MUNICIPAL ENFORCEMENT
STRIVING FOR A BETTER TOWN
• ELAINE MITCHELL, DIRECTOR OF PLANNING AND
DEVELOPMENT
• BRIAN CRANFORD, ENFORCEMENT MANAGER
PMA ANNUAL CONVENTION
AND TRADE SHOW – APRIL 17-19, 2013
Municipal Enforcement
 Unsightly Properties
 Permits
 Road Side Vending
 Open Fire
 Noise
 Snow Clearing and Winter Parking Bans
 Traffic
 Animal Control
Municipal Regulations
 Section 414 of the Municipalities Act give Council the
authority to make regulations
 Council can determine which regulations are
appropriate
 Regulations should be reviewed to make sure that
they are up to date
 Only make regulations that Council is prepared to
enforce
Provincial Legislation
 Provincial Legislation and Regulations also apply
 Environmental Protection Act
Air Pollution Control Regulations
 Storage and Handling of Gasoline and Associated Products
Regulations
 Used Oil Control Regulations
 Waste Management Regulations
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Motorized Snow Vehicle and All-Terrain Vehicle Act
Animal Health and Protection Act
Assistance from other Agencies
 Section 91 of the Environment and Protection Act allows individuals to
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request an investigation and if 2 or more requests received, the
Minister must investigate
Environmental Inspectors from Service NL
Technicians from Water Resources, Department of Environment and
Conservation
Compliance Officers from Mineral Lands, Department of Natural
Resources
RNC/RCMP
 Conception Bay South has a Memorandum of Understanding with
the RNC
Municipal Enforcement Tools
 File documentation
 Cooperation
 Orders under section 404 of the Municipalities Act
Erect, change use or occupy without a permit
 Buildings in a dilapidated state or public nuisance
 Solid waste and/or noxious substances
 Town can carry out work if order not complied with
 Violation notices and summons
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Orders 101
 Council can delegate staff to issue orders
 Must be confirmed by Council at its next meeting
 Order must specify reasons, action and time limit
 Order must include right to appeal
 Various delivery options including:
 Registered mail
 Personal delivery
 Posting on property
 If delivered by hand, make sure that affidavit
completed
Appeals 101
 Orders are subject to appeal
 Board determines whether order issued in
accordance with Plan, Regulations and legislation
 Town must be able to provide all information in its
files
 Town must be prepared to defend its decision at a
hearing
Legal Tools
 Use your Town lawyer
 Letters
 Lay charges in Court
 Failure to comply with an order
 Contravenes Municipalities Act or a municipal regulation
 Contravenes Urban and Rural Planning Act or Municipal Plan,
Development Regulation or order made under the Act
Enforcement On a Daily Basis
 Consultants Report
 Levels of Policing
Federal
• Provincial
• Municipal
 Mission of Enforcement
 Memorandum of Understandings
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Municipal Enforcement in Conception Bay South
 Enforcement Unit
 Enforcement Manager
 Enforcement Clerk
 Municipal Enforcement Officers
 Humane Services Officers
 Student Park Patrol (summer)
 Available 7 Days a week, 8 am to 11 pm
File Management
 Investigate to determine if there is a breach of
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Regulations
Files evenly distributed among Enforcement Officers
File Documentation
Due Date
Professional approach with discretion to work with
offenders and obtain compliance
Contact and follow up with complainants and
offenders
Striving For A Better town
 Review of Regulations
 Policy and procedure
 Communications
 People
 Credibility
 Support
Impact on Residents & on the Town
 Safer community
 Legal actions
 Calls for Service
 2009 – 208 files 2 officers
 2010 – 609 files 3 officers
 2011 – 759 files 4 officers
 2012 – 784 files 4 officers
Proactive Approach
• Public Safety
• Traffic Regulations and tickets
• Waste Disposal and Property
• Taxi Regulations
• All Terrain Vehicles
• Unregistered Businesses
• Neighborhood Watch
• Radar and speeding
• Liaison RNC/NL Gov’t
Illegal Dumping
 Background – Right to dump
 back roads and Burying on property
 Environmental Protection Act
 Use of Cameras
 Project coordinator/Procedures
 Report/charges
 Evidence/disclosure
 Media
 Results
Illegal Dumping Con’t
Illegal Dumping Con’t
Prevention of Illegal Dumping
 MMSB initiative
 CBS pilot project
 Possible secondment
 Attacking illegal dumping
 Provincial Education
 Community visits
 Program set up
 Proactive Agenda
Way Ahead
 Municipal ticketing
 Scheduling/people
 Better Cooperation with other towns/agencies
 Proactive projects aimed to improve our town
 Sustainment and enhancement of current processes
Summary
 Enforcement is hard work
 Covers an array of regulations and issues
 Involves dealing with the public and can be politically charged
 May not have the best array of tools
 Can be expensive and time consuming especially if the matter
proceeds to Court
 Difficult to manage expectations
 Successful outcomes depend upon:
 Having appropriate regulations
 Documentation and building a case
 Actively try to resolve matter
 Using municipal enforcement tools productively