Disputing bylaw offence notices
The Bylaw Adjudication system allows local governments to manage most bylaw violations such as parking tickets at the local level rather than through the provincial court system. Residents who receive a Bylaw Offence Notice will have the opportunity to dispute violations out of court via an independent adjudicator who will hear all disputes.
Disputing Bylaw Offence Notices
To dispute Bylaw Notices, complete the dispute/request for adjudication section on the back of the ticket and submit it to the City in person, by mail, fax or email within 14 days of issuance.
Disputes follow a three step process:
- When disputing a bylaw notice, a report of the incident will be sent by the City to the Screening Officer. The Screening Officer will then contact the disputant to present their side of the incident. The Screening Officer will review the Bylaw Notice, the circumstances surrounding its issue and either revoke or uphold the Notice. If the Screening Officer upholds the Bylaw Notice, the Screening Officer may offer one of the following two options to the disputant.
a) Where the infraction is authorized by Council to allow for a compliance agreement, the disputant may be offered the opportunity to acknowledge the contravention of the bylaw and agree to remedy the infraction or conditions on future behaviour to be performed within a designated period of time, and the City may reduce or waive the fine option at the conclusion of that period, or
b) If no option is available for a compliance agreement, the disputant may choose to either pay the Notice or request the Notice be forwarded to an Adjudicator.
- If the disputant chooses the adjudication process, they will be contacted by a Dispute Coordinator. The Dispute Coordinator will confirm that the file is complete and will request additional information if necessary. The Dispute Coordinator will schedule the adjudication date and time based on the Adjudication Calendar and will confirm the disputant's preferred method of participation: in person, by phone or in writing.
- A date, time and location for an adjudication will be provided to the disputant and the hearing will be conducted at Kelowna City Hall, or in alternate locations on occasion. The disputant and the bylaw officer are not required to personally appear. Representation for the disputant may be made in writing or over the phone, and documentation from the municipality may be presented in support of the notice.
Independent adjudicators will determine whether a bylaw infraction occurred. If the Adjudicator determines that the infraction occurred, the full penalty will be applied as well as an adjudication fee of $25. If the Adjudicator determines that no bylaw violation has occurred, no fine or adjudication fee will be applied. The Adjudicator does not have the authority to modify the offence or the penalty.