THE CORPORATION OF THE DISTRICT OF PEACHLAND BYLAW NUMBER A Bylaw respecting the enforcement of bylaw notices

Transcription

1 THE CORPORATION OF THE DISTRICT OF PEACHLAND BYLAW NUMBER 2119 A Bylaw respecting the enforcement of bylaw notices This is a consolidated bylaw prepared by the Corporation of the District of Peachland for convenience only. The Corporation does not warrant that the information contained in this consolidation is current. It is the responsibility of the person using this consolidation to ensure that it accurately reflects current bylaw provisions. Amended by: Bylaw No. 2140, 2016 adopted June 28 th, Bylaw No. 2161, 2017 adopted January 10 th, Bylaw No. 2165, 2017 adopted February 28, Bylaw No. 2174, 2017 adopted March 28, Bylaw No. 2196, adopted November 14, WHEREAS the Local Government Bylaw Notice Enforcement Act permits local governments to create a bylaw designating certain bylaw contraventions that can be enforced by way of bylaw notice; AND WHEREAS a bylaw is required to authorize the enforcement of bylaw notices in conjunction with the Southern Interior Bylaw Notice Dispute Adjudication Registry; NOW THEREFORE, the Council of the District of Peachland, in open meeting assembled, enacts as follows: CITATION This bylaw may be cited as Bylaw Notice Enforcement Bylaw 2119, REPEAL Bylaw Notice Enforcement Bylaw No. 1919, 2011 and Ticket Utilization Bylaw No. 1366, 1997 and all amendments thereto are hereby repealed. INTERPRETATION In this bylaw: Act means the Local Government Bylaw Notice Enforcement Act; City means the City of Kelowna District means the District of Peachland Registry means the Southern Interior Bylaw Notice Adjudication Registry established pursuant to this Bylaw. TERMS The terms in this bylaw have the same meaning as the terms defined in the Act. BYLAW CONTRAVENTIONS 1

2 The bylaws and bylaw contraventions designated in Schedule A attached hereto and forming part of this Bylaw, may be dealt with by bylaw notice. OFFENCE AND PENALTY The penalty for a contravention referred to in 4 is as follows: Subject to Subsection 5(2) and 5(3), is the amount set out in Column of Schedule A, If received by the District within 14 days of the person receiving or being presumed to have received the notice, is the set out in Column of Schedule A, If more than 28 days after the person received or is presumed to have received the bylaw notice, it is subject to a late payment surcharge in addition to the penalty under Subsection 5(1), and is the set out in Column of Schedule A. PERIOD FOR PAYING A DISPUTED NOTICE 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: (1) pay the penalty, or request dispute adjudication, by filling in the appropriate portion of the bylaw notice indicating either a payment or a dispute and delivering it, either in person during regular office hours, or by mail, to the District. A person may pay the indicated penalty after 14 days of receiving the notice, subject to the applicable surcharge for late payment accordance with Subsection 5(3), but no person may dispute the notice after 14 days of receiving the bylaw notice. Where a person was not served personally with a bylaw notice and advises the District, in accordance with the requirements of 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 5 and 7 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. BYLAW NOTICE DISPUTE ADJUDICATION REGISTRY The Registry is established as a bylaw notice dispute adjudication system in accordance with the Act to resolve disputes in relation to bylaw notices. The civic address of the Registry is the City of Kelowna, 1435 Water Street, Kelowna, BC, V1Y 1J4. The District is authorized to enter into, and the Mayor and Corporate Officer are authorized to execute, the dispute adjudication system agreement in the form and with the content of the agreement attached as Schedule B. 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 District an additional fee of $25 for the purpose of the District recovering the costs of the adjudication system. SCREENING OFFICERS The position of screening officer is established. The following are designated classes of persons that may be appointed as screening officers: 2

3 (1) Officers and Employees of the City of Kelowna, City of Penticton, District of Lake Country, District of West Kelowna, District of Peachland, District of Summerland, Regional District of Okanagan Similkameen, City of Vernon, Town of Oliver, Regional District of Central Okanagan and the District of Coldstream. (2) and Council may appoint screening officers from these classes of persons by name of office or otherwise. POWERS, DUTIES AND FUNCTIONS OF SCREENING OFFICERS The powers, duties and functions of screening officers are as set out in the Act, and include the following powers: (1) 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; (2) To communicate with any or all of the following for the purposes of performing their functions under this Bylaw or the Act: the person against whom a contravention is alleged or their representative; the officer issuing the notice; the complainant or their representative; the District, City or Regional District s staff and records regarding the disputant s history of bylaw compliance. 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; To provide for payment of a reduced penalty if a compliance agreement is entered into, as provided in Column of Schedule A ; and To cancel bylaw notices in accordance with the Act or District policies and guidelines. The bylaw contraventions in relation to which a Screening Officer may enter into a compliance agreement are indicated in Column of Schedule A. The maximum duration of a compliance agreement is one year. BYLAW ENFORCEMENT OFFICERS Persons acting as any of the following are designated as Bylaw Enforcement Officers for the purposes of this Bylaw and the Act: (1) Special constables, officers, members or constables of: (a) The provincial police force as defined in 1 of the Police Act, A municipal police force; or The Royal Canadian Mounted Police Force. Bylaw Enforcement Officers appointed pursuant to the Police Act and Community Charter; Local Assistants to the Fire Commissioner under 6 of the Fire Services Act; 3

4 Bylaw Enforcement Officers, licensing inspectors, building inspectors, animal control officers or other persons acting in another capacity on behalf of the District for the purpose of enforcement of one or more of its Bylaws. FORM OF BYLAW NOTICE The District may from time to time provide for the form or forms of the bylaw notice, provided the bylaw notice complies with 4 of the Act. SEVERABILITY 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. READ A FIRST TIME, this 14 th day of July, READ A SECOND TIME, this 14 th day of July, READ A THIR TIME, this 14 th day of July, FINALLY RECONSIDERED AND ADOPTED, this 11 th day of August, 2015 Mayor Corporate Officer Dated at Peachland, B.C. This 11 th day of August,

5 SCHEDULE A Table of Contents Building Bylaw No. 1574, Building Numbering Bylaw No. 2164, Business License Bylaw No. 2036, Driveway Access Bylaw No. 2171, Error! Bookmark not defined. Fire & Life Safety and Smoke Control Regulatory Bylaw No. 1718, Lakefront Area Public Place Regulation Bylaw No. 1869, Noise Abatement Bylaw 1330, Park Regulation Bylaw 2089, Soil Deposit and Removal Bylaw No. 1934, Solid Waste Management Regulation Bylaw No. 1899, Traffic Regulation Bylaw No. 1856, Tree Cutting Bylaw 1288, Unsightly Premises Bylaw No. 1333, Water Regulations Bylaw No. 1896, Water Use Regulations Bylaw No. 1688, Zoning Bylaw No. 2100,

6 Blasting Bylaw No. 701, 1999 Number Description Blasting Without a Permit Yes Building Bylaw No. 1574, 2000 Number Description Removal of Stop Work Order or Other Notice Occupying a Building Without an Occupancy Permit Construct Without a Permit Demolish Without a Permit 8.1(s) Building Numbering Bylaw No. 2164, 2017 Number Description Failure to Post Numbers on Dwelling Failure to Post Numbers on Signpost Failure to Comply with Minimum Size Yes Yes Yes 6

7 Business License Bylaw No. 2036, 2012 Number Description Carry on Business Without a License 4.A.(1) Driveway Access Bylaw No. 2171, 2017 Number Description Construction of a Driveway Access without a Permit Failure to call for Final Inspection prior to regular use of the driveway access Failure to Comply with Minimum standards 3.5 7

8 Number Fire & Life Safety and Smoke Control Regulatory Bylaw No. 1718, 2007 Description Drive Vehicle Over Firefighting Equipment Schedule 6.3(iii) Fail to Remove Fire Hazardous Material Fail to Remove material obstructing Ingress or Egress 7.3(i) 7.3(ii) Failure to Secure Vacant Building Failure to Maintain/Blocking Fire Doors/Shutters Fail to Obtain Permit for Open Burning Fire (i) Fail to Obtain Permit for Fireworks 9.3(ii) Unauthorized use of Hydrant/Standpipes Fail to Maintain Hydrants in operating Condition (i) Fail to Have Hydrant Inspected 11.4(ii) Fail to Provide Fire Chief s office with Annual Hydrant Maintenance Records Fail to Provide Clear, Unobstructed Access to Hydrant Fail to Notify Fire and Rescue Service of Hydrant/Water Pressure Conditions Affecting Fire Safety Fail to Obtain Open Burning Permit Open Burning Before 7:00 a.m. or After Sunset Campfire Burning before 7:00 a.m. or After 11:30 p.m. 11.4(iii) 11.4(iv) 11.5(iii) (i) 13.1.(i) 8

9 Lakefront Area Public Place Regulation Bylaw No. 1869, 2011 Number Description Fail to hold a sublease or license Fail to remove unlawful construction 5 Manufactured Home Parks Bylaw No. 2193, 2017 Number Description Construct without a Permit Demolish without a Permit 4.a.ii. 4.a.ii Occupying a Building without an Occupancy Permit 4.a.iii Failure to Comply with Minimum Construction Standards 4.b. Noise Abatement Bylaw 1330, 1995 Number Description Noise Which Disturbs Use Property to Launch Boat without Muffling Device (a &b) Yes 3.3(i) Yes Construction Noise which Disturbs Yes 9

10 Park Regulation Bylaw 2089, 2014 Number Description In Park Between 11:00 p.m. and 5:00 a.m Yes Camping in Park Yes Use of Bow and Arrow/Slingshot/Boomerang/Weapon in Park Unauthorized Removal of Gravel/Sand/Soil Littering Yes Unauthorized Fire on Beach Vessels in Swimming Areas Vandalism Vandalism of Sign Vandalism of Tree Unauthorized Playing Golf in Park Yes Animal on Beach / Park Yes Failure to Pick Up After Animal in Park 17(b) Yes Vehicle in Park Overnight Parking boat Trailer Yes Unauthorized business in a park Yes Organized gathering/no permit Yes No smoking violation Yes 10

11 Sign Bylaw No.1853, 2007 Number Description No Sign Permit 3.2 Soil Deposit and Removal Bylaw No. 1934, 2010 Number Description Soil Deposit or Removal without a Permit Bylaw Yes 11

12 Number Solid Waste Management Regulation Bylaw No. 1899, 2009 Description Litter or Dispose of Garbage, Yard Waste or Recyclable Material Contrary to Bylaw Disposal of garbage in place other than Garbage Cart provided by the District for this purpose Disposal of recyclable material in place other than recyclable cart provided by the District for this purpose Deposit Garbage or Yard Waste at Recycling Depot Disposal of garbage in Cart owned by other Without Permission Deposit Garbage or Recyclables from outside District without Permission Enter and or Deposit Garbage, Recyclables at Landfill, Transfer Station or Recycling Depot Outside Operating Hours Transporting Garbage/Recyclable Materials from one Location to another for Collection Purposes Yes Yes Yes Yes Yes Yes Yes Yes Scavenging garbage/recyclables Yes Placing Mandatory Recyclable Materials in Garbage or Yard Waste Carts or Container Placing Garbage in Recyclable or Yard Waste Cart or Container Placing Yard Waste in Garbage or Recyclable Cart or Container Contaminate Recyclable Materials to make them Nonrecyclable Yes Yes Yes Yes 12

13 Traffic Regulation Bylaw No. 1856, 2007 Number Description Parking Within 6m of Crosswalk 4.01(a) Yes Parking Within a Bus Zone 4.01(b) Yes Parking Within 5m of a Fire Hydrant Parking Along yellow Painted Curb/Roadway with Yellow Painted Line Parking in Contravention of a Traffic Control Device Parking in Contravention of Highway Lines/Markings/Signs Parking in a Lane in excess of 15 minutes Parking on Highway where Pavement is 6m or less in Width 4.01(c) Yes 4.01(d) Yes 4.01(e) Yes 4.01(f) Yes 4.01(g) Yes 4.01(h) Yes Parking on sidewalk/boulevard 4.01(i) Yes Parking obstructing/impeding Traffic on Highway Parking Vehicle with right Side More Than 30cm from Face of Curb Parking on Left Side of Highway Opposite Direction of Normal Traffic Parking in Front of/within 1m of Driveway/Private Road Parking Vehicle Including Trailer in Excess of 6m in angle Parking Parking to Offer Commodities/Display Vehicle for Sale 4.01(j) Yes 4.01(k) Yes 4.01(l) Yes 4.01(m) Yes 4.01(n) Yes 4.01(o) Yes 13

14 Traffic Regulation Bylaw No. 1856, 2007 Number Description Parking Within 2m of Intersecting Lane 4.01(p) Yes Parking at Angle to Street Lines 4.01(q) Yes Parked at any angle to the street line except where authorized 4.01(r) Yes Parking 72 consecutive Hours 4.01(s) Yes Parking in a Fire Zone 4.01(t) Yes Parking in Loading Zone 4.01(u) Yes Parking on a Bridge 4.01(v) Yes Parking on Walkway/Crosswalk 4.01(w) Yes Parking in Disabled Zone Without Permit Parking Overnight on Beach Avenue Recreational Vehicles, Campers, Commercial Vehicles and Trailers attached or unattached to Vehicle Vehicle used for conveyance of hazardous materials left unattended Vehicle double parked on a highway 4.01(x) Yes 4.01(y) Yes Yes Yes Overtime Parking Yes Truck Parking on Residential Street Prohibit Construction on Road Allowance 9.03 (a-e) Person or groups of persons on a highway in such a manner to obstruct the free passage of pedestrians or vehicles Yes 14

15 Traffic Regulation Bylaw No. 1856, 2007 Number Description Engaging in Sport/ Amusement/Exercise/ Occupation on Highway 10.02(a) Yes Unnecessary Delay Vehicle 10.02(b) Yes Cause Obstruction on Highway 10.02(c) Yes Coast/Slide/Rollerskate/Skateboar d/ Sleigh/Skate/Ski on Highway 10.02(d) Yes Truck off Truck Routes Carrying of unsecured loads on a highway Vehicle or equipment on highway with projecting cleats, spikes or tracks (projections engaging the roadway) Driver operating a vehicle on highway splashing pedestrians Unauthorized use of a bicycle on a walkway Vandalism of Traffic Control Devise Yes Yes Yes Yes Littering on a Highway Yes Debris from Property on Road Prohibited Water on Highway Yes Damaging a Highway Failure to Remove Snow/Ice from Sidewalk Failure to Maintain Yard Contiguous To Road Right of Way Yes Yes Installing Culvert Without Consent

16 Tree Cutting Bylaw 1288, 1995 Number Description Cut/Remove/Damage tree/s within Tree Cutting Permit area 2.1(a) Unsightly Premises Bylaw No. 1333, 1995 Number Description Unsightly Premises 2(a-b) Yes Water Regulations Bylaw No. 1896, 2008 Number Description Prohibit Connection to Waterworks 14.1(a) Interconnect to another Source of Water Improper Installation of Equipment/Apparatus Interfere with Hydrant/Curbstop/Water Meter 14.1(b) 14.1(c) 14.4 Water Use Regulations Bylaw No. 1688, 2003 Number Description Wasting Water 2(b) Violation of Water Restrictions 6 16

17 Zoning Bylaw No. 2100, 2014 Number Description Unlawful Land Use A-1 Zone Unlawful Land Use A-21 Zone Unlawful Land Use RR-1 Zone Unlawful Land Use RR-2 Zone Unlawful Land Use R-1 Zone Unlawful Land Use RC-1 Zone Unlawful Land Use R-2 Zone Unlawful Land Use RM-1 Zone Unlawful Land Use RM-2 Zone Unlawful Land Use RM-3 Zone Part72, Part79,

18 Number Description Unlawful Land Use RM-4 Zone Unlawful Land Use C-2 Zone Unlawful Land Use C3 Zone Unlawful Land Use C-4 Zone Unlawful Land Use C-5 Zone Unlawful Land Use C-6 Zone Unlawful Land Use C-7 Zone Unlawful Land Use C-9 Zone Unlawful Land Use I-1 Zone Unlawful Land Use P-1 Zone Unlawful Land Use P-2 Zone , Part75, Part7, Yes Yes Yes Yes Yes Yes Yes Yes Yes 18

19 Number Description Park/Store a Prohibited Vehicle in an Agricultural, Rural or Residential Zone Keeping Wrecked Vehicles Accessory Building used unlawfully as a dwelling unit & Fence Height in Excess of permitted height Fence Height in Excess of 1.0m on corner Use of Barbed Wire/electrified Fence Use of barbed tape obstacle or razor wire Fence Unlawful use of a Shipping Container an d Unlawful placement and use of a Temporary Fabric Structure Park 5, Exceeding number of bee hives permitted on a property and

20 Number Description Bee hives located within 7.5 m of a lot line Part Unlawful Conduct of a Home Based Business Keeping Animals in Excess of Number Permitted