice(s) #
,
(the "BYLAW NOTICE")
and wish to enter into this Compliance Agreement whereby I agree to fulfill the conditions
below, in exchange for a reduced penalty which shall be either none or one half of the penalty
identified on the face of the Bylaw Offence Notice.
Specifically, I agree to pay the reduced penalty of $
on or before
I further agree to comply with the following terms and conditions of this agreement:
1. On or before
I will
.
2. On or before
I will
.
I understand that this agreement is binding upon me for one year from the date of this
Agreement.
I also understand that if I breach a term of this Agreement, or fail to observe or perform the
above terms and conditions, the Village of Fraser Lake's Screening Officer may rescind this Agreement. I
understand that if this Agreement is rescinded, I will have 14 days to dispute the Screening Officer's
decision to rescind the Agreement, and that if I do not dispute this decision in that time, the full penalty
stated in the Bylaw Notice(s) of $
will be immediately due and payable and subject to all fees and
penalties as if the Bylaw Notice was not disputed.
Signature of Bylaw Notice Recipient
Signature of Screening Officer
Date
Date