A compliance agreement may be considered by the Screening Officer, if permitted by Bylaw.
Under District of Sechelt Bylaw Enforcement Notification System Screening Officer Policy 1.3.15, a Screening Officer is authorized to cancel a Bylaw Notice if they are satisfied that one or more of the following reasons exist and a compliance agreement is not appropriate or available:
(a) Identity cannot be proven, for example, the bylaw notice was issued to the wrong person or the vehicle involved in the contravention had been stolen.
(b) An exception specified in the Bylaw or a related enactment is made out, for example, handicap vehicle in time zone or pay lot.
(c) There is poor likelihood of success at adjudication for the District, for example, the evidence is inadequate to show a contravention; or the Officer relied on incorrect information in issuing the bylaw notice; or the notice was not completed properly; or the Bylaw provision is unenforceable or poorly worded.
(d) The contravention was necessary for the preservation of health and safety, for example, the contravention was the result of a medical emergency.
(e) The bylaw notice is one of a number of notices arising out of the same incident, in which case the Screening Officer may cancel all but the most appropriate notice.
(f) It is not in the public interest to proceed to adjudication for one of the following reasons: the person who received the bylaw notice was permitted or entitled to take the action, but the issuing officer was not aware of this entitlement or permit; the person receiving the notice was undergoing a personal tragedy at the time of the contravention such that is not in the public interest to proceed; the Bylaw has changed since the notice was issued and now authorizes the contravention.
(g) The person exercised due diligence in their efforts to comply with the Bylaw, for example, as a result of mechanical problems the person could not comply with the Bylaw; or the sign indicating the Bylaw requirement was not visible.
If the Screening Officer confirms the bylaw notice is valid, you may:
- Request your dispute be referred to an Adjudicator. Once an Adjudication Hearing has been scheduled by the Screening Officer, a non-refundable fee of $25 will be due and payable to the District of Sechelt; OR
- Pay the early payment amount indicated on the bylaw notice immediately.
After 14 days of the Screening Officers decision, the late penalty amount on the bylaw notice, and any costs incurred to the District as a result of your dispute, will be submitted to an agency for collection.