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.
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Published: May 16, 2025
Last updated: May 16, 2025
Author: Joey Coleman
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