Part 4 Contravention and Enforcement

4.1. General Provisions

4.1.1.            The enforcement powers granted under this Bylaw are in addition to any enforcement powers the Municipality or Development Authority may have under the Act or any other applicable legislation.

4.1.2.            The Development Authority may enforce the provisions of this Bylaw.

4.1.3.            A person shall not prevent or obstruct the Development Authority from carrying out any official duty under this Bylaw or the Act.

4.1.4.            Nothing in this Bylaw diminishes or in any way affects:

(a)       the provisions of the Act; or,

(b)       the rights of the Municipality pursuant to the Act, or at common law to seek an entry order, order for compliance, injunction or any other order to obtain compliance with this Bylaw.

4.1.5.            The Development Authority may require the removal of a sign, at the sole expense of the owner, which has in the opinion of the Development Authority become unsightly or is in such a state of disrepair that constitutes a hazard.

4.2. Stop Order

4.2.1.             A Development Authority may issue any order described in accordance with the Act:

(a)       upon the occurrence of any event or circumstance described in the Act;

(b)       an application for a development permit contains a misrepresentation; or,

(c)       material facts concerning the application were not disclosed during the application process.

4.3. Contravention and Penalties

4.3.1.            An offence is committed when a person:

(a)       fails to comply with any provision or condition of a development permit; or

(b)       contravenes any other provision of this Bylaw.

4.3.2.            A person who commits an offence under this Bylaw is liable upon conviction to a fine of not more than $10,000 or to imprisonment for not more than one year, or to both fine and imprisonment.

4.3.3.            A person charged with an offence may choose to make a voluntary payment by way of a specified penalty for such offence as listed in Appendix B: Penalties.

4.3.4.            Where there is a specified penalty listed for an offence in Appendix B: Penalties, that amount is the specified penalty for the offence, unless:

(a)   any person contravenes the same provision of this Bylaw twice within one (1) consecutive twelve (12) month period, in which case the penalty shall not be less than double the amount set out in Appendix B: Penalties; or,

(b)   any person contravenes the same provision of this Bylaw a third or subsequent time within one (1) consecutive twelve (12) month period, in which case the penalty shall not be less than triple the amount set out in Appendix B: Penalties.

4.3.5.            Where an offence continues for more than a day, it shall constitute a separate offence for each additional day the contravention continues.

4.4. Right of Entry and Inspections

4.4.1.             A Designated Officer may upon reasonable notice enter on any land or into any building for the purpose of carrying out any inspection, remedy, enforcement or action pursuant to any provision of this Bylaw or the Act.

4.4.2.             If the owner or occupier of land or a building consent to entry on the land or into any building by the Development Authority for the purpose of carrying out any inspection, remedy, enforcement or action pursuant to any provision of this Bylaw or the Act, the owner or occupier is deemed to have received reasonable notice pursuant to section 542 of the Act.

4.4.3.             If a person refuses to allow or interferes with the entry, inspection, enforcement or other action pursuant to any provision of this Bylaw or the Act, the Development Authority may proceed to secure court ordered entry pursuant to section 543 of the Act.

4.5. Compliance with Other Legislation

4.5.1.            A person applying for, or in possession of a valid development permit is not relieved from the responsibility for ascertaining and complying with, or carrying out development in accordance with:

(a)       the requirements of the Safety Codes Act, Environmental Protection and Enhancement Act and Natural Resource Conservation Board Act;

(b)       the requirements of any other Federal, Provincial or Municipal statute, regulation, code or standard; or

(c)       the conditions of any caveat, covenant, easement or other instrument, affecting a building or land or the use of a building or land.

4.5.2.            It is an applicant’s responsibility to determine all legislation that may apply to a development.