Bylaw Services

Respecting the rights of our neighbours and ensuring that our property values are maintained is an important aspect of community living. At times, however, boundaries may be crossed and Bylaw Services Officers are given the task to investigate complaints received from the public about alleged violations of various municipal bylaws.

In addition, Bylaw Services Officers are tasked with enforcing the Provincial Motor Vehicle Act and regulations concerning parking in order to ensure an increased degree of safety for our residents. These regulations may include such things as parking too close to a fire hydrant, stop sign, crosswalk, etc., parking adjacent to yellow lines or parking on the wrong side of the road.

While there are certain areas of enforcement that are safety related and require proactive enforcement, the majority of bylaws are enforced on a complaint-only basis. This ensures that Bylaw Services is serving the needs of the community and that the complaints received are of high importance.

Should a member of the public have a bylaw matter that they wish to resolve, they are encouraged to discuss the issue with the Bylaw Officer. In most cases, the complainant will be asked to submit the complaint in writing and provide their name, address, phone number and their relationship to the issue that the complaint is regarding.

The goal of bylaw enforcement is not to penalize the citizens of the Town of Oliver or visitors to the Town, but rather to achieve compliance through education and the provision of information in order to preserve the quality of life to which each citizen is entitled.

Bylaw Adjudication

The Bylaw Adjudication system allows local governments to manage most bylaw violations, such as parking tickets, at the local level rather than through the Provincial Court system. Residents who receive a Bylaw Offence Notice will have the opportunity to dispute violations out of court via an independent adjudicator who will hear all disputes.

Those wishing to dispute Bylaw Notices must do so by completing the dispute/request for adjudication section on the back of the ticket and submitting it to the Town Office in person, by mail, fax or email within 14 days of issuance.

Disputes will follow a three step process:

1. The individual disputing their Bylaw Notice (disputant) will speak with the Screening Officer. This officer will review the Bylaw Notice and uphold, revoke or adjust if appropriate.
2. If the Screening Officer upholds the Bylaw Notice, the disputant can choose to pay it, or have it forwarded to an adjudicator. If the disputant chooses the adjudication process, they will be notified when they may present their case, whether they choose to do so in writing, by phone, or in person.
3. A date, time and location for adjudication will be provided to the disputant. (Click here to view the 2012 calendar) Independent adjudicators will determine whether a bylaw infraction did or did not occur. If the adjudicator upholds the infraction, the full penalty will be applied as well as an adjudication fee of $25. If the adjudicator determines that no bylaw violation has occurred, no fine or adjudication fee will be applied.

Bylaw Offence Payments

There are a number of ways you can pay a Bylaw Offence Notice. Payments must be received within the noted time limits to receive the discounted amount. No exceptions will be made.

PAY BY MAIL:

Cheque or Money Order Only: Town of Oliver – PO Box 638, Oliver, BC  V0H 1T0. Please make your cheque or money order payable to the Town of Oliver. Do not send cash in the mail. A dishonoured cheque will not be considered payment of the penalty within the prescribed time. Additional Charges will apply for NSF cheques. Postmarks are not accepted as date of payment.

PAY IN PERSON:

Debit Card, Cash, or Cheque, 9:00 am to 4:00 pm, Monday to Friday, Town Office  - 6150 Main Street, Oliver, BC

AFTER HOURS PAYMENTS

For after hours payments at the Town Office, a  mail slot is located on the parking lot entrance door.

QUESTIONS / INQUIRIES?

Please call the Town of Oliver at 250-485-6200  prior to requesting adjudication.

PAYMENT TERMS

If the bylaw notice is paid within 14 days, a discount will apply, depending on the amount of the issued notice.

If after 14 days the ticket is not paid and the ticket has not been disputed or an Adjudication Hearing has not been requested, the opportunity to dispute the ticket is lost and the penalty will immediately become due and payable.

If after 28 days the ticket is not paid, a surcharge will be added, depending on the amount of the issued ticket.

If after 28 days the ticket has not been paid, nor a request for an Adjudication Hearing made, a letter is sent providing a final opportunity to pay. If payment is still not received after a further 28 days, the ticket may be forwarded to our collection agent and/or court action taken.

Bylaw Violation FAQ's

I lost my ticket. How do I dispute it or request adjudication?

Please contact the Town Office to request a copy, fill out the dispute form on the back of the ticket and return it via mail, email, fax or in person as directed.

I received a ticket in early 2012, before the new system was implemented. What process do I use to dispute it?

Any Bylaw Violation Notice issued before June 1, 2012 must be disputed in person at the Town Office, where Disputants will submit Notice of Dispute in writing. Municipal Ticket Information may be disputed in the manner shown on the reverse side of the ticket. Any disputes of tickets issued prior to June 1, 2012 will be heard in the Provincial Court of B.C.

How do I schedule my adjudication date and location?

The first step in disputing a ticket is to contact the local jurisdiction in which you received the ticket and submit Notice of Dispute. Contact information is on the Violation Notice. You will then have an opportunity to submit information so that the Screening Officer can review the case and if appropriate cancel or adjust the ticket. If the Violation Notice is not cancelled the disputant may request that it be forwarded to an Adjudicator. Adjudication hearings are held monthly in various locations within the Okanagan.

What are my options to dispute my Bylaw Offence Notice?

Disputants have 14 calendar days upon receipt of the Bylaw Offence Notice to file a dispute. If they do not request adjudication within 14 days, they will not be able to dispute the allegation. Bylaw Offence Notices can be disputed in writing, by phone, or in person.

What happens if I forget to pay my Bylaw Offence Notice?

If a Bylaw Offence Notice remains unpaid after 28 days, the late payment charge as noted on the front of the Notice will be applied. If the Notice remains unpaid after the final notice is sent out, it will then be sent to a collection agency for further action.

What happens if I did not receive a ticket and find out about the alleged offence after the 14 day dispute period?

If you advise the Bylaw Services 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 are the different types of offence notices?

• Bylaw Offence Notice (Handwritten). May be issued to a person, company, or vehicle. Used for first time offenders or minor offences. Disputes are heard by a dispute resolution adjudicator appointed by the province and held at the local government level. Fines of up to $500 per offence.
• Municipal Ticket Information (Handwritten). May be issued to a person or company. Used for repeat offenders or more serious offences. Disputes are 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.
• Longform Information (Summons issued by Provincial Court Registry). May be issued to a person or company. Used for repeat offenders, serious offences, or situations where a court order may be requested. Case is 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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