Edmonton Zoning Bylaw 12800

23.        Enforcement and Penalties

Bylaw 17554

April 4, 2016

Effective Date: May 2, 2016

Bylaw 17831

November 28, 2016

23.1         Offences

  1. Any owner, lessee, tenant or occupant of land, a building, a structure or a Sign thereon, who, with respect to such land, building or structure, commits an offence if they:

  1. contravene; or

  2. cause, allow or permit a contravention of any provision of this Bylaw.

Bylaw 17831

November 28, 2016

  1. If a Development Permit is required but has not been issued, or is not valid under this Bylaw, it is an offence for any person;

  1. to construct a building or structure;

  2. to make an addition or alteration thereto;

  3. to commence a Use or change of intensity of Use; or

  4. to place a Sign on land.

  1. It is an offence for any person to undertake development in contravention of an approved Development Permit, including any conditions of approval.

Bylaw 17831

November 28, 2016

Charter Bylaw 19502

February 9, 2021

  1. It is an offence for any person not to take the corrective measures specified in a Violation Notice issued pursuant to Section 23.3 and 23.2.

  2. It is an offence for any person to continue to develop after a Development Permit has been cancelled or suspended.

Bylaw 17831

November 28, 2016

Charter Bylaw 18473

July 9, 2018

  1. Notwithstanding subsection 23.1(2), it is an offence to undertake development of, or addition to, an Accessory building, other than a Garden Suite, without a valid and approved Development Permit when a Development Permit is required.

Charter Bylaw 19087

December 9, 2019

  1. It is an offence to use a Recreational Vehicle as a Dwelling for a Residential Use. In determining if a Recreational Vehicle is being used as a Dwelling for a Residential Use criteria, including but not limited to the below, may be considered.

    1. The Recreational Vehicle is connected to utilities for the purpose of power, water, gas, or sewer services.

    2. The Recreational Vehicle is storing food, personal effects, clothing, or bedding.

    3. The Recreational Vehicle is being occupied for the purpose of sleeping or accommodation.

    4. The kitchen or sanitary facilities show signs of recent use.

Charter Bylaw 19087

December 9, 2019

  1. Notwithstanding 23.1(7) a Recreational Vehicle located in a Tourist Campsite is permitted.

Bylaw 17727

August 22, 2016

Bylaw 17831

November 28, 2016

  1. Notwithstanding subsection 23.1(2), it is an offence to construct a Fence, wall or gate exceeding the maximum Height prescribed in this Bylaw without a valid and approved Development Permit when a Development Permit is required.

Bylaw 17831

November 28, 2016

  1. Notwithstanding subsection 23.1(2), it is an offence to construct a Platform Structure without a valid and approved Development Permit when a Development Permit is required.

Bylaw 17831

November 28, 2016

  1. Notwithstanding subsection 23.1(2), it is an offence to keep an object in a Residential Zone that is prohibited or restricted under Section 45 of this Bylaw without a valid and approved Development Permit when a Development Permit is required.

Bylaw 17831

November 28, 2016

Charter Bylaw 19275

June 23, 2020

Effective: July 2, 2020

  1. Notwithstanding subsection 23.1(2), it is an offence to Hardsurface an area within a Front Yard or a flanking Side Yard in a way that contravenes Section 54.3 of this Bylaw without a valid and approved Development Permit when a Development Permit is required.

Bylaw 17831

November 28, 2016

  1. It is an offence not to display a Development Permit notification sign when a Development Permit notification sign is required, whether or not listed as a Development Permit condition.

Bylaw 17831

November 28, 2016

  1. Notwithstanding section 23.1(2), it is an offence to display a Temporary Sign without a valid and approved Development Permit when a Development Permit is required.

Bylaw 17831

November 28, 2016

  1. It is an offence not to display the Sign ownership in a visible location on a Temporary Sign. It is an offence to deface, obscure or otherwise render the ownership identification illegible.

Bylaw 17831

November 28, 2016

  1. It is an offence to display a Temporary Sign without a development permit approval tag issued by the City of Edmonton.

  1. It is an offence to have a Sign in an abandoned state.

Bylaw 17831

November 28, 2016

Charter Bylaw 18534

September 5, 2018

  1. Notwithstanding subsection 23.1(2), it is an offence to display a Freestanding Sign without a valid and approved Development Permit when a Development Permit is required.

Charter Bylaw 18534

September 5, 2018

  1.  Notwithstanding subsection 23.1(2), it is an offence to display a Freestanding Sign in contravention of Development Permit.

Charter Bylaw 18534

September 5, 2018

  1. Notwithstanding subsection 23.1(2), it is an offence to display a Fascia Sign, Roof Sign or Projecting Sign without a valid and approved Development Permit when a Development Permit is required.

Charter Bylaw 18534

September 5, 2018

  1. Notwithstanding subsection 23.1(2), it is an offence to display a Fascia Sign, Roof Sign or Projecting Sign in contravention of Development Permit.

Bylaw 17554

April 4, 2016

Effective Date: May 2, 2016

Bylaw 17831

November 28, 2016

23.2         Enforcement and Violation Notices

Bylaw 17831

November 28, 2016

  1. When a Bylaw Enforcement Officer reasonably believes that an offence has been committed or is occurring, the Bylaw Enforcement Officer may notify either the owner of the land, the building or the structure, the person in possession of the land, building or structure, the person responsible for the violation, including the applicant for the Development Permit, or any or all of them, of the contravention of this Bylaw, by:

Bylaw 17831

November 28, 2016

  1. delivering a Violation Notice either in person, by facsimile or by ordinary mail:

  1. to the owner of the land, building or structure, or the person in possession of the land, building or structure, at the address listed on the tax roll for the land in question; or

Bylaw 17831

November 28, 2016

  1. to the applicant for the Development Permit, at the applicant’s address as listed on the Development Permit Application; or

  1. to the owner of the Sign, at a location where the owner carries on business.

Bylaw 17831

November 28, 2016

  1. notwithstanding subsection 23.2(1)(a), for Temporary Sign offences, the Violation Notice shall be deemed to be delivered when the Bylaw Enforcement Officer provides verbal notification of the Violation Notice to the owner of the Temporary Sign.

Bylaw 17831

November 28, 2016

  1. A Violation Notice shall state the following:

  1. the nature of the offence;

  2. the corrective measures required to remedy the offence and comply with this Bylaw;

  3. the time within which such corrective measures must be performed; and

  4. any penalty for not complying with the Violation Notice, if the corrective measures are not completed within the time specified.

  1. The appearance of the name of any person, organization, corporation or other ownership on a Sign is prima facie proof that the person, organization, corporation or owner named thereon caused or permitted the Sign to be placed on land, and the person, organization, corporation or owner is responsible for any contravention of the provisions of this Bylaw and the offence.

Bylaw 17831

November 28, 2016

  1. Issuance of a Violation Notice is not required before commencing any other enforcement action under the Municipal Government Act, or this Bylaw, or at all.

Bylaw 17831

November 28, 2016

  1. A person shall not prevent or obstruct a Bylaw Enforcement Officer from carrying out any official duty under this Bylaw or the Municipal Government Act.

Bylaw 17554

April 4, 2016

Effective Date: May 2, 2016

Bylaw 17831

November 28, 2016

23.3         Penalties

Bylaw 17831

November 28, 2016

  1. A person who is guilty of an offence shall pay the applicable penalty amount specified in Section 23A or a minimum penalty of $1,000.00 for a first offence and $2,500.00 for any subsequent offence for which a fine is not otherwise established in Section 23A.

Bylaw 17831

November 28, 2016

  1. Where there is a penalty listed for an offence in Section 23A, that amount is the minimum penalty for that offence.

  1. A subsequent offence means an offence committed by a person after that person has already been convicted of the same offence or has voluntarily paid a fine for the same offence.

 

Bylaw 15630

December 13, 2010

Bylaw 16488

July 2, 2013

Bylaw 16489

July 15, 2013

Bylaw 17554

April 4, 2016

Effective Date: May 2, 2016

Bylaw 17831

November 28, 2016

Charter Bylaw 18381

May 7, 2018

Charter Bylaw 18534

September 5, 2018

Charter Bylaw 19087

December 9, 2019

Charter Bylaw 19275

June 23, 2020

Effective: July 2, 2020

 

Section 23A - Specified Penalties for Offences

Offence
 

Section

Minimum Penalty

First Offence

Minimum Penalty

Subsequent Offence

General Offences:
Contravention of a Zoning Bylaw provision

23.1(1)

$1,000.00

$2,500.00

Development without a Development Permit  

23.1(2)

$1,000.00

$2,500.00

Development in contravention of a Development Permit

23.1(3)

$1,000.00

$2,500.00

Failure to Comply with a Violation Notice

23.1(4)

$500.00

$1,000.00

Continuing development after a Development Permit has been cancelled or suspended.

23.1(5)

$1,000.00

$2,500.00

Specific Offences:
Development of, or an addition to, an Accessory building other than a Garden Suite without a Development Permit

23.1(6)

$250.00

$500.00

Use of a Recreational Vehicle as a Residential Use

23.1(7)

$500.00

$1,000.00

Construction of fence, wall or gate exceeding maximum Height regulations without a Development Permit

23.1(9)

$250.00

$500.00

Construction of a Platform Structure without a Development Permit

23.1(10)

$250.00

$500.00

Prohibited or restricted object in a Residential Zone  without a Development Permit

23.1(11)

$250.00

$500.00

Hardsurfacing in contravention of Section 54.3 without a Development Permit

23.1(12)

$250.00

$500.00

Failing to display a Development Permit notification sign

23.1(13)

$500.00

$1,000.00

Sign Offences:
Temporary Sign without a Development Permit

23.1(14)

$250.00

$500.00

Temporary Sign without visible and legible Sign ownership

23.1(15)

$250.00

$500.00

Temporary Sign without a valid Development Permit approval tag

23.1(16)

$250.00

$500.00

Sign in an abandoned state

23.1(17)

$250.00

$500.00

Freestanding Sign without a Development Permit

23.1(18)

$1,000.00

$2,500.00

Freestanding Sign in contravention of Development Permit

23.1(19)

$1,000.00

$2,500.00

Fascia Sign, Roof Sign or Projecting Sign without a Development Permit

23.1(20)

$500.00

$1,000.00

Fascia Sign, Roof Sign or Projecting Sign in contravention of Development Permit

23.1(21)

$500.00

$1,000.00