FAQs
1. What is the purpose of the AMPS by-law?
The purpose of the AMPS by-law is to establish an Administrative Monetary Penalties System (AMPS) for regulatory non-parking violations in the Town of Halton Hills. This system aims to promote compliance with the Town's by-laws by imposing administrative penalties for contraventions.
2. What are Administrative Monetary Penalties?
Administrative Monetary Penalties are financial penalties imposed by the Town for non-compliance with designated by-laws. These penalties are not punitive in nature but are intended to encourage compliance with the Town's regulations.
3. Which by-laws are covered under AMPS?
The by-laws covered under this system are listed in the schedules of the AMPS by-law. These include various regulatory by-laws that the Town has designated for administrative penalties.
4. How are penalties issued?
Penalties are issued by an officer who has reason to believe that a person has contravened a designated by-law. The officer will issue a Penalty Notice to the person as soon as reasonably practical once a contravention has been confirmed.
5. What information is included in a Penalty Notice?
A Penalty Notice includes the person's name, the date of the contravention, the penalty notice number, the name and signature of the issuing officer, the short form wording for the contravention, the location of the contravention, the amount of the administrative penalty, the due date for payment, payment options, and information on how to request a review of the penalty.
6. What happens if a penalty is not paid on time?
If a penalty is not paid within 15 days of the date of service of the Penalty Notice, the penalty and any applicable administrative fees are deemed to be affirmed and payable. Late payments will be subject to a late payment fee.
7. Can penalties be reviewed or appealed?
Yes, a person who has been issued a Penalty Notice can request a review of the penalty by a Screening Officer. If the person is not satisfied with the decision of the Screening Officer, they can request a hearing with a Hearing Officer. Decisions made by the Hearing Officer are final and binding.
8. What are the consequences of continuous contraventions?
If a contravention is continuous, each day the contravention continues constitutes a new and separate contravention. This means that additional penalties can be imposed for each day the contravention continues.
9. How are penalties enforced?
Penalties constitute a debt to the Town and may be added to the tax roll of a property located in the Town if not paid within 15 days. The Town may also initiate other proceedings or seek other remedies permitted by law to prevent the continuation or repetition of the contravention.
10. What is the process for requesting a Screening Review?
A person who has been issued a Penalty Notice can request a Screening Review by submitting a request in writing to the Screening Officer. The request must be made within 15 days of the date of service of the Penalty Notice.
11. What happens during a Screening Review
During a Screening Review, the Screening Officer will review the Penalty Notice and any submissions made by the person who received the notice. The Screening Officer may confirm, cancel, or reduce the amount of the Administrative Penalty.
12. Can the decision of a Screening Officer be appealed?
Yes, if a person is not satisfied with the decision of the Screening Officer, they can request a hearing with a Hearing Officer. The request for a hearing must be made within 15 days of the date of the Screening Officer's decision.
13. What is the role of a Hearing Officer?
A Hearing Officer conducts hearings to review the decisions made by Screening Officers. The Hearing Officer has the authority to confirm, cancel, or reduce the amount of the Administrative Penalty.
14. How are hearings conducted?
Hearings can be conducted in person, by conference telephone, or by other electronic means that allow participants to hear one another.
15. What happens if a person fails to appear for a hearing?
If a person fails to appear for a hearing, they may be charged a Hearing Non-Appearance Fee. The Hearing Officer may proceed with the hearing in the person's absence and make a decision based on the available information.
16. What are the consequences of not paying an Administrative Penalty?
If an Administrative Penalty is not paid within 15 days of the date of service of the Penalty Notice, the penalty and any applicable administrative fees are deemed to be affirmed and payable. The person will also be liable to pay a late payment fee.
17. Can an Administrative Penalty be added to the tax roll?
Yes, if an Administrative Penalty is not paid within 15 days, it may be added to the tax roll of a property located in the town. This means that the penalty will become a debt to the Town and can be collected in the same manner as property taxes.