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Understanding Soil Bylaw Enforcement: Challenges and Solutions

Learn about soil filling, unauthorized deposition consequences, role of Soil Bylaw Officers, and enforcement tools to handle compliance issues effectively. Discover key job aspects and how to tackle challenges faced.

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Understanding Soil Bylaw Enforcement: Challenges and Solutions

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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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