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HomeMy Public PortalAboutBylaw Enforcement Complaint Management PolicyCOUNCIL Page 1 of 4 POLICY Effective Date March 23, 2015 Revised: January 25, 2021 Section: Development Services Title: Bylaw Enforcement Complaint Management Policy 1.0 POLICY STATEMENT It is the policy of the Town of Oliver that the enforcement of regulatory bylaws shall be administered on both a pro-active and complaint-based system. To encourage only valid complaints, and to reduce the opportunity for intimidation and neighbourhood conflict, the Town of Oliver supports balancing accountability and confidentiality among the parties to a complaint process. The Town of Oliver has no duty to take enforcement action with respect to every contravention of a bylaw that may occur within its jurisdiction. The Town will use discretion on a case-by-case basis to evaluate contraventions, and take reasonable steps to investigate contraventions in accordance with this policy and operations guidelines of the Town. 2.0 PURPOSE The purpose of bylaw enforcement is to achieve voluntary compliance with Town of Oliver bylaws. Complaints normally arise where persons do not comply with Town bylaws and noncompliance adversely affects or imposes on another party. 3.0 SUBMISSION OF A COMPLAINT: .1 Reports of alleged infractions of Town bylaws are to be reported by the complainant to the Town of Oliver Administration Department. .2 To initiate enforcement action by the Town: Bylaw Enforcement Complaint Management Policy Page 2 of 3 a) Each individual complaint shall be in writing – a letter, an email or the Town of Oliver Complaint Form – and shall contain the complainant’s: i) name; ii) address; iii) e-mail; iv) phone number; and v) a description of the nature and location of the alleged infraction as well as its impact on the complainant. .3 Anonymous complaints of alleged infractions may not be acted upon unless the alleged infraction is a “Life and Safety” matter (see Section 6 below). .4 A complainant may be requested to sign an affidavit and/or be prepared to stand as a witness should an enforcement proceed to court. .5 Spite complaints, or complaints based on neighbour disputes will not be accepted unless deemed by the Bylaw Enforcement Officer or Corporate Officer to be an immediate threat to health and safety. .6 All written complaints are to be acknowledged either by e-mail or written correspondence within three (3) business days of receipt. 4.0 OBSERVED INFRACTIONS .1 The Bylaw Enforcement Officer may commence an investigation without written complaint where: i) bylaw violations are reported by an elected official or observed by an employee or agent of the Town; ii) a notification or referral is received from an external agency that identifies land use bylaw violations associated with the permit request; iii) advertisements for uses believed to be illegal have been observed; and iv) correspondence and/or communications undertaken with the Town that identify a bylaw violation (i.e. property and zoning inquires, requests for comfort letters, etc.) 5.0 CONFIDENTIALITY .1 As a matter of practice, the identity of the complainant and the written complaint itself shall not be disclosed to the alleged offender or any member of the public. It is not necessary for the complainant to request confidentiality. Likewise, the response of the alleged offender shall not be disclosed to the complainant, whether it is in writing or made orally. This policy is in Bylaw Enforcement Complaint Management Policy Page 3 of 3 recognition of the fact that many complaints take place in the context of other disputes between neighbours and the motivation for the complaint itself may be retribution. Disclosure could serve to exacerbate the dispute and may put persons or property at risk of harm. .2 While the investigation is ongoing, or while a resulting matter is before the courts, only information regarding the matter shall be made available to the public or the complainant. .3 Persons reporting the alleged infractions of Town bylaws are to be advised that their identify and any personal information they provide will be kept confidential unless they are required to testify in court. .4 Complainants and alleged offenders are to be advised that any personal information that they provide about other parities is subject to disclosure by order of the BC Information and Privacy Commissioner. .5 The anonymity and confidentiality given to complainants and alleged offenders under this policy cannot be assured if the investigation results in court proceedings. .6 If persons apply to the Town for disclosure of personal information about them in complaints and responses to the complaints under the Freedom of Information and Protection of Privacy Act, it shall be the policy of the Town to refuse disclosure under the Act, unless consent is obtained from the person who supplied the information and who would otherwise be assured of confidentiality under this policy. The Town, however, is subject to orders issued by the Information and Privacy Commissioner under the Act and will not necessarily appeal an order for disclosure. 6.0 PRIORITY OF INVESTIGATION .1 Upon receipt of a bylaw complaint, all bylaw infractions will be prioritized on the basis of the date the complaint was received, unless the complaint is determined to involve a “Life and Safety” matter that may adversely impact the environment or the health, safety, and security of citizens or may result in a liability incurred by the Town. .2 Council is not involved in any way with the sanctioning of an investigation or making a decision on who shall be investigated.