At a regular meeting of Council, resolution was passed to authorize Joe Tummonds, Bylaw Officer, entry onto property to inspect pursuant to section 16 of the Community Charter.
Authority to enter on or into property
16 (1) This section applies in relation to an authority under this or another Act for a municipality to enter on property.
(2) The authority may be exercised by officers or employees of the municipality or by other persons authorized by the council.
(3) Subject to this section, the authority includes authority to enter on property, and to enter into property, without the consent of the owner or occupier.
(4) Except in the case of an emergency, a person
(a) may only exercise the authority at reasonable times and in a reasonable manner, and
(b) must take reasonable steps to advise the owner or occupier before entering the property.
(5) The authority may only be used to enter into a place that is occupied as a private dwelling if any of the following applies:
(a) the occupier consents;
(b) the municipality has given the occupier at least 24 hours? written notice of the entry and the reasons for it;
(c) the entry is made under the authority of a warrant under this or another Act;
(d) the person exercising the authority has reasonable grounds for believing that failure to enter may result in a significant risk to the health or safety of the occupier or other persons;
(e) the entry is for a purpose referred to in subsection (6) (a) in relation to regulations, prohibitions or requirements applicable to the place that is being entered.
(6) Without limiting the matters to which this section applies, a municipality may enter on property for any of the following purposes:
(a) to inspect and determine whether all regulations, prohibitions and requirements are being met in relation to any matter for which the council, a municipal officer or employee or a person authorized by the council has exercised authority under this or another Act to regulate, prohibit or require;
(b) to take action authorized under section 17 (1) [municipal action at defaulter?s expense];
(c) in relation to section 18 [authority to discontinue providing a service], to disconnect or remove the system or works of the service;
(d) to assess or inspect in relation to the exercise of authority under section 8 (3) (c) [spheres of authority — trees].
Joe Tummonds is hereby authorized to enter onto and inspect property pursuant to section 16 of the Community Charter for the purposes of determining whether all regulations, prohibitions and requirements are being met in relation to the District?s bylaws.
Over the next few weeks, the Bylaw Officer will be investigating encroachment on District of Tumbler Ridge property. You may see him adjacent or near fence lines as he conducts his investigations between the hours of 10 am and 4 pm.
Items such as sheds, vehicles, campers, boats, trailers and wood piles are not permitted on Municipal property. Municipal property includes road and municipal rights of way that are owned, legally occupied or under the jurisdiction of the Municipality, and includes green spaces and boulevards.
Any encroachments reported or recognized by municipal employees will be addressed in the following manner.
1.A letter noting the encroachment will be sent to the property owners giving notice that the encroachment must be remedied within thirty days.
2.If the property owner does not remedy the encroachment within the time allotted the Municipality will take action to remedy the encroachment and any buildings or structures will become the property of the District of Tumbler Ridge.
3.The property owner will be billed for the labour and equipment costs associated with the removal of the encroachment.