The City of Hamilton is powerless to stop construction of the city’s newest “legal non-conforming” parking lot despite issuing an order on March 16, 2012 to the owner to stop construction at 55 Queen Street North (at Market).
Ward 1 councillor Brian McHattie expressed frustration the property – which shares the same mailing address as Vranich Development Corp – is being developed into another parking lot.
McHattie notes “a parking lot on that site is a legal non-conforming use (ie. allowed)” and that his is trying to prevent the construction of the lot, but notes he will likely be unsuccessful.
Work on the site was continuing Saturday morning (when this reporter was last near the site) and the order to comply was clearly visible as construction vehicles entered the site.
The order as provided by the City:
Order Number: 12-104923-00 EN
Date Order Issued: March 16, 2012
Address to which Order applies:
55 QUEEN ST. N HAMILTON
Order issued to:
Hamilton Queen & Market Inc
1100 BURLOAK DR. Suite 105
BURLINGTON ON L7L 6B2
The inspection on or about March 14, 2012 at the above-referenced address found the following contravention(s) of the By-law as noted below.
You are hereby ordered to correct the contraventions itemized below by April 8, 2012.
| Item | Reference | Description and location | Required action and compliance date |
|---|---|---|---|
| 1. | The City of Hamilton By-Law 03-126, as amended, Section 3(1) | Fill has been dumped or placed on the above described lands without having first obtained a Site Alteration Permit issued by the Director | Obtain a Site Alteration Permit or restore all site grades to original condition. |
Name:
BCIN: 15083
Signature: ___**
Telephone No.: 905.546.2424 ext. 1368
Note
- Every person who contravenes any provision of the Site Alteration By-law is guilty of an offence and upon conviction is liable to the penalties specified by Section 61 of the Provincial Offences Act.
- Where the owner fails to comply, the Director may at the owner’s expense cause emergency repairs or clean up, carry out or arrange for necessary repair or maintenance immediately.
- The City of Hamilton may recover the expenses incurred in doing the work by adding such expenses, including interest to the real property tax roll for property held by the owner, to be collected in like manner as municipal taxes.