Gabriola LTC Compliance and Bylaw Enforcement Policy
· Gabriola Island · Adopted Bylaws · 2024
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Topics: Bylaw enforcement · Governance & budget — our classification, not the Trust's.
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1 Gabriola Island Local Trust Committee Bylaw Compliance & Enforcement Policy Bylaw Compliance & Enforcement Policy No. 1, effective November 7, 2024. Version No. 1 Purpose To establish policies and procedures for bylaw compliance and enforcement in the Gabriola Island Local Trust Area in accordance with the adopted Trust Council Policies contained in Policy 5.5.1., and that are within the authority of the Local Trust Committee to enforce, and that will ensure polices and procedures are efficient, transparent, reasonable, and consistent with local community standards. PART A 1.0 Application This policy will apply to the Gabriola Island Local Trust Area and the enforcement of all applicable regulatory bylaws. 2.0 Definitions & Abbreviations BEN – bylaw enforcement notice LUB – Land Use Bylaw LTC – Local Trust Committee Minor structure – any structure that does not require a building permit, and that is not located in a development permit area or located within any other environmentally sensitive area Respondent – a property owner whose property is subject to a bylaw enforcement complaint Health & Safety concerns – fire, unsafe construction, hazards relating to steep slopes or cliffs, dumping of sewage Vexatious - complaints that are made in bad faith or for retaliatory purposes or that are considered frivolous, may be considered vexatious; or repeated complaints that form a part of a pattern of conduct by the complainant that amounts to an abuse of the complaint process 3.0 References Gabriola Island Land Use Bylaw No. 177 Mudge Island Land Use Bylaw No. 228 Gabriola Island Local Trust Committee Bylaw Enforcement Notification Bylaw No. 263 2 4.0 Priorities 4.1 Enforcement on short-term vacation rentals is a priority and proactive enforcement is authorized. 4.2 Enforcement on non-compliant dwellings will be deferred unless there are contraventions in development permit areas; or other environmentally sensitive areas; or there are concerns about health and safety; or the lack of an approved septic system; or if it is determined that there is contamination of wells or other drinking sources. 4.3 Enforcement on limited public markets will be deferred when they are operated indoors contrary to section B.6.2 of the LUB. Operators will be provided with information regarding the applicable land use regulations. 5.0 Inspection 5.1 At the start of any investigation, Bylaw Enforcement Officers will determine if entry to the property is necessary to investigate the alleged contravention or if the investigation can be conducted from a public road or other lands. 5.2 Bylaw Enforcement Officers will give 30 days notice for inspection of any property unless there is consent for a site inspection at less than 30 days. 5.3 Investigations into health and safety issues and matters that may cause adverse environmental impact and result in irreversible damage are a priority and may be investigated
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