PART 2: ADMINISTRATION

Division 7: Ensuring Compliance With This Bylaw

General Offences

49        (1)              Any person who contravenes any provision of this Bylaw by doing any act or thing which the person is prohibited from doing or by failing to do any act or thing the person is required to do is guilty of an offence.

(2)              A person is guilty of an offence where they make use of land or a development:

(a)        in a manner that is not in accordance with an approved development permit including any conditions forming part of that development permit;

(b)        without a development permit where one is required in accordance with Part 2, Division 3; or

(c)        for a use, other than a non-conforming use, that is not a permitted use or a discretionary use in the governing land use district.

(3)              Any person who is convicted of an offence pursuant to this Bylaw is liable on summary conviction to a fine not exceeding $10,000 and in default of payment of any fine imposed, to a period of imprisonment not exceeding six months.

9P2012

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Violation Tickets and Penalties

50        (1)              Where an Officer believes that a person has contravened any provision of this Bylaw, the Officer may commence proceedings against the person by issuing a violation ticket pursuant to the Provincial Offences Procedures Act.

(2)              Where there is a specified penalty listed for an offence in Schedule B to this Bylaw, that amount is the specified penalty for the offence.

(3)              Where there is a minimum penalty listed for an offence in Schedule B to this Bylaw, that amount is the minimum penalty for that offence.

(4)              If a person is convicted twice of the same provision of this Bylaw within a twenty-four month period:

(a)        the specified penalty for the second conviction is twice the amount of the specified penalty for a first offence as set out in Schedule B; and

(b)        the minimum penalty for the second conviction is the amount of the specified penalty for a first offence.

(5)              If a person is convicted three or more times of the same provision of this Bylaw within a twenty four month period:

(a)        the specified penalty for the third and subsequent convictions is three times the amount of the specified penalty as set out in Schedule B; and

(b)        the minimum penalty for the third and subsequent convictions is twice the amount of the specified penalty for a first offence.

(6)              This section does not prevent any Officer from issuing a violation ticket requiring a court appearance of the defendant, pursuant to the provisions of the Provincial Offences Procedures Act, or from laying an information in lieu of issuing a violation ticket.

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Other Remedies

51        (1)              Nothing in this Bylaw diminishes or in any way affects the powers of a Development Authority  to issue orders for compliance or in any way affects any person’s rights to appeal a Development Authority's order.

(2)              Nothing in this Bylaw diminishes or in any way affects the provisions of the Municipal Government Act relating to offences and penalties.

(3)              Nothing in this Bylaw diminishes or in any way affects the rights of the City pursuant to the Municipal Government Act, or at common law to seek an entry order, order for compliance, injunction or any other order to obtain compliance with this Bylaw.

(4)              The levying and payment of any fine or the imprisonment for any period provided in this Bylaw does not relieve a person from the necessity of paying any fees, charges or costs for which that person is liable under the provisions of this Bylaw, any other Bylaw or other enactment.

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Specific Enforcement Relating to Signs

52        (1)              Every sign owner must ensure that its signs are in compliance with every applicable rule. More than one sign owner may be subject to enforcement respecting the same sign.

(2)              When a sign that is subject to this Bylaw no longer fulfils its function under the terms of the development permit, the Development Authority may issue an order for the removal of the sign to the sign owner or property owner, and the person to whom the order is issued must:

(a)        within 30 days from the receipt of the Order remove the sign and all related structural components including removing or screening exposed base and foundations to the satisfaction of the Development Authority;

(b)        restore the immediate area around the sign to the satisfaction of the Development Authority including the ground or any building to which the sign was attached, as close as possible to its original form prior to the installation of the sign; and

(c)        bear all the costs related to the removal and restoration.

(3)              Where an Officer believes that a Temporary Sign, Flag Sign, Banner Sign, String of Pennants, Real Estate Sign, Special Event Sign or Inflatable Sign is not authorized or in compliance with this Bylaw and the Officer has written authorization from the owner of the parcel on which the sign is located to enter onto the property to obtain compliance, the Officer may enter onto the parcel and remove the sign without prior notice to any person.

(4)              Immediately following the impoundment of a sign pursuant to subsection (3), the Officer must provide written notice of the impoundment to the sign owner, when the identity of such person is ascertainable.

(5)              The Officer may cause the sign to be destroyed or disposed of without incurring any obligation to compensate any party for the destruction or disposal of the sign:

(a)        within 14 days of issuing the notice referred to in subsection (4), if the sign owner is ascertainable; or

(b)        within 14 days of the sign being impounded, prior to its destruction, if the sign owner is not ascertainable.

(6)              Prior to the destruction of a sign contemplated by subsection (5), a sign owner may reclaim a sign that has been impounded, but the sign will not be returned to the sign owner unless and until payment for all impoundment and storage fees is made.

(7)              The fees for the impoundment referred to in subsection (6) are:

(a)        towing and impounding signs $75.00 per sign ;

(b)        storing signs that are equal to or less than 1.5 square metres is $3.00 per sign for every day the sign is stored; and

(c)        storing signs that are greater than 1.5 square metres is $5.00 per sign for every day the sign is stored.

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