South Pender Enforcement of Bylaw Notices Bylaw No. 116

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SOUTH PENDER ISLAND LOCAL TRUST COMMITTEE BYLAW NO. 116

A BYLAW WITH RESPECT TO THE ENFORCEMENT OF BYLAW NOTICES WITHIN THE SOUTH PENDER ISLAND LOCAL TRUST AREA

WHEREAS the South Pender Island Local Trust Committee is the Local Trust Committee having jurisdiction on and in respect of the South Pender Island Local Trust Area, pursuant to the Islands Trust Act; and

WHEREAS the South Pender Island Local Trust Committee wishes to regulate the Enforcement of Bylaw Notices in the South Pender Island Local Trust Area;

NOW THEREFORE the South Pender Island Local Trust Committee enacts, in open meeting assembled, as follows:

Citation

1. This Bylaw may be cited as “South Pender Island Local Trust Committee Bylaw Enforcement Notification Bylaw, No. 116, 2019”.

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 South Pender Island 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; (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

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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 Compliance and Enforcement Manager; (3) Bylaw Compliance and Enforcement Officer; (4) Bylaw Compliance and Enforcement Assistant;

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

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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” and “B” 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 Compliance and Enforcement Manager; (b) Bylaw Compliance and 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:

(a) Schedule A – South Pender Island Land Use Bylaw No. 114, 2016 Contraventions and Penalties

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READ A FIRST TIME THIS 6TH DAY OF SEPTEMBER ,2019

READ A SECOND TIME THIS 6TH DAY OF SEPTEMBER ,2019

READ A THIRD TIME THIS 6TH DAY OF SEPTEMBER ,2019

APPROVED BY THE EXECUTIVE COMMITTEE OF THE ISLANDS TRUST THIS 30TH DAY OF OCTOBER ,2019

ADOPTED THIS 1ST DAY OF NOVEMBER ,2019

_______________________________ _____________________________________ SECRETARY CHAIR

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Schedule A SOUTH PENDER ISLAND LAND USE BYLAW NO. 114, 2016 CONTRAVENTIONS AND PENALTIES

Bylaw Description A1 A2 A3 A4 A5 Section The following fines Penalty Discounted Late Payment Compliance Compliance apply to the Amount Penalty Amount Penalty Agreement Agreement contraventions (within 14 days) Amount (after Available Discount below: 28 days) 3.2(1) Prohibited Airport $500.00 $375.00 $750.00 Yes 100% 3.2(2) Prohibited $500.00 $375.00 $750.00 Yes 100% Helliport 3.2(3) Prohibited Seaplane $500.00 $375.00 $750.00 Yes 100% Facility 3.2(4) Prohibited Private Marina $500.00 $375.00 $750.00 Yes 100% 3.2(5) Prohibited Disposal of $500.00 $375.00 $750.00 Yes 100% Waste 3.2(6) Prohibited Junkyard/Auto $350.00 $262.50 $525.00 Yes 100% Wrecking Yard/Storage of Derelict Vehicles 3.2(7) Prohibited Landfill/ $500.00 $375.00 $750.00 Yes 100% Disposal or Storage of Hazardous/Toxic Waste 3.2(8) Prohibited Dirt Bike or ATV $500.00 $375.00 $750.00 Yes 100% Trail 3.2(9) Prohibited $500.00 $375.00 $750.00 Yes 100% Rental/Sale/Commercia l Storage of Personal Watercraft 3.2(10) Prohibited Residential $500.00 $375.00 $750.00 Yes 100% Use of Vessel 3.2(11) Prohibited Commercial Use $500.00 $375.00 $750.00 Yes 100% of Buoy/Float/Dock/Wharf/St ructure 3.2(12) Buildings/Structures $500.00 $375.00 $750.00 Yes 100% Prohibited While Used for Prohibited Use 3.2(13) Prohibited $500.00 $375.00 $750.00 Yes 100% Dwellings/Cottages on Common Strata Property 3.2(14) Prohibited Boathouse $500.00 $375.00 $750.00 Yes 100% 3.2(15) Prohibited Floatplane $500.00 $375.00 $750.00 Yes 100% Hangar 3.3(2) Building/Structure in $500.00 $375.00 $750.00 Yes 100% Setback from Freshwater Waterbody 3.3(3) Building/Structure in $500.00 $375.00 $750.00 Yes 100% Setback from Sea 3.3(4) Sewage System To Close to $500.00 $375.00 $750.00 Yes 100% Page 1 of 6

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Schedule A SOUTH PENDER ISLAND LAND USE BYLAW NO. 114, 2016 CONTRAVENTIONS AND PENALTIES Watercourse/Well/Domest ic Water Supply 3.4(1) Dwelling/Cottage Too High $350.00 $262.50 $525.00 Yes 100% 3.4(2) Accessory $350.00 $262.50 $525.00 Yes 100% Building/Structure Too High 3.5(1) Accessory Building Used For $500.00 $375.00 $750.00 Yes 100% Human Habitation 3.5(3) Outbuilding On Lot Before $350.00 $262.50 $525.00 Yes 100% Dwelling 3.6(1) Home Businesses Goods $350.00 $262.50 $525.00 Yes 100% Less Than 70% Homemade/ Retail Sales Unrelated To Personal Service 3.6(2)(a)/(b)/ Prohibited Home $500.00 $375.00 $750.00 Yes 100% (c) Occupation 3.6(3) Home Occupation Not $350.00 $262.50 $525.00 Yes 100% Indoors/Screened 3.6(4) Home Occupation Too Big $350.00 $262.50 $525.00 Yes 100% 3.6(5) Home Occupation No $350.00 $262.50 $525.00 Yes 100% Resident Owner/Operator 3.6(6) Home Occupation Too $350.00 $262.50 $525.00 Yes 100% Many Employees 3.6(7) Home Occupation $350.00 $262.50 $525.00 Yes 100% Improper Parking 3.6(8)(a) B & B In Wrong Zone $350.00 $262.50 $525.00 Yes 100% 3.6(8)(c) B &B Too Many Bedrooms $350.00 $262.50 $525.00 Yes 100% 3.6(8)(d) B & B Too Many Employees $350.00 $262.50 $525.00 Yes 100% 3.6(8)(e) B &B Providing Meals $350.00 $262.50 $525.00 Yes 100% Other Than in Morning 3.6(8)(f) B & B Improper Parking $350.00 $262.50 $525.00 Yes 100% 3.6(8)(g) B & B In Accessory Building $350.00 $262.50 $525.00 Yes 100% 3.6(9)(a) STVR In Wrong Zone $500.00 $375.00 $750.00 Yes 100% 3.6(9)(b) STVR Use in Cottage and $500.00 $375.00 $750.00 Yes 100% Dwelling 3.6(9)(c) More Than One Cottage On $500.00 $375.00 $750.00 Yes 100% Lot Used For STVR 3.7(1) Over Height Agricultural $350.00 $262.50 $525.00 Yes 100% Building/Structure 3.8(1) Over Height Fence $200.00 $150.00 $300.00 Yes 100% 3.9(1) Improper Vegetative $200.00 $150.00 $300.00 Yes 100% Landscape Screen 3.9(2) Improper Non‐vegetative $200.00 $150.00 $300.00 Yes 100% Screen 3.10(1) Unpermitted Use of $500.00 $375.00 $750.00 Yes 100% Recreational Vehicle Page 2 of 6

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Schedule A SOUTH PENDER ISLAND LAND USE BYLAW NO. 114, 2016 CONTRAVENTIONS AND PENALTIES 3.11(1) Storing More Than One $350.00 $262.50 $525.00 Yes 100% Unlicensed Vehicle 3.11(2) Storing Unusable $350.00 $262.50 $525.00 Yes 100% Vehicle/Vessel 5.1(1) Unpermitted Use In RR $500.00 $375.00 $750.00 Yes 100% Zones 5.1(2)/(3)/(4) Unpermitted $500.00 $375.00 $750.00 Yes 100% Dwelling/Cottage In RR Zones 5.1(5) Exceed Floor Area on Lot $350.00 $262.50 $525.00 Yes 100% 5.1(6)(a) Building/Structure In $350.00 $262.50 $525.00 Yes 100% Setback From Front/Rear Lot Line 5.1(6)(b) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Setback from Interior Lot Line 5.1(6)(c) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Setback From Exterior Lot Line 5.1(7) Accessory Building Exceeds $350.00 $262.50 $525.00 Yes 100% Floor Area 5.1(8) Using more than one $500.00 $375.00 $750.00 Yes 100% Dwelling Or Cottage At Same Time in RR Zones 5.2(1) Unpermitted Use in C Zone $500.00 $375.00 $750.00 Yes 100% 5.2(2) Combined Floor Area of $350.00 $262.50 $525.00 Yes 100% Buildings and Structures Covers Too Much Area 5.2(3) A Building/Structure $350.00 $262.50 $525.00 Yes 100% Covers Too Much Area 5.2(4)(a) Building/Structure in $500.00 $375.00 $750.00 Yes 100% Front/Rear Setback 5.2(4)(b) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Interior Setback 5.2(4)(c) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Exterior Setback 5.2(6) Resort Hotel Fail To Comply $500.00 $375.00 $750.00 Yes 100% With Conditions Of Use. 5.3(1) Unpermitted Use In S Zone $500.00 $375.00 $750.00 Yes 100% 5.3(2) Exceed Lot Coverage $350.00 $262.50 $525.00 Yes 100% 5.3(3) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Setback 5.3(4) Building/Structure Too $350.00 $262.50 $525.00 Yes 100% High 5.4(1) Unpermitted Use In S2 $500.00 $375.00 $750.00 Yes 100% Zone 5.4(2) Exceed Lot Coverage $350.00 $262.50 $525.00 Yes 100% Page 3 of 6

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Schedule A SOUTH PENDER ISLAND LAND USE BYLAW NO. 114, 2016 CONTRAVENTIONS AND PENALTIES 5.4(3) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Setback 5.4(4) Building/Structure Too $350.00 $262.50 $525.00 Yes 100% High 5.5(1) Unpermitted Use in A Zone $500.00 $375.00 $525.00 Yes 100% 5.5(2) More Than One Dwelling $500.00 $375.00 $750.00 Yes 100% 5.5(3) Extra Cottage/Dwelling $500.00 $375.00 $750.00 Yes 100% Without Ongoing Agriculture 5.5(4)/(5) Exceed Lot Coverage $350.00 $262.50 $525.00 Yes 100% 5.5(6)(a) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Front/Rear Setback 5.5(6)(b) Building/Structure in Side $350.00 $262.50 $525.00 Yes 100% Setback 5.5(7)(a)/(b)/ Agricultural $500.00 $375.00 $750.00 Yes 100% (c)/(d) Buildings/Structures in Setback 5.5(9) Exceed Dwelling Floor Area $350.00 $262.50 $525.00 Yes 100% 5.5(10) Using More Than One $500.00 $375.00 $750.00 Yes 100% Dwelling Or Cottage At Same Time In RR Zones 5.6(1) Unpermitted Use In F Zone $500.00 $375.00 $750.00 Yes 100% 5.6(2) More than One Dwelling $500.00 $375.00 $750.00 Yes 100% and One Cottage 5.6(3)/(4) Exceed Lot coverage $350.00 $262.50 $525.00 Yes 100% 5.6(5) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Setback 5.6(6) Building/Structure Too High $350.00 $262.50 $525.00 Yes 100% 5.6(7) Exceed Dwelling floor Area $350.00 $262.50 $525.00 Yes 100% 5.6.8 Using More Than One $500.00 $375.00 $750.00 Yes 100% Dwelling Or Cottage At Same Time in RR Zones 5.6(9) Portable Sawmill In Setback $350.00 $262.50 $750.00 Yes 100% 5.7(1) Unpermitted Use in NR Zone $500.00 $375.00 $750.00 Yes 100% 5.7(2) More than One Dwelling $500.00 $375.00 $750.00 Yes 100%

5.7(3) More Than One Dwelling $500.00 $375.00 $750.00 Yes 100% and One Cottage 5.7(4) Exceed Lot Coverage $350.00 $262.50 $525.00 Yes 100% 5.7(5) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Setback 5.7(6) Exceed Dwelling Floor Area $350.00 $262.50 $525.00 Yes 100%

5.7(7) Using More Than One $500.00 $375.00 $750.00 Yes 100% Dwelling Or Cottage At Same Time in RR Zones 5.8(1) Unpermitted Use In $500.00 $375.00 $750.00 Yes 100% Page 4 of 6

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Schedule A SOUTH PENDER ISLAND LAND USE BYLAW NO. 114, 2016 CONTRAVENTIONS AND PENALTIES Community Park Zone 5.8(2) Exceed Lot Coverage $350.00 $262.50 $525.00 Yes 100% 5.8(3) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Setback 5.8(4) Building/Structure Too High $350.00 $262.50 $525.00 Yes 100% 5.9(1) Unpermitted Use in NP Zone $500.00 $375.00 $750.00 Yes 100% 5.9(2) Exceed Lot Coverage $350.00 $262.50 $525.00 Yes 100% 5.9(3) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Setback 5.9(4) Building/Structure Too High $350.00 $262.50 $525.00 Yes 100% 5.10(1) Unpermitted Use In RC Zone $500.00 $375.00 $750.00 Yes 100% 5.10(2) Exceed Lot Coverage $350.00 $262.00 $525.00 Yes 100% 5.10(3) Building/Structure Exceeds $350.00 $262.50 $525.00 Yes 100% Floor Area 5.10(4) Building/Structure in $350.00 $262.50 $525.00 Yes 100% Setback 5.10(5) Building/Structure Too High $350.00 $262.50 $525.00 Yes 100% 5.11(1) Unpermitted Use in W1 $500.00 $375.00 $750.00 Yes 100% Zone 5.11(2) Unpermitted Building on $500.00 $375.00 $750.00 Yes 100% Float/Wharf 5.11(3) Float/Wharf Exceeds $500.00 $375.00 $750.00 Yes 100% combined Floor Area 5.11(4) Ramp/Walkway Exceeds $350.00 $262.50 $525.00 Yes 100% Width 5.11(5) Structure in Setback $350.00 $262.50 $525.00 Yes 100% 5.12(1) Unpermitted Use in W2 $500.00 $375.00 $750.00 Yes 100% Zone 5.12(2) Structure in Setback $350.00 $262.50 $525.00 Yes 100% 5.13(1) Non Permitted Use in W3 $500.00 $375.00 $750.00 Yes 100% Zone 5.13(3) W3 Uses Outside W3 Zone $350.00 $262.50 $525.00 Yes 100% 5.13(4) Building Exceeds floor Area $350.00 $262.50 $525.00 Yes 100% 5.13(5) Structure Too High $350.00 $262.50 $525.00 Yes 100% 5.14(1) Unpermitted Use in W4 $500.00 $375.00 $750.00 Yes 100% Zone 5.15(2) Unpermitted Use in W5 $500.00 $375.00 $750.00 Yes 100% Zone 6.2(1)/(2)/(3) Prohibited Sign $350.00 $262.50 $525.00 Yes 100% 6.4(1) Sign Outside Front or $350.00 $262.50 $525.00 Yes 100% Exterior Setback Area 6.5 Fail to Remove Obsolete $350.00 $262.50 $525.00 Yes 100% Sign 6.6 Too Many/Too Large Sign $350.00 $262.50 $525.00 Yes 100% 7.2 Parking Fails To Meet Design $350.00 $262.50 $525.00 Yes 100% Standard Page 5 of 6

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Schedule A SOUTH PENDER ISLAND LAND USE BYLAW NO. 114, 2016 CONTRAVENTIONS AND PENALTIES 7.2(2) Parking Space Too Small $350.00 $262.50 $525.00 Yes 100% 7.3(4) Fail to Provide/Maintain $350.00 $262.50 $525.00 Yes 100% Required Off Street Parking

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