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Soil Deposit and Removal Bylaw Enforcement

Soil Deposit and Removal Bylaw Enforcement. Topics: Why do people fill? Why is it a growth industry and what are the consequences of unauthorized filling? What is a Soil Bylaw Officer? What is the role of the Soil Bylaw Officer? What are the key aspects to the job?

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Soil Deposit and Removal Bylaw Enforcement

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  1. Soil Deposit and Removal Bylaw Enforcement Topics: • Why do people fill? • Why is it a growth industry and what are the consequences of unauthorized filling? • What is a Soil Bylaw Officer? • What is the role of the Soil Bylaw Officer? • What are the key aspects to the job? • How to obtain compliance? • What are the enforcement tools? • What are the challenges? Mike Morin Soil Bylaw Officer, City of Richmond CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  2. Soil Deposit and Removal Bylaw Enforcement CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  3. Soil Deposit and Removal Bylaw Enforcement CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  4. Soil Deposit and Removal Bylaw Enforcement Public Enemy No. 1 CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  5. Soil Deposit and Removal Bylaw Enforcement What is a Soil Bylaw Officer? A Soil Bylaw Officer serves to protect the following from the impacts of fill deposition (both unauthorized and approved): • Farmland • Residential properties • Natural resources • Local Government (LG) infrastructure CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  6. Soil Deposit and Removal Bylaw Enforcement What is the role of a Soil Bylaw Officer? • Interact w/property owners, contractors, consultants, agents, internal staff, external legal counsel, external LG staff, etc. • Issue stop work/removal orders and remediation orders on behalf of LG • Issue fines for non-compliance • Review and coordinate the soil deposit and/or removal application process within your organization • Issue soil deposit and/or removal permits on behalf of LG • Monitor approved fill sites • Interact w/external government agencies • A coordinator CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  7. Soil Deposit and Removal Bylaw Enforcement What are key aspects to the job? • Relationship Building • Education & Communication • Finding & fixing the gaps CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  8. Soil Deposit and Removal Bylaw Enforcement How do we gain compliance? • Voluntary compliance to start • When voluntary compliance has failed…a LG may enforce its bylaws by: • Bylaw notice (if the LG has adopted a Bylaw Notice Bylaw) • Municipal ticket information (if the LG has adopted an MTI bylaw) • Long-form information • An action in the BC Supreme Court CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  9. Soil Deposit and Removal Bylaw Enforcement What are your most important enforcement tools? • Bylaw Offence Notices ie. ticketing/fines • Register the notices on title as judgements • Place a note on taxes When a Notice(s) does not work? • Seek an injunction via the BC Supreme Court • Requires retaining internal or external legal counsel • Typically requires Council approval CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  10. Soil Deposit and Removal Bylaw Enforcement CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  11. Soil Deposit and Removal Bylaw Enforcement CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  12. Soil Deposit and Removal Bylaw Enforcement What are the challenges? • Strength of the LG/RD bylaw pertaining to soil • Gaps within a bylaw and/or a permit • Proving an infraction of the bylaw or permit conditions • Project monitoring • Ensuring permit conditions are being satisfied • Proper record keeping (or lack there of) • Lack of a specified Standard Operating Procedure to deal with specific issues • Accessing properties to assess complaints • External agency interaction • Lack of source site oversight CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

  13. Soil Deposit and Removal Bylaw Enforcement Contact Info: Mike Morin Soil Bylaw Officer, Community Bylaws City of Richmond 6911 No. 3 Rd Richmond, BC  V6Y 2C1 Tel.: 1.604.204.8625 Email: mmorin1@richmond.ca CityHall-#5862741-v2-LIBOA presentation - ver. 3.PPT

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