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A new more efficient and cost effective system has been introduced to address minor municipal ticket disputes.
As of February 1, 2011, most District of West Kelowna Bylaw Offence Notice issues will be resolved through the Bylaw Adjudication Process. This system, which is now used in approximately 50 B.C. municipalities, removes minor ticket disputes, like parking tickets, from the Provincial Courts, freeing up B.C.'s judicial system to deal with other matters.
To offer adjudications services, the District of West Kelowna is partnering with:
Through the Bylaw Adjudication Process a ticket dispute may be resolved in as little as one month compared to up to six months through the Provincial Courts. By speeding up the resolution process and eliminating court time, both the ticket holders and the municipalities involved will save money. The system will also free up more bylaw officers' time to assist in the community with other matters. The new system provides a possible alternative, but does not replace, the existing MTI System.
How Bylaw Adjudication Works
Residents who receive a Bylaw Offence Notice will have the opportunity to dispute violations out of court via an independent adjudicator who will hear all disputes.
Those wishing to dispute Bylaw Offence Notices must complete the Dispute/Request For Adjudication section on the back of your ticket and submit it, within 14 days of receiving the notice, to the District of West Kelowna in one of the following ways:
Disputes will follow a three step process:
After receiving the Dispute/Request For Adjudication, West Kelowna's appointed Screening Officer will review the incident. The Screening Officer will contact the ticket holder, or disputant, to present their side of the incident. The Screening Officer will review the Bylaw Offence Notice, the circumstances surrounding its issuance and either revoke or uphold the notice. If the Screening Officer upholds the notice, the disputant may choose to pay the fine or request the notice be forwarded to an adjudicator.
If the disputant chooses the adjudication process, they will be contacted by a Dispute Coordinator. The Dispute Coordinator will confirm that the file is complete and will request additional information if necessary. The Dispute Coordinator will schedule the adjudication date and time based on the Adjudication Calendar
and will confirm the disputant's preferred method of participation: in person, by phone or in writing.
A date, time and location for an adjudication will be provided to the disputant and the hearing will be conducted. A date, time and location for an adjudication will be provided to the disputant and the hearing will be conducted at Kelowna City Hall at 1435 Water Street, Kelowna, BC V1Y 1J4 (or in alternate locations on occasion). The disputant and the bylaw officer are not required to personally appear. Representation for the disputant may be made in writing or over the phone, and documentation from the municipality may be presented in support of the notice.
Independent adjudicators will determine whether a bylaw infraction did or did not occur. If the Adjudicator determines that the infraction occurred, the full penalty will be applied as well as an adjudication fee of $25. If the Adjudicator determines that no bylaw violation has occurred, no fine will be applied. The Adjudicator does not have authority to modify the offence or the penalty.
Ticket holders are welcome to bring their payment, together with their Bylaw Offence Notice to the cashier wicket in the main lobby of Municipal Hall at 2760 Cameron Road, West Kelowna, BC, during normal business hours: Monday through Friday, 8:30 am to 4:30 pm, except statutory holidays. Payments may be made by debit card, cash, cheque, money order or bank draft. For directions to Municipal Hall, please click here.
Outside of normal business hours, the Bylaw Offence Notice and payment by cheque, money order or bank draft may be placed in a sealed envelope and dropped in the deposit box located on the north wall adjacent to the main entrance of Municipal Hall at 2750 Cameron Road, West Kelowna, BC. For directions to Municipal Hall, please click here.
To pay by mail, please place the Bylaw Offence Notice and payment by cheque, bank draft or money order, in a sealed envelope and mail to:
District of West Kelowna
2760 Cameron Road,
West Kelowna, BC V1Z 2T6
Please make your cheque or money order payable to the District of West Kelowna. Do not send cash in the mail. A Non Sufficient Funds cheque, outdated or otherwise invalid cheque will not be considered payment of the penalty before the due date. Additional charges will apply for NSF cheques. Postmarks are not accepted as proof of date of payment. Please ensure sufficient time is provided for payment to be deliver through the mail prior to the payment date.
If after 14 days the ticket is not paid and the ticket has not been disputed or an Adjudication Hearing has not been requested, the opportunity to dispute the ticket is lost and the penalty will immediately become due and payable. Please ensure prompt payment.
If after 14 days the ticket has not been paid, nor a request for an Adjudication Hearing made, a letter is sent providing a final opportunity to pay. If payment is still not received after a further 28 days, the ticket may be forwarded to a collection agency and/or court action taken.
Questions and Inquiries
For more information on bylaws, bylaw infractions, ticketing, disputing a ticket and the adjudication process, feel free to contact the District of West Kelowna's Building and Regulatory Services Department at 778-797-8820.