Bylaw complaint or infraction
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Often complaints can be resolved amicably between neighbours. Before contacting the Bylaw Enforcement Officer for assistance, it is recommended that whenever possible, residents should attempt to resolve their issues.
Make a bylaw complaint by telephone or in writing to Bylaw Enforcement.
- You must identify yourself when making the complaint. We will not accept anonymous complaints. Complainant information is considered confidential and will not be released to the person whose property is being investigated, unless under an order by the Provincial Freedom of Information Act or where necessary in a court of law.
- When you call, you should be prepared to provide as much detail as possible about the complaint including:
- address of property involved
- description of motor vehicle with licence plate number if possible
- date when violation first observed
- detailed description of violation
Our Bylaw Enforcement Officer will investigate your complaint as soon as possible. You can tell the bylaw officer if you want to be updated of the outcome of our investigations. This includes:
- if we can validate your complaint,
- the action taken,
- deadlines given,
- conclusion of the file,
- and any other information.
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Bylaw enforcement measures
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We use a variety of enforcement measures. The most preferred is to simply talk to people who are violating the City's bylaws. To explain the need for the bylaws and obtain voluntary compliance.
When we cannot easily meet with people, warning letters will be:
- mailed to residences
- hand delivered
- or left on vehicles
These letters will explain the nature of the violation and ask for compliance by a specific date. Follow up investigations will occur to ensure compliance. If compliance is not achieved formal legal proceedings may begin or, under the Bylaw Offence Notice Bylaw, a ticket(s) may be issued. For parking violations, issuing a bylaw offence notice may be without notice.
The City has a high success rate in obtaining voluntary compliance with City bylaws. Yet, there are always a few people who prove more difficult to convince. You may not always feel that your concerns are being addressed quickly enough, but where there is no voluntary compliance, following the formal legal requirements can take time.
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Bylaw policy
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Our policy, Bylaw Enforcement Guidelines, states the following:
The Council of the City of Dawson Creek directs:
- To make a reasonable attempt to for voluntary compliance with Bylaws before initiating enforcement action.
- Take enforcement action with regard to Bylaws only under these circumstances:
- Where there exists an identified complaint who is directly affected by the alleged violation,
- When the complainant is the City itself, only where a lack of compliance represents a real and substantial harm to the City's interest.
- In administering Bylaw Enforcement advising ALL complainants that:
- The details of their complaints will be made known to the alleged violators,
- Any complainant's identity is held in confidence unless required to be revealed through any ensuing legal process.
- If the complainant is required to be identified before enforcement action may proceed, or continue, and refuses to have their identity revealed, any action required by, or resulting from their complaint will be abandoned.
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Disputing a bylaw violation
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We employ the Bylaw Dispute Adjudication System. This allows us and the recipients to deal with disputes covering alleged bylaw violations at the local level rather than through the Provincial Court System.
BC drivers, residents or businesses who receive a Notice of Bylaw Violation in the City of Dawson Creek have the opportunity to dispute their violations out of court, through independent adjudicators who hear all disputes. These adjudicators are contracted by the Provincial Attorney General's Office and funded by the City.
The system is set out in the Provincial Government's Local Government Bylaw Notice Enforcement Act. It intends to resolve disputes in a simple, cost-effective manner. Dawson Creek's Bylaw Dispute Adjudication System improves efficiency in the areas of paying and collecting fines. As well delivering a streamlined and convenient process to the public.
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How the Adjudication system works
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There are two options after receiving a ticket:
| 1) Pay the violation notice |
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Penalties can fluctuate based on when the ticket is paid:
- Reduced penalty when paid within 14 calendar days
- Full penalty when paid between 15 and 30 calendar days
- Late penalty when paid between 31 and 60 calendar days
- Ticket is sent to collections after 60 calendar days
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2) Dispute the violation notice
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The adjudication program is a three step process if you wish to dispute your violation notice:
- You must fill out and return the adjudication request form that is on the back of the Bylaw Notice Violation Ticket within 14 days of issuance.
- You then have the opportunity to speak with a City screening officer. The screening officer will review the details of the violation notice and may cancel it due to technical errors or special circumstances. Then you will be shown photos taken of the violation by the bylaw officer. If the screening officer does not cancel the ticket, you can:
- Schedule a hearing
- Pay the violation notice
- Enter into a compliance agreement
3. If you choose to schedule a hearing, you will tell the screening officer which method of hearing you prefer: through writing, by email, by phone or in person. At that time, the screening officer will notify you of what to do to present your case. The City will always present their case, in writing, to the adjudicator and the issuing bylaw officer does not need to attend the hearing.
Each ticket must be submitted separately for each ticket you choose to dispute. A date and time for adjudication will be given to you and the hearing will happen at City Hall or another public location. During the hearing, independent adjudicators determine whether a bylaw infraction did or did not occur. If a violation was deemed to have occurred, the full penalty will be applied as well as an adjudication fee of $25 to offset the cost of the process. If no bylaw violation was deemed to have occurred, there will be no fine applied.
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Why is Adjudication used?
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- Simplifies dispute process
- Removes minor bylaw violations from the Provincial court system
- Resolves through a streamlined process
- Uses provincial and municipal time and resources more efficiently and effectively, saving taxpayer dollars
- Reduces ticket dispute time
- Reduces need to use lawyers to take a case to court
- More convenient for those who are challenging violations because attendance at the hearing is not mandatory. If a person chooses to attend the hearing, the time commitment is shorter than attending court
- Helps ensure bylaw compliance
- Reduces time bylaw officers spend in court, allowing them to concentrate on serving the public in other capacities
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Violation FAQs
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What happens if I did not receive a ticket and find out about the alleged offence after the 14 day dispute period?
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| When a Bylaw Notice remains unpaid after 14 days, a reminder notice is sent by mail. If you tell the Bylaw office within 21 days of the issue date of the notice that you did not receive the original, the Bylaw Offence Notice may be reissued and the dispute period extended for an additional 14 days. |
What is a Compliance Agreement?
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| When you agree to correct a Bylaw violation, in some instances the City will accept a reduced penalty. Parking violations are not applicable. |
What happens if you ignore a Violation Notice?
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| If a penalty is unpaid after 60 days, tickets are forwarded to a collection agency to recover the penalty. |
When will my dispute be heard?
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We will mail you the date and time of your hearing.
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Can I pay the penalty before the hearing date if I change my mind?
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Yes, however, payments received after 14 days from the issuing of the violation notice must be paid in full.
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Can I pay the reduced penalty within 14 days and still proceed to adjudication?
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No. Once the penalty is paid the violation notice is closed.
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Do I need to appear in person for the hearing?
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No. You may send a written submission or arrange for a conference call.
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Can the adjudicator consider my financial position if found guilty?
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No. The adjudicator will only determine if the offence occurred. The adjudicator has no authority to raise or lower the penalty amount.
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Can I Appeal the adjudicator's decision to a higher authority?
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No. The adjudicator's decision is final.
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What are the different types of offence notices?
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1. Bylaw Offence Notice (Handwritten or Computer Generated)
- Issued to a person, company, or vehicle.
- Used for first time offenders or minor offences.
- Heard by a dispute resolution adjudicator appointed by the province and held at the local government level.
- Fines of up to $500 per offence.
2. Municipal Ticket Information (Handwritten)
- Issued to a person or company.
- Used for repeat offenders or more serious offences.
- Heard in the Provincial Court of B.C., usually heard by a Judicial Justice of the Peace (JJP)
- Fines of up to $1,000 per offence.
3. Longform Information (Summons issued by Provincial Court Registry)
- Issued to a person or company.
- Used for repeat offenders, serious offences, or situations were a court order may be requested.
- Heard in the Provincial Court of B.C. before a Judicial Justice of the Peace (JJP) or a Provincial Court Judge.
- Fines of up to $10,000 per offence, 6 months in jail, or a court order may be issued.
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