Ballenas-Winchelsea Enforcement Notification Bylaw No. 34

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EXECUTIVE COMMITTEE ACTING AS A LOCAL TRUST COMMITTEE (BALLENAS-WINCHELSEA ISLANDS) BYLAW NO. 34, 2018

A BYLAW IN RESPECT TO THE ENFORCEMENT OF BYLAW NOTICES WITHIN THE EXECUTIVE COMMITTEE ACTING AS A LOCAL TRUST COMMITTEE (BALLENAS-WINCHELSEA ISLANDS) LOCAL TRUST AREA

WHEREAS the Executive Committee Acting as a Local Trust Committee is the Local Trust Committee having jurisdiction on and in respect of the Executive Committee Acting as a Local Trust Committee Local Trust Area, pursuant to the Islands Trust Act; and

WHEREAS the Executive Committee Acting as a Local Trust Committee wishes to regulate the Enforcement of Bylaw Notices in the Executive Committee Acting as a Local Trust Committee Local Trust Area;

NOW THEREFORE the Executive Committee Acting as a Local Trust Committee enacts, in open meeting assembled, as follows:

Citation

1. This Bylaw may be cited as “Islands Trust Executive Committee Acting as a Local Trust Committee Bylaw Enforcement Notification Bylaw No. 34, 2018”.

1.0 INTERPRETATION

In this Bylaw:

1.1 “Act” means the Local Government Bylaw Notice Enforcement Act, SBC 2003, c 60. 1.2 “Registry” means the Islands Trust established pursuant to section 6 of this bylaw. 1.3 “LTC” means the Executive Committee Acting as a Local Trust Committee.

2.0 DEFINITIONS

The terms in this bylaw have the same meaning as the terms defined in the Act.

3.0 BYLAW CONTRAVENTIONS

The bylaws and bylaw contraventions designated in Schedule “A” attached to this bylaw may be dealt with by Bylaw Violation Notice.

4.0 PENALTY

The penalty for a contravention referred to in Section 3 is as follows:

(1) subject to paragraphs (2) to (4), is the Penalty amount set out in column A1 of Schedule “A” as attached to this bylaw; (2) if received by the Islands Trust within 14 days of the person receiving or being presumed to have received the bylaw violation notice, is the Early Payment Penalty Amount set out in column A2 of Schedule “A” as attached to this bylaw applies;

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(3) if more than 28 days after the person has received or is presumed to have received the bylaw violation notice, is subject to a late payment surcharge in addition to the penalty under paragraph (1) , and is the Late Payment Penalty Amount set out in column A3 of Schedule “A” as attached to this bylaw or (4) if paid under a compliance agreement, may be reduced as provided under column A5 of Schedule ”A” as attached to this bylaw.

5.0 PERIOD FOR PAYING OR DISPUTING NOTICE

5.1 A person who receives a bylaw violation notice must, within 14 days of the date on which the person received or is presumed to have received the bylaw violation notice,

(1) pay the penalty, or (2) request dispute adjudication

by filling in the appropriate portion of the bylaw violation notice indicating either a payment or a dispute and delivering it, either in person during regular office hours, or by mail, to the Islands Trust as directed on the bylaw violation notice.

5.2 A person may pay the indicated penalty after 14 days of receiving the notice subject to the applicable surcharge for late payment in accordance with Section 4(3) of this bylaw, but no person may dispute the bylaw violation notice after 14 days of receiving it.

5.3 Where a person was not served personally with a bylaw violation notice and advises the Islands Trust that they did not receive a copy of the original notice, the time limits for responding to a bylaw violation notice under Sections 5, 6 and 7 of this bylaw do not begin to run until a copy of the bylaw violation notice is re-delivered to them in accordance with the Act.

6.0 BYLAW NOTICE DISPUTE ADJUDICATION SYSTEM

6.1 The Registry is established as a bylaw violation notice dispute adjudication system in accordance with the Act to resolve disputes in relation to bylaw violation notices.

6.2 The civic address of the Registry is Suite 200 – 1627 Fort Street, Victoria, BC V8R 1H8.

6.3 Every person who is unsuccessful in dispute adjudication in relation to a bylaw violation notice or a compliance agreement under the dispute adjudication system established under this Section, must pay the Islands Trust an additional fee of $25.00 for the purpose of the Islands Trust recovering the costs of the adjudication system.

7.0 SCREENING OFFICERS

7.1 The position of screening officer is established.

7.2 The following are designated classes of person that may be appointed as screening officers:

(1) Regional Planning Manager; (2) Bylaw Enforcement Manager; (3) Bylaw Enforcement Officer; (4) Bylaw Enforcement Assistant;

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and the LTC may appoint screening officers from these classes of persons by name of office or otherwise.

7.3 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, to 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 violation notice dispute adjudication system and the fee or fees payable in relation to the bylaw violation 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:

(a) the person against whom a contravention is alleged or their representative; (b) the officer issuing the bylaw violation notice; (c) the complainant or their representative; (d) the Islands Trust staff and record regarding the disputant’s history of bylaw compliance.

(3) To prepare and enter into compliance agreements under the Act with persons who dispute bylaw violation 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; (4) 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 (5) To cancel bylaw violation notices in accordance with the Act or LTC policies and guidelines.

7.4 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.

7.5 The maximum duration of a compliance agreement is one year.

8.0 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:

(a) Bylaw Enforcement Manager; (b) Bylaw Enforcement Officer.

9.0 FORM OF BYLAW VIOLATION NOTICE

The LTC may, from time to time, stipulate the form or forms of the bylaw violation notice provided the bylaw violation notice complies with Section 4 of the Act.

10.0 SCHEDULES

The following schedule is attached to and forms part of this bylaw:

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(a) Schedule A – Executive Committee Acting as a Local Trust Committee Ballenas-Winchelsea Islands Land Use Bylaw No. 28, 2013 Contraventions and Penalties.

READ A FIRST TIME THIS 12TH DAY OF DECEMBER , 2018

READ A SECOND TIME THIS 12TH DAY OF DECEMBER , 2018

READ A THIRD TIME THIS 12TH DAY OF DECEMBER , 2018

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS 15TH DAY OF JANUARY , 2019

ADOPTED THIS 23RD DAY OF JANUARY , 2019

_______________________________ _________________________________ SECRETARY CHAIR

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Schedule A EXECUTIVE COMMITTEE ACTING AS A LOCAL TRUST COMMITTEE (BALLENAS-WINCHELSEA ISLANDS) BALLENAS-WINCHELSEA ISLANDS LAND USE BYLAW NO. 28, 2013 CONTRAVENTIONS AND PENALTIES

Bylaw Description A1 A2 A3 A4 A5 Section The following fines apply To the Penalty Early Late Compliance Compliance contraventions below: Amount Payment Payment Agreement Agreement Penalty Penalty Available Discount Amount Amount (within 14 (after 28 days) days) 3.1 Non Permitted $500.00 $375.00 $750.00 Yes 100% Use/Building/Structure 3.2(1) Non Permitted Junkyard, Auto- $500.00 $375.00 $750.00 Yes 100% wrecking and/or Storage of Derelict Vehicles 3.2(2) Disposal/Storage Of Hazardous $500.00 $375.00 $750.00 Yes 100% Or Toxic Waste 3.2(3) Non Permitted Sale of $350.00 $262.50 $525.00 Yes 100% Commercial Storage of Personal Watercraft Breakwater 3.2(4) Non Permitted Residential Use Of $500.00 $375.00 $750.00 Yes 100% Vessel 3.2(5) Non Permitted Finfish $500.00 $375.00 $750.00 Yes 100% Aquaculture 3.2(6) Non Permitted Structure $500.00 $375.00 $750.00 Yes 100% Connecting Any Island To Another Island Or Mainland 3.2(7) Non Permitted Water Utility $500.00 $375.00 $750.00 Yes 100% Lines Connecting Any Island to Another Island or Mainland 3.2(8) Non Permitted Marinas $500.00 $375.00 $750.00 Yes 100% 3.2(9) Non Permitted Wind Generators $350.00 $262.50 $525.00 Yes 100% 3.2(10) Non Permitted Dog Breeding and $350.00 $262.50 $525.00 Yes 100% Boarding Kennels 3.2(11) Non Permitted Storage of $350.00 $262.50 $525.00 Yes 100% Unusable, Stripped, Non- functional or Abandoned Vehicles, Vessels, Trailers or Campers 3.2(12) Non Permitted Commercial Uses $500.00 $375.00 $750.00 Yes 100% 3.2(13) Non Permitted Industrial Uses $500.00 $375.00 $750.00 Yes 100% 3.3(2) Non Permitted $350.00 $262.50 $525.00 Yes 100% Building/Structure Encroaching in Setback

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Schedule A EXECUTIVE COMMITTEE ACTING AS A LOCAL TRUST COMMITTEE (BALLENAS-WINCHELSEA ISLANDS) BALLENAS-WINCHELSEA ISLANDS LAND USE BYLAW NO. 28, 2013 CONTRAVENTIONS AND PENALTIES

Bylaw Description A1 A2 A3 A4 A5 Section The following fines apply To the Penalty Early Late Compliance Compliance contraventions below: Amount Payment Payment Agreement Agreement Penalty Penalty Available Discount Amount Amount (within 14 (after 28 days) days) 3.3(3) Non Permitted $350.00 $262.50 $525.00 Yes 100% Building/Structure Encroaching Setback From the Sea 3.3(4) Non Permitted $350.00 $262.50 $525.00 Yes 100% Building/Structure Encroaching Setback From Any Natural Watercourse or Wetland 3.4(1) Dwelling Exceeding Maximum $350.00 $262.50 $525.00 Yes 100% Permitted Height 3.4(2) Accessory Building Exceeding $350.00 $262.50 $525.00 Yes 100% Maximum Permitted Height 3.5(1) Fence Exceeding Maximum $200.00 $150.00 $300.00 Yes 100% Permitted Height 3.6(1) Non Permitted Use of Accessory $500.00 $375.00 $750.00 Yes 100% Building for Human Habitation 3.6(2) More Than Two (2) Accessory $350.00 $262.50 $525.00 Yes 100% Buildings and/or Exceeding Total Accessory Building Floor Area 3.6(3) More Than One (1) Non- $350.00 $262.50 $525.00 Yes 100% residential Building prior to Construction of Dwelling or Residential Use 3.7(1) Non Permitted Home Occupation $200.00 $150.00 $375.00 Yes 100% 3.7(2) Fail to Operate Home Occupation $200.00 $150.00 $375.00 Yes 100% Within Permitted Building 3.7(3) Exceed Maximum Home $200.00 $150.00 $300.00 Yes 100% Occupation Floor Area 3.7(4) Fail to Operate Home Occupation $200.00 $150.00 $300.00 Yes 100% Without Operator or Employee Present on Property 3.7(5) Fail to Meet Home Occupation $200.00 $150.00 $300.00 Yes 100% Employee Regulations 3.7(6) Fail To Store Home Occupation $200.00 $150.00 $300.00 Yes 100% Materials/Commodities/Finished Products Within Permitted Building

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Schedule A EXECUTIVE COMMITTEE ACTING AS A LOCAL TRUST COMMITTEE (BALLENAS-WINCHELSEA ISLANDS) BALLENAS-WINCHELSEA ISLANDS LAND USE BYLAW NO. 28, 2013 CONTRAVENTIONS AND PENALTIES

Bylaw Description A1 A2 A3 A4 A5 Section The following fines apply To the Penalty Early Late Compliance Compliance contraventions below: Amount Payment Payment Agreement Agreement Penalty Penalty Available Discount Amount Amount (within 14 (after 28 days) days) 3.7(7) More than One (1) Sign For All $200.00 $150.00 $300.00 Yes 100% Home Occupations on Lot 3.7(8) Excessive Noise From Home $200.00 $150.00 $300.00 Yes 100% Occupation 3.7(9) Exceeding Maximum Permitted $200.00 $150.00 $300.00 Yes 100% Bedrooms and Beds in Guest Accommodation Home Occupation 5.1(1) Non Permitted Use In Residential $500.00 $375.00 $750.00 Yes 100% Zone 5.1(2) More Than One (1) Dwelling $500.00 $375.00 $750.00 Yes 100% 5.1(3) Exceed Maximum Permitted Lot $350.00 $262.50 $525.00 Yes 100% Coverage 5.1(4) Exceed Maximum Permitted $350.00 $262.50 $525.00 Yes 100% Dwelling Floor Area 5.1(5) Building/Structure Encroaching $350.00 $262.50 $525.00 Yes 100% Into Setback 5.2(1) Non Permitted Use In $500.00 $375.00 $750.00 Yes 100% Community Service Zone 5.2(2) Exceed Maximum Permitted Lot $350.00 $262.50 $525.00 Yes 100% Coverage 5.2(3) Building/Structure Encroaching $350.00 $262.50 $525.00 Yes 100% Setback 5.3(1) Non Permitted Use In $500.00 $375.00 $750.00 Yes 100% Conservation Zone 5.3(2) More Than One (1) Dwelling $500.00 $375.00 $750.00 Yes 100% 5.3(3) Exceed Maximum Permitted Lot $350.00 $262.50 $525.00 Yes 100% Coverage 5.4(1) Non Permitted Use In Park Zone $500.00 $375.00 $750.00 Yes 100% 5.5(1) Non Permitted Use and/or $500.00 $375.00 $750.00 Yes 100% Building/Structure In Nature Protection Zone 5.6(1) Non Permitted Use In Marine $350.00 $375.00 $750.00 Yes 100% General Zone 5.6(2) More Than One (1) Dock $350.00 $262.50 $525.00 Yes 100% 5.6(3) Structure Encroaching into $350.00 $262.50 $525.00 Yes 100%

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Schedule A EXECUTIVE COMMITTEE ACTING AS A LOCAL TRUST COMMITTEE (BALLENAS-WINCHELSEA ISLANDS) BALLENAS-WINCHELSEA ISLANDS LAND USE BYLAW NO. 28, 2013 CONTRAVENTIONS AND PENALTIES

Bylaw Description A1 A2 A3 A4 A5 Section The following fines apply To the Penalty Early Late Compliance Compliance contraventions below: Amount Payment Payment Agreement Agreement Penalty Penalty Available Discount Amount Amount (within 14 (after 28 days) days) Setback 5.6(4) Mooring Buoys Located Outside $200.00 $150.00 $300.00 Yes 100% of 100 Metres of Upland Lot 5.6(5) Ramp/Walkway/Pier Exceeding $200.00 $150.00 $300.00 Yes 100% Maximum Permitted Width 5.6(6) Float/Piers Exceeding Maximum $200.00 $150.00 $300.00 Yes 100% Permitted Area 5.6(7) Permitted Structures Exceeding $350.00 $262.50 $525.00 Yes 100% Maximum Height and Area 5.6(8) Non Permitted Building On $350.00 $262.50 $525.00 Yes 100% Float/Dock/Pier/Breakwater 5.6(9)) Non Permitted Dock $350.00 $262.50 $525.00 Yes 100% Construction Material 5.7(1) Non Permitted Use In Marine $500.00 $375.00 $750.00 Yes 100% Protection Zone 6.1 Non Permitted Sign $200.00 $150.00 $300.00 Yes 100% 6.2 Non Permitted Sign $200.00 $150.00 $300.00 Yes 100% 6.3 Sign Exceeding Maximum Height $200.00 $150.00 $300.00 Yes 100% 6.4 Fail to Remove Obsolete Sign $200.00 $150.00 $300.00 Yes 100% 6.5 Exceed Maximum Number $200.00 $150.00 $300.00 Yes 100% and/or Permitted Sign Size

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