Bylaw No. 698, Enforcement and Adjudication (Consolidated)
Valemount, British Columbia
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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
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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;
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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
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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.
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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
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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.
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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.
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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.
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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%
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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
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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
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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%
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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%
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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