Bylaw No. 698, Enforcement and Adjudication (Consolidated)

Valemount, British Columbia

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1 | P a g e The amendment bylaws which are included in this consolidated version of the "Village of Valemount Bylaw Notice Enforcement and Dispute Adjudication System Bylaw No. 698, 2013," are: Bylaw No. 720, adopted on August 26th, 2014. Bylaw No. 727, adopted on November 25th, 2014. Bylaw No. 750, adopted on October 11, 2016. Bylaw No. 777, adopted on January 9th, 2018. Bylaw No. 824, adopted on June 9th, 2020. Bylaw No. 825, adopted on August 11, 2020. CONSOLIDATED FOR CONVENIENCE ONLY AS OF MARCH 17, 2021. This consolidation of the Village of Valemount Bylaw Notice Enforcement and Dispute Adjudication System Bylaw No. 698, 2013, and subsequent amendments has been prepared exclusively for the use of the Village of Valemount for convenience only. The Village of Valemount does not represent that this consolidation is accurate or complete and anyone using this material should confirm its content by reference to the original Bylaws. VILLAGE OF VALEMOUNT BYLAW NOTICE ENFORCEMENT AND DISPUTE ADJUDICATION SYSTEM BYLAW NO. 698, 2013 2 | P a g e VILLAGE OF VALEMOUNT BYLAW NO. 698, 2013 Being a bylaw to establish a Bylaw Notice Enforcement and Dispute Adjudication System WHEREAS it is deemed necessary that a Bylaw Notice Enforcement and Dispute Adjudication System be established for the Village of Valemount, as per the Local Government Bylaw Notice Enforcement Act; NOW THEREFORE the Council of the Village of Valemount in open meeting assembled enacts as follows: 1. Title 1.1 This bylaw may be cited for all purposes as "Bylaw No. 698, 2013, Bylaw Notice Enforcement and Dispute Adjudication System." 2. Interpretation 2.1 In this Bylaw: a. Act - means the Local Government Bylaw Notice Enforcement Act, SBC 2003, c 60 and amendments thereto; b. Council - means the Council of the Village of Valemount; c. Day - means a calendar day; d. Early Payment Option - means an amount that reflects a discount deducted from the Penalty as described in section 6 of the Act and identified in Column A6 of Schedule "A"; e. Late Payment Amount - means the amount due when a surcharge is added to the Penalty as described in section 6 of the Act and identified in Column A7 of Schedule "A"; f. Notice of Bylaw Violation - means a Bylaw Notice as issued by a Village of Valemount Bylaw Enforcement Officer pursuant to this bylaw and section 4 of the Act; 3 | P a g e g. Penalty - means the amount that the recipient is liable to pay in respect of a contravention of the related bylaw as identified in Column A5 of Schedule "A"; h. Receipt of Received - in relation to a Notice of Bylaw Violation, includes the date that, under the Act, a Notice of Bylaw Violation is presumed to have been received by the person to whom it is addressed. 2.2 The terms in this bylaw that are not defined in section 2 have the same meaning as the terms defined in the Act. 3. Application 3.1 This bylaw applies only to the bylaw contraventions included in the Schedule of this bylaw. 3.2 Nothing in this bylaw precludes or relieves a person from complying with the provisions of the Motor Vehicle Act and regulations or any other applicable local, provincial, or federal enactment or regulation. 4. Bylaw Contraventions 4.1 The bylaw contraventions designated in Schedule "A", as attached to and forming part of this bylaw, may be dealt with by a Notice of Bylaw Violation and/or another enforcement measure as provided for by existing federal, provincial or municipal legislation. 5. Penalties 5.1 The amount due for a bylaw contravention referred to in Section 4 is: a. subject to paragraphs b), c), and d) herein, the Penalty amount set out in Column A5 of Schedule "A", for the related contravention described in Column A1, A2, and A3; b. if payment is received by the Village within 14 calendar days from the date of receipt of the Notice of Bylaw Violation in accordance with the Act, the Early Payment Option set out in Column A6 of Schedule "A", for the related contravention described in Column A1, A2 and A3; c. if payment is received more than 28 calendar days from the date of delivery of the Notice of Bylaw Violation in accordance with the Act, the 4 | P a g e Late Payment Amount set out in Column A7 of Schedule "A", for the related contravention described in Column A1, A2, and A3; or d. if paid under a compliance agreement, subject to a reduction as provided under Column A8 of Schedule "A", for the related contravention described in Column A1, A2, and A3. 6. Period for Paying or Disputing Notice of Bylaw Violation 6.1 A person who receives a Notice of Bylaw Violation may, within 14 days from the date of receipt of the Notice of Bylaw Violation in accordance with the Act, a. pay the applicable amount of the Early Payment Option established in section of this bylaw by completing the payment portion of the Notice of Bylaw Violation, indicating the Early Payment Option and delivering, with payment in full of that amount, either in person during regular office hours or by mail, to the Village Office; or b. request dispute adjudication by completing the adjudication section on the reverse of the Notice of Bylaw Violation, and delivering it either in person during regular office hours or by mail, to the Village Office. 6.2 After 14 days of having received a Notice of Bylaw Violation, a person may not request adjudication and, if the person has taken no action under section 6.1, must pay the Penalty or the Late Payment Amount established in section 5.1. 6.3 If, within 14 days of having received a subsequent notice from the Village indicating the amount owing pursuant to a Notice of Bylaw Violation that was not delivered personally, a person may advise the Village, in writing, that he or she did not receive the original Notice of Bylaw Violation and the time periods established under sections 5 and 6 of this bylaw do not begin until the day after the date that the second copy of the Notice of Bylaw Violation is issued to the person. 6.4 A person is conclusively deemed to have received a second copy of a Notice of Bylaw Violation. 5 | P a g e 7. Bylaw Notice Dispute Adjudication System 7.1 The bylaw notice dispute adjudication system is established in accordance with Section 14 of the Act to resolve disputes in relation to Notices of Bylaw Violation. 7.2 The civic address of the Bylaw Notice Dispute Adjudication System is 735 Cranberry Lake Road, PO Box 168 Valemount BC V0E 2Z0. 7.3 All processes, procedures, hearings and determinations will be in accordance with the Act. In the event of an inconsistency between the Act and this bylaw, the Act shall apply to the extent of the inconsistency, but this bylaw shall not be deemed inconsistent if a person who complies with the bylaw does not, by this, contravene the Act. 7.4 A person who is unsuccessful in a dispute adjudication in relation to a Notice of Bylaw Violation or a compliance agreement must pay the Village an additional fee as permitted under section 23(2) of the Act for the purpose of the Village recovering a portion of the costs of administering the bylaw notice dispute adjudication system. The amount of the additional fee is specified in the Village of Valemount Fees and Charges Bylaw No. 699, 2013. 8. Screening Officers 8.1 Pursuant to section 10 of the Act, the position of screening officer is established to review the circumstances surrounding a Notice of Bylaw Violation before dispute adjudication may be scheduled in respect of the Notice of Bylaw Violation. 8.2 The following are designated titles of persons that, pursuant to the terms set out in section 9.1 of this bylaw, are appointed as screening officers: a. Chief Administrative Officer b. Any senior staff, as designated by the Chief Administrative Officer 6 | P a g e 9. Power, Duties, and Functions of Screening Officers 9.1 The powers, duties, and functions of screening officers are as set out in the Act, and include the following powers: a. Where requested by the person against whom a contravention is alleged: i. communicate information respecting the nature of the contravention, ii. provide a copy or reference to the bylaw contravened, iii. outline the facts on which the contravention allegation is based, iv. confirm the penalty for a contravention, v. where permitted, provide the opportunity to enter into a compliance agreement, vi. provide the opportunity to proceed to the bylaw notice dispute adjudication system, and vii. confirm the fee or fees payable in relation to late payments or the bylaw notice dispute adjudication system. 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 Bylaw Enforcement Officer issuing the Notice of Bylaw Violation, iii. the complainant or their representative, or iv. the Village's staff and records regarding the disputant's history of bylaw compliance c. Where permitted, to prepare and enter into compliance agreements under the Act with persons who dispute a Notice of Bylaw Violation, including the establishment of terms and conditions for compliance that the screening officer considers necessary or advisable, including time periods for payment of penalties and ultimate compliance with the bylaw; d. To provide for payment of a reduced penalty if a compliance agreement is entered into, as provided in Column A5 of Schedule "A" as attached to this bylaw; and e. To cancel Notices of Bylaw Violation in accordance with the Act or adopted Village policy. 7 | P a g e f. The bylaw contraventions in relation to which a screening officer may enter into a compliance agreement are indicated in Column A4 of Schedule "A" as attached to this bylaw. g. The maximum duration of any compliance agreement is one year. 10. Bylaw Enforcement Officers 10.1 For the purposes of this bylaw, Bylaw Enforcement Officer means any of the following: a. Chief Administrative Officer b. Any senior staff, as designated by the Chief Administrative Officer c. Bylaw Enforcement Officer d. Public Works Superintendent e. Building Inspector f. RCMP Officers or RCMP Auxiliary Officers g. Fire Chief or Deputy Fire Chief 11. Form of Notice of Bylaw Violation 11.1 The Village may from time to time provide the form(s) of the Notice of Bylaw Violation. 12. Schedules 12.1 The following schedules are attached to and form part of this bylaw: Schedule A - Designated Bylaw Contraventions and Corresponding Penalties. 13. Severability 13.1 If any portion of this bylaw is declared ultra vires by the Court of Competent Jurisdiction, that portion shall be deemed to be severed from the bylaw to the extent that the remainder of the bylaw shall continue in full force and effect. 8 | P a g e Read a First Time this 9th day of July, 2013 Read a Second Time this 9th day of July, 2013 Read a Third Time this 13th day of August, 2013 Reconsidered and Adopted this 27th day of August, 2013 __________________________ ______________________________ Mayor, Andru McCracken Corporate Officer, Anne Yanciw Certified to be a true copy of Bylaw No. 698, 2013, as adopted by Council Resolution #313/13, dated 27th day of August, 2013. 9 | P a g e VILLAGE OF VALEMOUNT BYLAW NO. 698, 2013 Schedule A: Designated Bylaw Contraventions and Corresponding Penalties A1 A2 A3 A4 A5 A6 A7 A8 Bylaw Description of Contravention Section Compliance Agreement Available Penalty Early Payment Option Late Payment Amount Compliance Agreement Discount Animal Regulation, Control and Licensing Bylaw No. 700, 2013 Failure to license 4.1 Yes $50.00 $40.00 $60.00 50% Failure to attach license 4.4 Yes $50.00 $40.00 $60.00 50% Running at Large 1st offence 6.1 Yes $100.00 $80.00 $120.00 50% Running at large 2nd offence 6.1 No $200.00 $160.00 $240.00 n/a Running at large 3rd offence (within 60 days of 2nd) 6.1 No $300.00 $240.00 $360.00 n/a Running at large 4th offence (within 60 days of 3rd) 6.1 No $400.00 $320.00 $480.00 n/a Running at large 5th offence (within 60 days of 4th) 6.1 No $500.00 $400.00 $500.00 n/a Leaving Excrement 6.3 No $50.00 $40.00 $60.00 n/a Animal disturbing Peace 6.4 Yes $50.00 $40.00 $60.00 50% Female at large during ovulation 6.5 No $50.00 $40.00 $60.00 n/a Unprovoked attack/damage 6.6 Yes $300.00 $240.00 $360.00 50% More than 4 animals or kennel 6.8 & 6.14 Yes $100.00 $80.00 $120.00 50% Keeping Animal in Unsanitary Environment 6.9 Yes $100.00 $80.00 $120.00 50% Failure to have letter from BC Veterinary Medical Association 6.11 Yes $100.00 $80.00 $120.00 50% Bovine species within the Village 6.12 No $300.00 $240.00 $360.00 n/a Illegal Kennel 6.15 No $300.00 $240.00 $360.00 50% Treatment of Animal 7.1 Yes $100.00 $80.00 $120.00 50% 10 | P a g e Condition of Animal Shelter 7.2 Yes $100.00 $80.00 $120.00 50% Failure to use an appropriate collar 7.3 No $100.00 $80.00 $120.00 n/a Hitching/tying an animal for an extended period of time 7.4 No $100.00 $80.00 $120.00 n/a Confining an animal 7.5 No $100.00 $80.00 $120.00 n/a Transporting an animal 7.6 No $100.00 $80.00 $120.00 n/a Failure to license a dangerous dog 9.1 Yes $50.00 $40.00 $60.00 50% Failure to appropriately muzzle and leash a dangerous dog 9.3 No $100.00 $80.00 $120.00 n/a Failure to securely confine a dangerous dog 9.4 Yes $100.00 $80.00 $120.00 50% Failure to display signage indicating a dangerous dog 9.5 Yes $100.00 $80.00 $120.00 50% Breeding, possessing, exhibiting or displaying a prohibited animal 10 Yes $50.00 $40.00 $60.00 50% Unauthorized removal of an impounded animal 11.1 No $300.00 $240.00 $360.00 n/a Obstructing Bylaw Enforcement Officer 11.2 No $300.00 $240.00 $360.00 n/a Building Bylaw No. 542, 2003 Failure to obtain a valid permit for construction/alteratio n/demolition 6.1-6.3 No $300.00 $240.00 $360.00 n/a Knowingly submitting false information to building official 6.4 No $300.00 $240.00 $360.00 n/a Tampering with a notice posed by a building official 6.5 No $300.00 $240.00 $360.00 n/a Obstructing a building official No $300.00 $240.00 $360.00 n/a Business License Bylaw No.805,2019 Operating without a valid business license 4.1 No $200.00 $160.00 $240.00 n/a 11 | P a g e Obstructing Bylaw Enforcement Officer 14.2 No $300.00 $240.00 $360.00 n/a Fireworks Regulation Bylaw No. 749, 2016. Sell/Give/Dispose of fireworks to a person under 18 yrs of age 4.1 No $500.00 $400.00 $600.00 n/a Possession of fireworks other than consumer grade within Village 4.4 No 200.00 $160.00 $240.00 n/a Adult Possession of consumer grade fireworks within Village without a permit 5.1 Yes 200.00 $160.00 $240.00 n/a Incident caused by willful or reckless action without reasonable cause 4.7 No Apparatus costs per RDFFG Agreement plus actual costs. Good Neighbour Bylaw No. 702, 2013 Collection/accumulati on of offensive/noxious material 4.1 Yes $300.00 $240.00 $360.00 50% Unsightly property 4.2 Yes $300.00 $240.00 $360.00 50% Graffiti visible from public place 4.3 Yes $150.00 $120.00 $180.00 50% Littering 4.4 Yes $150.00 $120.00 $180.00 50% Storage of derelict vehicles 4.5 Yes $150.00 $120.00 $180.00 50% Water Accumulation 4.7 Yes $100.00 $80.00 $120.00 50% Unsanitary Conditions 4.8 Yes $150.00 $120.00 $180.00 50% Weeds higher than 8 inches 4.9 Yes $150.00 $120.00 $180.00 50% Noxious Weeds 4.10 Yes $200.00 $160.00 $240.00 50% Growths that are safety hazards 4.11 Yes $100.00 $80.00 $120.00 50% Unfinished building or structure 4.12 Yes 200.00 $160.00 $240.00 50% Obstructing Bylaw Enforcement Officer 6.1 No $300.00 $240.00 $360.00 n/a Noise Control Bylaw No. 306, 1989. Creating Noise Disturbance 3a) No $200.00 $160.00 $240.00 n/a 12 | P a g e Permitting Noise Disturbance 3b) No $200.00 $160.00 $240.00 n/a Playing or Operating Any Device Creating Noise Disturbance 3c) No $200.00 $160.00 $240.00 n/a Keeping of Animals or Birds Which disturbs the Peaceful Enjoyment 3d) No $200.00 $160.00 $240.00 n/a Open Air Burning Bylaw No. 703, 2013 Failure to obtain a burn permit prior to burning 5.1, 5.2 No $150.00 $120.00 $180.00 n/a Illegal burning 5.3, 6, through 9,12 No $300.00 $240.00 $360.00 n/a Recreational/ Off Highway Vehicles Regulation Bylaw No. 318, 1990 Operating/permitting operation of off- highway vehicle on public lands within Village of Valemount 3 No $200.00 $160.00 $240.00 n/a Operating/permitting operation of off- highway vehicle on private lands within Village of Valemount w/out written permission of owner 4 No $200.00 $160.00 $240.00 n/a Sewer Supply and Regulations Bylaw No. 710, 2014 Contravention of regulations set out in Sewer Supply and Regulations Bylaw 14.4 through 14.12 Yes $500.00 $400.00 $500.00 50% Sign Bylaw No. 701, 2013. Constructing, placing, erecting, displaying, altering, repairing, or re- locating a sign without a permit 7.1.a Yes $150.00 $120.00 $180.00 50% Illegal signage 8, 9, 10, 11, 12, 13 Yes $150.00 $120.00 $180.00 50% 13 | P a g e Obstructing Bylaw Enforcement Officer 14.1 No $300.00 $240.00 $360.00 n/a Solid Waste Collection Bylaw No. 697, 2013 Placing prohibited items in the collection service 11.1 No $50.00 $40.00 $60.00 n/a Illegal storage of solid waste 12.1 Yes $50.00 $40.00 $60.00 50% Failure to remove solid waste if the collection service is not provided 12.2 Yes $50.00 $40.00 $60.00 50% Illegal storage of solid waste that is not accepted by the collection service 12.3 Yes $100.00 $80.00 $120.00 50% Disposing of waste at a location other than a designated receiving facility 13.1 Yes $100.00 $80.00 $120.00 50% Illegal operation of a solid waste collection service 16.1 No $300.00 $240.00 $360.00 n/a Street Vendor Bylaw No. 713, 2014 Operating without a valid Street Vendor Permit 3.2 No $200.00 $160.00 $240.00 n/a Contravention of regulations set out in Street Vendor Bylaw 6.1, 7.1, 9, 11, 13, 14 Yes $200.00 $160.00 $240.00 50% Traffic Regulation Bylaw No. 202, 1982 Vehicle in a "no parking" zone for more than 2 minutes 15 (a) No $50.00 $40.00 $60.00 n/a Stopping vehicle in a "no stopping" zone 15 (b) No $50.00 $40.00 $60.00 n/a Obstructing traffic by stopping or Parking vehicle in a lane or alley 19 (a)(b) No $50.00 $40.00 $60.00 n/a Parking a trailer Village Property 21(1) No $100.00 $80.00 $120.00 n/a Parking a motor vehicle on Village Property for over 24 hrs 21(2) No $100.00 $80.00 $120.00 n/a Camping (day or night) on any highway 26(4) Yes $80.00 $60.00 $100.00 50% 14 | P a g e unlawfully occupying highway/public place 42(1) Yes $50.00 $40.00 $60.00 50% Traffic Bylaw Amendment Bylaw No. 727, 2014 Permitting accumulation of snow, ice or debris on adjacent sidewalk 41b) iii No $100.00 $80.00 $120.00 n/a Impeding Snow Removal Parking on Village boulevards/right of ways when prohibited 41c)i No $150.00 $120.00 $180.00 n/a Impeding Snow Removal Depositing or permitting the deposit of snow, ice or other debris on Village Boulevards/right of ways 41c)ii No $150.00 $120.00 $180.00 n/a Water Supply & Regulations Amendment Bylaw No. 759, 2016 Open or close any hydrant or hydrant valve without Village authorization 7.2 a No $200.00 $160.00 $240.00 n/a Connecting any device to a hydrant 7.2b No $200.00 $160.00 $240.00 n/a Use of a fire hydrant for purpose other than fire protection 7.2c No $200.00 $160.00 $240.00 n/a Water Supply and Regulations Bylaw No. 709, 2014 (Amendment Bylaw No. 824) 'STAGE 1' Watering Violation Schedule 'B' NO $50.00 $40.00 $60.00 N/A 'STAGE 2' Watering Violation Schedule 'B' NO $100 $80.00 $120.00 N/A 'STAGE 3' Watering Violation Schedule 'B' NO $200 $160.00 $240.00 N/A 'STAGE 4' Watering Violation Schedule 'B' NO $400 $320.00 $480.00 N/A