Sign of the times? – The meaning of this sign on Morningstar Road wasn’t totally clear, but police have been investigating a dispute in the neighbourhood. The sign was subsequently removed and police are calling on cooler heads to prevail.
Photo contributed
People who want to file a complaint against someone contravening a bylaw in Oliver better be prepared to do some writing.
Town council recently approved a new Bylaw Enforcement Complaint Management Policy, which spells out how infractions are dealt with.
The policy establishes the process for observed contraventions, confidentiality and priority of investigations.
Residents who file complaints out of spite for a neighbour will be out of luck because the Town will not act on these (unless they are deemed an immediate threat to health and safety).
In addition, anonymous complaints may not be acted on unless the alleged infraction is a matter of life or death.
“Sometimes health and safety trumps everything,” said Mayor Ron Hovanes while commenting on the policy.
The mayor said it was good to acknowledge the “spite” complaints based on neighbour disputes.
Councillor Jack Bennest asked Corporate Officer Cathy Cowan if one neighbour has a dispute with another neighbour and files a complaint, is that considered spite?
Cowan said it can be. She also said the Town may not agree with one person’s interpretation of an infraction.
“Some people may think it’s an infraction but the Town may not.”
Cowan said there may be other complaints that the Town doesn’t have jurisdiction over, such as those in mobile home parks.
When questioned by Councillor Petra Veintimilla, Cowan said the Town of Oliver has “no duty to enforce its bylaws if we choose not to.”
That begs the question: Why have bylaws?
Chief Administrative Officer Heidi Frank said if the Town chose not to enforce a bylaw, it would be a policy decision.
“While there are certain areas of enforcement that are safety related and require proactive enforcement, the majority of the bylaws are enforced on a complaint-only basis.”
Frank said the complaints that are accepted are in regards to more serious or visible issues. Complaints against minor infractions such as weeds will not be enforced, she pointed out.
Frank said some complaints are considered civil, non-enforceable matters between two property owners. These may include fence disputes.
The Town will use discretion on a case-by-case basis to evaluate contraventions. It encourages valid complaints only in order to reduce the opportunity for “intimidation” and neighbourhood conflict.
Unfortunately, this is what happened in a recent bylaw enforcement case on Morningstar Road, where one neighbour filed a legitimate complaint against another.
The case involved Don and Bonnie Thompson contravening a bylaw by parking their tractor truck unit in a residential neighbourhood.
The complainant reportedly suffered repercussions from the case, alleging he was the subject of vandalism and “character assassination.”
Another resident told the Chronicle that he was the subject of verbal abuse after filing a legitimate bylaw complaint against one of his neighbours.
“He almost kicked my front door down (and threatened to be back if I called again).”
The neighbour said nothing was done about his complaint, even though he followed the Town’s protocol.
Cowan said the bylaw contravention on Morningstar Road has been successfully enforced, noting the tractor unit will no longer be parked at the residence. However, they can take it there to vacuum it out after a trip, she stated.
Confidentiality plays a big role in the new policy. The identity of the complainant and the written complaint itself will not be disclosed to the alleged offender or the public.
Many complaints are associated with disputes between neighbours, and the motivation may be retribution.
“Disclosure could serve to exacerbate the dispute and may put the persons or property at risk of harm,” the policy says.
Bylaw enforcement in Oliver will continue to be administered on a complaint-based system. However, the bylaw enforcement officer may commence an investigation without a written complaint (for example, if bylaw violations are reported by an elected official or observed by a Town employee).
Cowan said proactive enforcement will take place for bylaw infractions involving animal control, parks, signs, business licences and traffic.
Under the new policy, the following is the process for filing complaints: two complete forms signed by unrelated Town residents or property owners within 100 metres of the subject of the complaint; or one complete form signed by a complainant whose property is located within 30 metres of the alleged infraction.
Town staff are currently researching the implementation of a “Good Neighbour Bylaw” that other municipalities have adopted. This bylaw is designed to outline what is expected of residents as they strive to be good neighbours in the community.
A draft bylaw is expected soon.
Lyonel Doherty
Oliver Chronicle
