Investigation Process

The Town of Greater Napanee strives to empower our citizens to attempt to resolve issues before the Town is involved. We prioritize enforcement through education and work with citizens to resolve violations using this philosophy.

What happens when I file a complaint?

Once you file a complaint with the town and online through our portal, via phone, email or in person and you categorize it for By-Law Enforcement the following steps occur:

The complaint will be evaluated determined to be valid and confirmed that it is within By-Law’s purview. For example, issues around buildings may need to be sent to a building inspector or Property Standards officer for review. Issues around garbage may need to be sent to Parks and Recreation for follow-up. Issues determined to be outside the Town's jurisdiction such as police matters are forwarded to the respective agency for follow up and then closed.

What is a valid complaint?

A valid complaint is one that is not anonymous, contains information that can be acted on and is within the jurisdiction of the municipality.

Issues that are deemed to require enforcement and within the Town’s jurisdiction will then continue on to the next step in the investigation process.

Step 1: Case Assignment

The complaint was not filed online through the report an issue function is entered into the By-Law Tracking electronic tracking system and automatically issued a Case Number.

The citizen reporting the issue will receive an email confirmation of this happening (if filed online it will be received at the time of submission). This is a unique case number that the department will use to identify the complaint going forward. Once received a Municipal Law Enforcement officer will be assigned to the case.

Cases received are triaged with more serious cases being attended to first, however within 2-5 business days of receiving the case a Municipal Law Enforcement Officer will be assigned to the case and begin an investigation.

Online Case Tracking

Did you know? You can check back on the link in your submission email to track the status of your case.

Step 2: Investigation

Upon being assigned to a case an officer will begin investigating the complaint to determine any contravention to a bylaw. This will include collecting evidence such as photos, witness statements video evidence which will require a certain amount of field and office work. This will also require a visit in most cases to the address in question. If the officer determines that an violation has occurred they will move to have the issue rectified.

Step 3: Resolution

The Officer assigned to the case will ensure that the issue at hand is rectified and is resolved to their satisfaction in compliance with the Towns Bylaws. This resolution may be made voluntarily or through enforcement action.

3A: Voluntary Resolution	3B: Enforcement Resolution
If the issue is resolved voluntarily then the matter is considered closed. The officer will ensure the issue is properly documented, update the case documents accordingly and notify the complaint that the matter has been resolved.	If the matter is not resolved voluntarily or still requires enforcement action the officer will continue further action on the File.

Step 4: Enforcement Action

Depending on the severity and type of enforcement issue the officer in their judgment may move straight to issuing a Provincial Offences Charge however for most issues the following process with occur.

4A: Order to Comply

The officer will draft an order to comply which will state:

The nature of the violation and how and what By-Law it contravenes
The date of inspection when the violation was observed
What is required by the individual in question to correct the violations and or deficiencies
The date compliance must be achieved by
If not complied with what correction action will be taken

Depending on the severity, type and recurrence of the issue the alleged offender or property owner is generally given between 7 and 14 days to comply wit the order. When the order is received the alleged offender/ property owner has three options.

Comply with the order

Fail to comply with the order

Appeal

Step 1: Notify the Officer listed on the order they will comply with the order.

Step 2: Conduct the necessary work / corrective action

Step 3: Notify the officer that work has been completed

Step 4: The officer will reinspect the premises / area and confirm the order has been complied with. If the order has been complied with then the file will be closed and Alleged offender notified. If not, further enforcement action will occur.

If work listed under the order to comply has determined to not be satisfactorily completed the officer will commence enforcement action as listed on the order and addition to additional enforcement action which may include:

Remediation work to be conducted by the municipality and then billed to the offender
Charges under the Provincial Offences act
Legal action through the court system

An alleged offender can appeal the order to the Municipality by contacting the Officer listed on the order. Appeals must be received with 7 Business Days of the Order Issue Date. Despite appealing, the “timer” on orders continues. If the appeal is not successful, you may have a shorter timeline for completion of ordered corrective action.

4B: Provincial Offences Charge or Summons

Depending on the enforcement issue an officer may levy charges against the alleged offender based on the issue at hand. Charges under the Provincial Offences Act fall into one of three categories.

Part 1 Charges
Part 2 Charges
Part 3 Summons

Part 1: Charges

Part 2: Charges

Part 3: Summons

Issued by an officer for violations of a By-Law with set fines. Charges generally carry a fine in the range of $50.00 to $500.00

In addition to Part 1 charges the officer may move to add additional enforcement action such as undertaking work to correct a problem or issuing an Order to Comply These actions may result in additional fines being levied for these actions.

Repeated Part 1 offences may result in a Part 3 Summons.

Commonly known as parking tickets. Part 2 charges are issued exclusively for parking infractions and carry fines from $25.00 to $500.00 in amount.

In addition to Part 2 fines the officer may move to add additional enforcement action such as towing a vehicle blocking a fire lane or that has been abandoned. These actions may result in additional fines being levied for these actions.

Repeated part 2 offences may result in a Part 3 Summons or additional action such as the towing.

Issued for extremely serious violations or repeated enforcement violations. Par 3 Summons have not set fine as they result in the issue immediately being taken to court.

Upon conviction fines for an individual carry a maximum fine of $25,000.00 for a first offence and $50,000.00 for each subsequent offence.

The fine is determined by the court based on the outcome of the case.

Complaint Process FAQ

How do I update a complaint?

The easiest way to update a complaint is through the online link provided when you complaint is registered. This updated information is directly linked into the case file and can be viewed the officer assigned. You can also upload photo and video evidence. You can also contact the officer assigned by emailing or phoning the town and relaying the information.

Do you release my name?

We respect the privacy of our complaints and do our best to protect their identity. We will never attend a property and say that the reason we are there is because neighbour X complained about something. You information is kept secure and restricted to the By-Law department only. You information will only be shared in the course of the investigation if we need the assistance of an outside agency (such as the OPP) and need to divulge this information. In the event that the complaint results in enforcement action and the need to lay charges or proceed with a court proceeding and the officer needs to rely on evidence that you provided they will ask you if you are comfortable with this potential disclosure before proceeding.

Municipal Law Enforcement
99-A Advance Avenue
Napanee, ON K7R 3Y5
Phone: (613) 354-3351
Email: bylaw@greaternapanee.com