6.0.0
Enforcement of the Bylaw

6.1.0 Enforcement Officers

6.1.1

Development Officers are hereby appointed as Bylaw Enforcement Officers, pursuant to the Act, for the purpose of enforcing this Bylaw.

6.1.2

The Minister may exercise any of the powers of enforcement conferred on a Development Officer or on Council by this Bylaw, the Agreement, or the Act.

6.2.0 Offences

6.2.1

An owner, lessee, tenant or occupant of land, or a building or a structure thereon, who, with respect to such land, building or structure, contravenes, or causes, suffers or permits a contravention of any provisions of this Bylaw commits an offence.

6.2.2

A contractor, worker, or other person who removes a tree, constructs a building or structure, or makes an addition or alteration thereto for which a development permit is required but has not been issued or is not subsisting under this Bylaw, or in contravention of a condition of a development permit issued under this Bylaw, commits an offence.

6.3.0 Penalties

6.3.1

A person who commits an offence under s.6.2.0 is, based upon summary conviction, liable to a fine of not less than $100.00 and not more than $2,500.00 and, in addition, to a fine of not less than $50.00 for every day the offence continues, exclusive of costs, and in case of non-payment of the fine and costs imposed, to imprisonment for a period not exceeding six months, unless the fine and costs are paid sooner.

6.4.0 Offence Tickets

6.4.1

A notice or form commonly called an offence ticket having printed wording approved by the Director of Corporate Services, may be issued by a peace officer or a Bylaw Enforcement Officer to any person alleged to have breached any provision of this Bylaw, and the said notice shall specify the alleged offence and require the payment within 14 days to the Town in the amount specified in this Bylaw, as amended, or the regulations pursuant to the Alberta Provincial Offenses Procedure Act, as amended.

6.4.2

Persons contravening sections of this Bylaw, to whom offence tickets are issued, shall be liable for the penalty of $50.00 for a first offence and $250.00 for a second or subsequent offence.

6.4.3

An offence ticket shall be deemed to be sufficiently served:

a.    if served personally on the alleged offender; or

b.    if mailed by single registered mail to the address of the alleged offender or registered lessee of the property concerned; or to the person concerned.

6.4.4

If a contravention of this Bylaw is of a continuing nature, an offence ticket may be issued for each day that the contravention continues.

6.4.5

If a contravention of this Bylaw continues 14 days after a conviction has been entered as a result of such contravention, then the person against whom the conviction has been entered is guilty of a further offence.

6.4.6

The above offences and penalties are supplementary to s.557 and s.566 of the Act, under which any person who commences a development and fails or neglects to obtain a development permit or fails to comply with a condition of a permit is guilty of an offence.

6.5.0 Stop Orders and Injunctions

In addition to any other enforcement proceedings that may be taken for a contravention of this Bylaw, a Development Officer may take enforcement action by issuing a stop order or compliance order pursuant to s.645 of the Act; or upon a resolution of Council authorizing him to do so, may apply in the name of the Town to the Court of Queen’s Bench for a remedy pursuant to the Municipal Government Act; or do both.