An Ontario Court Justice of the Peace has quashed a City of Hamilton prosecution of an alleged building code violation because the City failed to file the proceedings within statutory timelines.
The reason?
A City building inspector was “assigned to other duties, and no follow up occurred” for nearly two years.
In the short ruling dismissing the case, Justice of the Peace Donald Dudar, stated the City’s proceedings are barred by the limitation period set out in the Building Code Act.
The violation is alleged to have happened in 2021, when the City inspector “observed the results of the construction, determined that the scope of work required a building permit and that none had been secured.”
An order was issued. No building permit was ever applied for, and the City failed to follow up to ensure compliance.
This is the latest ruling against the City involving neglectful operations by the City.
In July, Ontario Superior Court Justice Michael R. Gibson found the City negligent in allowing combined wastewater to flood onto the National Steel Car property.
“The City has taken no steps to enforce its by-law, nor has it attempted to clear the obstructions in the watercourse on its own property,” Justice Gibson wrote. “No witness has any explanation for the City’s refusal to maintain the Channel.”
In June, the Assessment Review Board ruled against the City in a tax appeal because the City failed to show up to the hearing.
Prime land in the Upper Red Hill business park area was declared “permanently unusable” despite the lands being on the expansion of the Upper Red Hill Parkway.
The City has lost thousands of dollars of tax revenue each year.
Production Details v. 1.0.0 Published: August 29, 2024 Last updated: August 29, 2024 Author: Joey Coleman Update Record v. 1.0.0 original version
Classic City of Hamilton!
Poor training, orientationand vetting? The amount of disregard for safety and revenue never mind liability is a poor reflection on the administration and function of a billion dollar corporation.