7.200 Inspections, Enforcement and Penalties

2.1. It is an offence for any person to:
 
2.1.1. contravene; or
2.1.2. cause, allow or permit a contravention of, 
  any provisions of this Bylaw.
2.2. If a Development Permit is required but has not been issued or is not valid under this Bylaw, it is an offence for any person to:
 
2.2.1. construct a building or structure;
2.2.2. make an addition or alteration to a building or structure;
2.2.3. commence or undertake a Use or change of intensity of Use; or
2.2.4. place a Sign on land, or on a building or structure.
2.3. It is an offence for any person to undertake development in contravention of a Development Permit, including any conditions of approval.
2.4. It is an offence for any person not to take the corrective measures specified in a Violation Notice issued as specified in Subsection 5.
2.5. It is an offence for any person to continue to develop after a Development Permit has expired or has been cancelled or suspended.

 

3.1. It is an offence to undertake development of, or addition to, an Accessory building without a valid Development Permit where a Development Permit is required.
3.2. It is an offence to use a Recreational Vehicle or an Accessory building for residential living purposes. The following criteria may be considered when determining if a Recreational Vehicle or Accessory building is being used for residential living purposes: 
 
3.2.1. it is connected to utilities for the purpose of power, water, gas, or sewer services;
3.2.2. it is storing food, personal effects, clothing, bedding, personal hygiene products, medication, or similar items;
3.2.3. it is being occupied for the purpose of sleeping or accommodation;
3.2.4. it is unsecured and is at risk of non-authorized use;
3.2.5. the kitchen or sanitary facilities show signs of recent use; and
3.2.6. other similar criteria.
3.3. Despite Subsection 3.2, a Recreational Vehicle lawfully located in a campground within an Outdoor Recreation Service Use is permitted.
3.4. It is an offence to construct a Fence, wall or gate exceeding the maximum Height specified in this Bylaw without a valid Development Permit where a Development Permit is required.
3.5. It is an offence to construct a Platform Structure without a valid Development Permit where a Development Permit is required.
3.6. It is an offence to store a vehicle that is prohibited or restricted under Subsection 5 of Section 5.120 of this Bylaw in a residential Zone without a valid Development Permit where a Development Permit is required.
3.7. It is an offence to Hard Surface an area within a Front Yard or a Flanking Side Yard in a way that contravenes this Bylaw without a valid Development Permit where a Development Permit is required.
3.8. It is an offence not to display a Development Permit notification Sign where a Development Permit notification sign is required, even if this requirement is not listed as a Development Permit condition.

 

4.1. It is an offence to display a Portable Sign without a valid Development Permit where a Development Permit is required.
4.2. It is an offence not to display the Sign ownership in a visible location, or to deface, obscure, or otherwise make the ownership identification unreadable, on a Portable Sign.
4.3. It is an offence to display a Portable Sign in contravention of a Development Permit.
4.4. It is an offence to allow a Sign to become an Abandoned Sign. The following criteria may be considered when determining if a Sign has become an Abandoned Sign:
 
4.4.1. the Sign is missing Copy;
4.4.2. the Sign contains no Copy;
4.4.3. the Sign advertises a thing, place, or business that is no longer in existence;
4.4.4. the Sign is damaged or is overturned; and
4.4.5. other similar criteria.
4.5. It is an offence to display a Fascia Sign or Projecting Sign without a valid Development Permit where a Development Permit is required.
4.6. It is an offence to display a Fascia Sign or Projecting Sign in contravention of a Development Permit.

 

5.1. A Bylaw Enforcement Officer or designated officer, may carry out inspections to determine compliance with this Bylaw, a Development Permit, or the Municipal Government Act.
5.2. Where a Bylaw Enforcement Officer reasonably believes that an offence has been committed or is occurring, the Bylaw Enforcement Officer may notify either the owner of the land, building or structure, the person in possession of the land, building, or structure, the person responsible for the violation, including the applicant for the Development Permit, or any or all of these persons, of the contravention of this Bylaw, by:
 
5.2.1. delivering a Violation Notice either in person, email, by fax, or by ordinary mail:
 
5.2.1.1. to the owner of the land, building, or structure, or the person in possession of the land, building, or structure, at the address listed on the tax roll for the land in question;
5.2.1.2. to the applicant for the Development Permit, at the applicant’s address as listed on the Development Permit application; or
5.2.1.3. to the owner of the Sign, at a location where the owner carries on business.
5.3. A Violation Notice must state:
 
5.3.1. the nature of the offence;
5.3.2. the corrective measures required to remedy the offence and comply with this Bylaw;
5.3.3. the time within which such corrective measures must be performed; and
5.3.4. any penalty for not complying with the Violation Notice, if the corrective measures are not completed within the time specified.
5.4. In a prosecution for a contravention of this Bylaw, the name of any person, organization, corporation, or other ownership on a Sign is sufficient proof that that person, organization, corporation, or other ownership placed the Sign, or caused or permitted the Sign to be placed on land.
5.5. Issuance of a Violation Notice is not required before commencing any other enforcement action under the Municipal Government Act, or this Bylaw, or at all.
5.6. A person must not prevent or obstruct a Bylaw Enforcement Officer from carrying out any official duty under this Bylaw or the Municipal Government Act.

 

6.1. A person who is guilty of an offence must pay the applicable penalty amount specified in Table 7.1. If a fine amount is not specified in Table 7.1, the minimum penalty is $1,000.00 for a first offence and $2,500.00 for any subsequent offence. 
6.2. Where there is a penalty listed for an offence in Table 7.1, that amount is the minimum penalty for that offence.
6.3. A subsequent offence means an offence committed by a person after that person has already been convicted of the same offence or has voluntarily paid a fine for the same offence.

 

Table 7.1. Specified Penalties for Offences
Offence Subsection Minimum Penalty
First Offence		 Minimum Penalty Subsequent Offence
General Offences
Contravention of a Zoning Bylaw regulation 2.1. $1,000.00 $2,500.00
Development without a Development Permit 2.2. $1,000.00 $2,500.00
Development in contravention of a Development Permit 2.3. $1,000.00 $2,500.00
Failure to comply with a Violation Notice 2.4. $500.00 $1,000.00
Continuing development after a Development Permit expires, is cancelled or is suspended. 2.5. $1,000.00 $2,500.00
Specific Offences
Development of, or an addition to, an Accessory building without a Development Permit 3.1. $250.00 $500.00
Use of a Recreational Vehicle or Accessory building for residential living 3.2. $500.00 $1,000.00
Over-Height Fence, wall or gate without a Development Permit 3.4. $250.00 $500.00
Construction of a Platform Structure without a Development Permit 3.5. $250.00 $500.00
Restricted vehicle in a residential Zone without a Development Permit 3.6. $250.00 $500.00
Hard Surfacing in contravention of Zoning regulations  3.7. $1,000.00 $2,500.00
Failing to display a Development Permit notification Sign 3.8. $500.00 $1,000.00
Sign Offences
Portable Sign without a Development Permit 4.1. $250.00 $500.00
Portable Sign without visible and readable Sign ownership 4.2. $250.00 $500.00
Portable Sign in contravention of a Development Permit 4.3. $250.00 $500.00
Abandoned Sign 4.4. $250.00 $500.00
Fascia Sign or Projecting Sign without a Development Permit 4.5. $500.00 $1,000.00
Fascia Sign or Projecting Sign in contravention of a Development Permit 4.6. $500.00 $1,000.00