|1 Policy Statement|
|2 Purpose of this policy|
|7 Guiding Principles|
|8 Making a call for service|
|9 Recording, assessing and responding to calls for service|
|10 Reporting outcomes|
|12 Related procedures, guidelines and publications|
|13 Waiving of requirements|
1 Sets out direction to Employees and information for the public about:
(a) the City's approach to bylaw enforcement;
(b) how to make a Call for Service;
(d) how Requestors will be informed of outcomes.
(2) Unless otherwise provided in this Policy, words and phrases used herein have the same meanings as in the Community Charter, S.B.C. 2003, Local Government Act [RSBC 2015] c. 1, R.S.B.C. 2015, and Interpretation Act, R.S.B.C. 1996, or as the context and circumstances may require.
(3) A reference to a statute refers to a statute of the Province of British Columbia, and a reference to any statute, regulation or bylaw refers to that enactment, as amended or replaced from time to time.
5 In this policy
"Bylaw Adjudication System" means a front-end ticketing process for initiating enforcement and a locally managed “back-end” venue for a non-judicial adjudicator to hear ticket disputes.
"Bylaw Enforcement Officer" has the same meaning as set out in the City's Bylaw Notice Enforcement Bylaw, 2007.
"Bylaw Services" means the City's Bylaw Services Division.
"Call for Service" means when a call is made to the City for service of bylaw enforcement
"City" means the City of Abbotsford.
"Compliance Staff" means Bylaw Enforcement Officer and other persons acting on behalf of the City for the purpose of processing Calls for Service and/or providing subject matter expertise for enforcement
"Contravener" means the person deemed in contravention of a City bylaw.
"Council" means the Council of the City of Abbotsford.
"Employee" means an employee of the City.
"Operating Procedures" means the specific procedure established for a City department or division.
"Requestor" means the person requesting a Call for Service.
"Strata Council" has the same meaning as set out in the Strata Property Act, S.B.C. 1998.
6 (1) Bylaw Services:
(b) manages the Bylaw Adjudication System, more formal legal enforcement remedies, and collection of debts arising from bylaw offences; and
(c) conducts the City's bylaw enforcement activities; however, in some circumstances, it may be necessary to include staff from other divisions depending on the nature of the contravention.
(2) It is the responsibility of the Manager to ensure that staff are aware of this Policy and perform their job duties in accordance with this Policy.
(c) the impact of the contravention on the Requestor;
(d) any general directives from Council.
(b) the infraction is occurring on City owned lands; or
(5) Response to Calls for Service is generally triaged as follows:
(b) Priority #2: Impact – (three (3) or more Requestors)
(iii) When responding to repeat offences, the response is to proceed directly to Step 3 of its enforcement approach, as set out in paragraph (a) (iii).
(ii) Compliance Staff will investigate the matter, focus on education, and provide opportunities for voluntary compliance.
(iii) Discretion may be used to determine whether it is in the City's or the community’s best interest to pursue the matter.
(3) When submitting a Call for Service, Requestors must provide their name, address, telephone number, and email contact information, and the exact address where the alleged contravention has occurred.
(6) The anonymity and confidentiality given to Requestors and alleged Contraveners under this Policy cannot be assured in all circumstances, particularly if a Call for Service has been publicly disclosed by the Requestor, or if an investigation results in court proceedings.
(7) The identity of Requestors, the details of the City's investigation and enforcements, and any identifying information will only be used and disclosed in accordance with the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996.
(8) Situations in which Requestor information or enforcement history may be disclosed include:
(b) if required under the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996;
(10) A Requestor should be informed of the possibility that their evidence may be required at an adjudication hearing or in court proceedings at the time of the initial Call for Service or during the investigative process.
9 (1) Upon receipt of a written Call for Service:
(2) While all Calls for Services are received and recorded, not all will be investigated in person.
(4) Bylaw Enforcement Officers will exercise discretion when determining appropriate enforcement action, including the best method to gain compliance.
(5) Bylaw Enforcement Officers will conduct site inspections in accordance with applicable law.
(7) Relevant consideration for assessing and responding to Calls for Service, including exercising discretion, in consultation with the Manager, to determine appropriate action includes but is not limited to:
(6) Compliance Staff will respond to specific requests for information, subject to confidentiality requirements, as time permits.
(7) Requestors will be advised when a matter has been resolved.
11 Where an issue arises in a strata-titled building, concerns must be taken up with the respective Strata Council or property management company for investigation and enforcement.
12 The following documents are related to this Policy:
13 Subject to applicable enactments and the City's bylaws, the City Manager may waive this Policy or authorize an exemption on a case-by-case or class basis.