Bylaw No. 3017-2020
|Part 1 — General|
|3 General offence|
|4 Continuing offence|
|5 Enforcement powers|
|6 General penalty|
|7 Specific penalties|
|8 Bylaw enforcement officers|
|8.1 Duty to provide name and address|
|8.2 Authority to enter on or into property|
|9 Entry warrants|
|Part 2 — Bylaw Notice Proceedings|
|10 Designation of bylaw contraventions dealt with by bylaw notice|
|11 Issuance of bylaw notice|
|12 Contents of bylaw notice|
|13 Delivery of bylaw notice|
|14 Options on receipt of bylaw notice|
|15 Screening officer established|
|16 Screening officer review|
|17 Early payment discount - bylaw notices|
|18 Late payment surcharge - bylaw notices|
|19 Compliance agreements|
|20 Dispute adjudication|
|Part 3 — Municipal tickets for bylaw offences|
|21 Designation of ticketable bylaw offences|
|22 Words or expressions authorized to designate offences|
|23 Issuance of municipal ticket|
|24 Contents of ticket|
|25 Options on receipt of municipal ticket|
|26 Hearing of dispute|
|27 Failure to respond to ticket|
|28 Early payment discount - municipal tickets|
|Part 4 — Collection of fines and penalties|
|29 Amounts owing enforced as court judgment|
|30 Collection action|
|31 Recovery of penalty and costs by legal remedy of distress|
|Part 5 — Amendments|
The Council of the City of Abbotsford, in open meeting assembled, enacts as follows:
1 The Interpretation Bylaw applies to this bylaw.
2 In this bylaw:
"bylaw notice" has the same meaning as in the Local Government Bylaw Notice Enforcement Act, S.B.C. 2003, c. 60;
"screening officer" means a person within the class of persons designated under section 8 bylaw enforcement officers that is appointed under section 15 screening officer as a screening officer by the corporate officer.
3 If a bylaw establishes a regulation or requirement to be observed in the City, a person who contravenes the regulation or requirement commits an offence that is punishable in the same manner as if the bylaw had expressly forbidden persons from doing or refraining from doing the act.
4 If a bylaw is contravened on more than one day, a separate bylaw contravention occurs for each day on which it is committed or continued.
(a) proceeding by under the Local Government Bylaw Notice Enforcement Act;
(c) prosecuting the offence in accordance with the Offence Act, R.S.B.C. 1996, c. 338;
6 Unless otherwise specifically provided in an enactment, the following penalties apply in respect of every bylaw contravention:
(b) $1 000 for a bylaw contravention dealt with by municipal ticket;
(c) a maximum fine of $50 000 and 6 months imprisonment for a bylaw contravention prosecuted under the Offence Act;
(d) a minimum fine of $2 000 for a bylaw contravention prosecuted under the Offence Act.
7 (1) As an exception to section 6 (a), the penalty that applies to a bylaw contravention dealt with by set out in Column 1 of Table 1 is the penalty set out in Column 2 of Table 1 opposite the bylaw contravention.
(2) As an exception to section 6 (d), the minimum fine that applies to a bylaw contravention prosecuted under the Offence Act set out in Column 1 of Table 2 is the fine set out in Column 2 of Table 2 opposite the bylaw contravention.
(d) bylaw enforcement officers appointed pursuant to the Police Act, R.S.B.C. 1996, c. 367;
8.1 When requested by a officer performing duties or exervising powers under an enactment, a person must state correctly the person's name and address.
(a) to inspect and determine whether all regulations, prohibitions and requirements are being met in relation to any matter for which the council, a City officers or employee or person authorized by the council has exercised authority under a provincial enactment to regulate, prohibit and impose requirements;
Note: See section 3 bylaw enforcement officers of the Community Charter Bylaw Enforcement Ticket Regulation.
9 The City solicitor may apply to a justice for a warrant authorizing a person named in the warrant to enter on or into property and conduct an inspection or take other action as authorized by the warrant if access to property is necessary for the purposes of a City power, duty or function under an Act.
10 Subject to the Bylaw Notice Enforcement Regulation, B.C. Reg. 175/2004, every bylaw contravention, including a contravention that arises under section 3 general offence of this bylaw, may be dealt with by .
11 (1) If a bylaw contravention may be dealt with by , a officer may complete and issue a to a person against whom the contravention is alleged.
(b) the amount of the penalty that the recipient is liable to pay in respect of the contravention, the amount of a discount for early payment of the penalty, the amount of a surcharge for late payment of the penalty and the consequences of failing to respond to the ;
(e) information required under the Bylaw Notice Enforcement Regulation.
(e) if the named person is an extraprovincial company as defined in the Business Corporations Act, by delivering the to the attorney for the extraprovincial company,
(f) if the is in respect of a particular parcel of real property or an improvement on a particular parcel of real property, by delivering the to a person who appears to be at least 16 years old at that parcel, or
(g) in a manner permitted under the Local Government Bylaw Notice Enforcement Act.
15 (1) The position of screening officer is established.
16 (1) A issued to enforce a bylaw must be reviewed by a screening officer before a dispute adjudication in respect of the may be scheduled.
(2) A screening officer, after reviewing a , may
(a) cancel the notice if, in the screening officer's opinion,
17 Unless otherwise specifically provided in an enactment, the amount of the penalty payable for a bylaw contravention dealt with by is discounted by $50 if the penalty is paid in full within 14 days of the delivery of the .
18 Unless otherwise specifically provided in an enactment, the amount of the penalty payable for a bylaw contravention dealt with by is $500 if not paid within 30 days following the date the penalty becomes due and payable.
(c) entering into the compliance agreement is appropriate in the circumstances.
(2) A compliance agreement must
(b) describe one or more actions the person named in the agrees to take or refrain from taking, which may include expenditures the person agrees to make, to remedy the person's contravention or the adverse effects that resulted from the contravention,
(c) subject to subsection (3), set out the time frame within which the person named in the agrees to take or not take each action described in paragraph (b) and report to the screening officer on the action taken or not taken, and
(d) subject to subsection (3), specify the date the agreement ends.
(3) The maximum duration of a compliance agreement entered into under this section is 1 year.
(4) Subject to subsection (5), the penalty payable for a bylaw contravention dealt with by may be reduced by an amount up to 100% in accordance with a compliance agreement entered into under this section.
(5) In calculating the amount of the reduction of the penalty under subsection (4), the screening officer must consider the following factors in relation to the bylaw contravention and the person named in the :
(f) whether a previous compliance agreement with the person was rescinded;
(b) observes or performs all the terms of the compliance agreement,
(7) If, in the opinion of the screening officer, the person who has entered into a compliance agreement breaches a term of the compliance agreement or otherwise fails to observe or perform the terms of the compliance agreement, the screening officer may rescind the compliance agreement.
20 (1) A dispute adjudication system for the City is established for the purposes of Part 3 Bylaw Notice Dispute Adjudication of the Local Government Bylaw Notice Enforcement Act to hear and determine disputes in respect of whether
(b) the terms and conditions of a compliance agreement were observed or performed.
(3) A fee of $25 is payable by a person who is unsuccessful in a dispute adjudication in relation to a or a compliance agreement.
Note: Section 1 bylaws excluded from municipal ticketing authority of the Community Charter Bylaw Enforcement Ticket Regulation, B.C. Reg. 425/2003 excludes firearm and motor vehicle speed limit matters from the scope of ticketable bylaw offences.
22 The following may be used on a ticket to designate an offence against a bylaw:
24 A ticket issued under this Part must be in the form and contain the information prescribed by the Community Charter Bylaw Enforcement Ticket Regulation.
25 (1) A person on whom a ticket is served must, within 14 days after the date of service,
(b) dispute the allegation contained in the ticket by
(i) delivering or having delivered to the address set out in the ticket a written notice of dispute, or
(ii) appearing in person at the location set out in the ticket to give notice of dispute.
(2) A notice of dispute under subsection (1) must contain an address for the person disputing the allegation and sufficient information to identify the ticket and the alleged contravention being disputed.
(a) the person does not pay the fine or dispute the charge in accordance with section 25 options on receipt of municipal ticket, and
(b) at least 14 days have elapsed since the ticket was served on the person.
28 Unless otherwise specifically provided in an enactment, the amount of the penalty payable in relation to an offence dealt with by municipal ticket is discounted by $500 if the penalty is paid in full by the 30th day from the date on which the ticket is served.
29 The City solicitor may take steps to recover an amount due and payable to the City in respect of a bylaw contravention by
(b) registering a certificate filed under paragraph (a) as a judgment forming a lien and charge on real property owned by the person named in the certificate,
(c) applying for an order under the Court Order Enforcement Act, R.S.B.C. 1996, c. 78 that all debts due to the person named in a certificate filed under paragraph (a) be garnished and attached to the extent necessary to satisfy the person's liability for the amount due to the City,
(e) applying to the Supreme Court for the sale of real property subject to a lien registered under paragraph (b), or
30 The City solicitor or a manager of bylaw services may refer to a collection agency an amount due and payable to the City in respect of a bylaw contravention.
31 (1) If a penalty, or part of a penalty, and all costs imposed are not paid promptly, the City solicitor may apply to a justice or court to authorize all or part of the penalty and costs to be levied by distress and sale of the offender's personal property.
(2) If there is no distress out of which the penalty and costs or part of the penalty and all of the costs can be levied, the City solicitor may apply to the justice or court to commit the offender to a maximum of 6 months imprisonment.
32 Section 25 delegation of powers, duties and functions in relation to bylaw contraventions of the Officer Designation and Delegation of Authority Bylaw, 2018 is repealed.
33 The definition of "Bylaw Enforcement Officer" in Schedule "A" is repealed and the following substituted:
"Bylaw Enforcement Officer" has the same meaning as in the Bylaw Enforcement Bylaw.
34 Sections 11.1(b) speed limits and 12.1 speed limits on local urban roads of the Street and Traffic Bylaw, 2006 are repealed.