The City of Hamilton alleges the owner of 94 Kingsview Drive has significantly encroached onto City lands and built a driveway, an accessory building, a patio, and a garden shed without any building permits or approvals.
In a report authored by the City’s Director of Environment Services Cynthia Graham, the City states the lands are zoned for parkland and that orders have been issued to the property owner to remove the structures and restore the lands to their original condition.
Legal counsel for the City and the property owner are now at odds, and legal action appears imminent.
City Council’s Public Works Committee is being informed because “the scale and circumstances of this case are exceptional,” Graham wrote.
The property owner made a “Without Prejudice” offer to purchase the lands from the City for $150,000. City staff refused the offer.
“Approving a sale of the lands under these circumstances could establish an undesirable precedent, encouraging future encroachments by suggesting that unauthorized development on City land may lead to eventual ownership,” Graham wrote.
The City says it became aware of the structures “in or about late 2023” and began investigating.
Due to the legal implications of the matter, Council is likely to move into closed session to address it.
Production Details
v. 1.0.0
Published: May 14, 2025
Last updated: May 14, 2025
Author: Joey Coleman
Update Record
v. 1.0.0 original version
Will there be a public meeting? When? Where?
I looked at a few google street view pics, you can clearly see the frost fence in one pic right up to their address stone. Then the later pic has the frost fence removed most of the way towards the house and also a wooden fence has been installed on three sides of the affected area. It was a let me see what I can take sort of thing and no one said anything so they went whole hog. The public will see how much money can buy in the outcome of this. It’s parkland for everyone’s enjoyment not one family who believes rules only apply to others. There is no excuse, this person knew exactly what they were doing and why. It’s going be costly for them but it’s what has to be done, lessons are sometimes painful and costly. I myself like the idea of a public sit in on the parkland property that was usurped.
Stunning that this was noticed in 2023 and has not been resolved or removed. Since when does the buyer set the price. This is a brutal precedent for all non conforming builders and homeowners .150,000 sure plus a 200,000 $ fine for the do and ask forgiveness attitude . Better yet have it removed. Now, not 2 years from now…..
And the homeless are kicked off city property right away! Possessions are ripped away and they have no place to go. Some of the homeless are families that were one paycheck away and ended up on the street and here is this man thinking he can do what he wants and it has taken the city 2yrs to do anything and still his stuff is still there! Not ripped away!!
FAFO rip it down
City will never do anything on this land , offer from owner is very generous and city needs a lot of money to fix up other things like our roads.150..000 thousands for a little land is a lot…
Should be fined for stealing public land to send a message to people with similar “thinking”.
This individual did not have permits, they were well aware of what they were doing and just figured they could get away with it. The city needs to make people aware they cannot go about doing this. They have to set a precedence and say you do not build on city-owned land and just think you’re going to pay a small penalty.
Wouldn’t it be hilarious if the home owner is a builder or contractor of some sort. LOL
Make him put it back. Was not there’s in the first place and knew it was wrong. Make him pay to put it back the way it was !
City is absolutely right to curb such encroachment and if such encrochers are allowed to do so, every other person would be doing the same. I would suggest that the owner of this property should be penalized exemplary to stop future encroachment activities.
How did all this happen without the City knowing about it?. Wouldn’t it have been an area that the City was responsible for maintenance??..it is not right BUT!!???
It’s pretty cheeky for the homeowner to not seek permission but ask for forgiveness after the theft of public land.
This cannot stand!