Bylaw enforcement and unlawful dwellings

While there is a public health emergency declared for COVID-19, bylaw enforcement activities related to all unlawful dwellings have been deferred; there will be no evictions or demands for eviction.

Recently a Denman Island resident contacted Islands Trust about bylaw enforcement related to unlawful dwellings.  There are currently two standing resolutions in place, which relate to this concern. One is about the issue of bylaw enforcement, and the other is related to bylaw enforcement against unlawful dwellings. Please see below for details.

 

Meeting Date:                  March 16, 2021

Issue:                                Bylaw enforcement

Resolution Number:        DE-IC2021.002

It was MOVED and SECONDED,

that the Denman Island Local Trust Committee enact the following Standing Resolution:

that the Denman Island Local Trust Committee confirm that the following Enforcement Policy has been and continues in effect:

While there is a public health emergency declared for COVID-19, Enforcement activities have been deferred for all unlawful dwellings; there will be no evictions or demands for eviction;

And that site inspections for the purpose of gathering information and communication with property owners will continue;

And that the Denman Island Local Trust Committee may change this policy at any time and may give direction to resume enforcement activities

 

Meeting Date:                  June 6, 2019 (amended January 19, 2021)

Issue:                                Bylaw enforcement against unlawful dwellings

Resolution Number:        DE-2019-056 and DE-2021-015

It was MOVED and SECONDED,

that the Denman Island Local Trust Committee adopt the following standing resolution:

‘The Denman Island Local Trust Committee directs Bylaw Compliance and Enforcement staff to temporarily withhold enforcement against unlawful dwellings upon receipt of a written complaint, unless any of the following conditions apply:

a) The complaint is received from at least two sources, one being the owner, occupant or title holder of a neighbouring property;

b) It appears that there is more than one unlawful dwelling on a lot;

c) An unlawful dwelling appears to be larger than 90 square meters; or

d) An unlawful dwelling appears to be located within a Development Permit Area;

and nothing in this enforcement policy should be interpreted as giving permission to violate the Denman Island Land Use Bylaw and the Local Trust Committee may change this policy or give direction to expand enforcement activities at any time.’

This Standing Resolution will be reviewed in one year’s time.”

*Amended by DE-2021-015

To view all standing resolutions click here.