Hamilton waiting on at least $80K in unpaid COVID-19 fines

Hamilton is waiting on at least $80,700 in unpaid ticketsfrom people and businesses that broke COVID-19 rules.

Ava van Heerden, a publicinformation associate with the city, told CBCHamilton bylaw officers laid466 charges against businesses and individuals who violated masking and physicaldistancing rules since they came into effect in 2020.

Of those tickets, 195 about 42 per cent still haven't been paid.

These specific fines fall under Administrative Penalty Systems (APS). These are local bylaws and fines that don't go through the courts and are handled by the ctiyinstead.

Thatamount in unpaid feesdoesn't take into account the863 charges laid in Hamilton under theReopening Ontario Act and326 charges under theEmergency Measures and Civil Protection Act those are both provincial orders and it's unclear how many of thosefees have gone unpaid. The province has not replied to a request for comment on those charges.

Ontarioand the city continue torelax COVID-19 measures, but manyof those who broke local COVID-19 bylaws under APS still haven't paid their fees.

Of the 466 APS charges,van Heerden said 221 $73,009.68 have been paid. That's about 47 per cent of the tickets.

Bylaw issued248 tickets to businesses and 218 against individuals. She said139 businesses have paid a sum of$39,082.53 but86 still need to pay a sum of $27,400, plus late fees.

She added82 individuals have paid a sum of nearly $34,000but 109 still need to pay a sum of$53,300, plus late fees.

Van Heerden said 48 ticketswere cancelled at hearings. That could've netted the city an extra $20,700.

The data also shows people and businesses in the city's downtown area and Upper Stoney Creek area received the most tickets.

Business owner says he won't pay fines

Bad &Boujeeowner Ken Saburnsaid he's facing more than $10,000 in fines and won't pay them. Saburn said he can't afford the fines becausethe business isn't making enough money.

In October, the downtown bar receivednine tickets for COVID-19 violations the most in a single day.

Most of those are under the Reopening Ontario Act. Saburn said he owes roughly $880 in APS fines.

Saburnsaid he didn't think bylaw officers did a proper investigation when he got slapped with nine fines in one day because they allegedly never stepped foot into the bar. He also said bylaw should've offered more education.

"We thought we were following all the protocols ... I guess they just said we weren't doing it up to their standards," Saburn said in an interview onThursday. "We are trying to fight it but finding legal representation is kind of hard."

When asked about other times where there were infractions, like the APS fines, Saburnsaid despite best efforts, sometimes people slip up and don't follow the rules.

Speaking generally about COVID-19 fines, Marie Nash, the interim CEO of Hamilton's Chamber of Commerce, said it's "unlikely that businesses weren't aware of the bylaws prior to being fined."

"Every time we worked with bylaw ... bylaw has always taken an education-first approach," she said, meaning fines were often used on alast-resort basis.

Nash said throughout the pandemic, the vast majority of businesses who contacted the chamber about the rules, did so for clarification to make sure they were in compliance.

What happens if you don't pay COVID-19 fines?

Monica Ciriello, the city's director of licensing and bylaw, said when someone is fined through APS, there is a screening process where the ticket is reviewed.

If someone wants to dispute the fine, they have 14 days to appeal. Then, they'llappear before a hearing officer.

If someone doesn't pay their fine after a few weeks, a roughly $60 fee is added.Ciriello said another some $60 fee is added if 46 days have passed and the ticket is still unpaid.

"Ultimately, these penalties will be sent to collections or they will be added to the individual's tax roll," she said in an interview on Friday.

Cirielloalso said the city can add specialconditions to those who don't pay their fines,like sending them before a licence tribunal.

So far, the city hasn't gone that far to any business or individual, but the city has taken steps toward sending information into collections data.

When asked if Ciriello thinks the city will getthe people who owe unpaid fees to pay,she said she's confident the city will take "all steps" to get the job done.

She also said while most restrictions are being lifted, bylaw officers are still moving around Hamilton to ensure people are followingmasking rules while they're still in effect.