Ziki Posted August 25, 2009 Report Posted August 25, 2009 Anyone ever had to deal with a Municipal Law Enforcement Officer before? Turns out my driveway is too wide for the zoning laws. Wasn't a problem for the 5years I've lived here, but it is now. Anyways he said my options were to re-do my driveway, block off the extended area with a 4" barrier or take it up with the Committee of Adjustment. The scam artists at the Committee of Adjustment want $400 just for an application to have my case looked at. The guy says he will take me to court, but is that even possible for a by-law? Has anyone tried ignoring them and getting them to move on. Also do Municipal Law Enforcement Officers have the right to trespass onto my property to measure the length of my driveway or should I call the real boys in blue next time. Thanks OFC, I know there is a wise group here that can help me deal with this.
bigfish1965 Posted August 25, 2009 Report Posted August 25, 2009 My mom is a by-law officer. Yes, they can come on your property to investigate a complaint. A $400 fee to ask for an adjustment hearing is pretty bad. But, if you did it then it is part of the price, unfortunately. If it was there before you moved in, you have a good argument.
irishfield Posted August 25, 2009 Report Posted August 25, 2009 If it was there before they passed the applicable by-law then even better. Find the by-law # they are referring to and it's date of passing.
MCTFisher9120 Posted August 25, 2009 Report Posted August 25, 2009 Sounds stupid to me. More people trying to make others spend money.
TC1OZ Posted August 25, 2009 Report Posted August 25, 2009 Did you put in the drive way after you moved? If so its your own fault for not checking your laws. If it was there before you bought the home, you didn't cut corners while purchasing the home, and your lawyer isn't a moron...you should have something called "Title Insurance" which covers cases like this. If not...prepare to take it up the butt!
Ziki Posted August 25, 2009 Author Report Posted August 25, 2009 If it was there before they passed the applicable by-law then even better. Find the by-law # they are referring to and it's date of passing. The date on the by-law is June 20, 2007 so certainly after the driveway was put in. Who do I take this up with? The MLEO himself?
Roy Posted August 25, 2009 Report Posted August 25, 2009 Make sure that the date of June 20, 2007 is the date the bylaw was first passed and not just an amendment to an existing bylaw.
Radnine Posted August 25, 2009 Report Posted August 25, 2009 Try not to shoot the messenger. Like most by-laws (or laws in general) is was probably put there for a good reason (like keeping your idiot neighbour from paving his whole lawn and filling it with the cars that he has put in the demolition derby for the past 10 years). If you've got a legal out then good on you. I should also think that you should not have to incur any cost to defend your driveway. Good luck. Jim
Ziki Posted August 25, 2009 Author Report Posted August 25, 2009 I am going by the date they numbered every page with. Some of them say "revised" so I can only assume the ones that don't are the date the bylaw was passed. Here's a link http://www6.mississauga.ca/onlinemaps/plan...-%20RM1-RM2.pdf
TC1OZ Posted August 25, 2009 Report Posted August 25, 2009 The guy says he will take me to court, but is that even possible for a by-law? Has anyone tried ignoring them and getting them to move on. 100%. They are the city and that is what they do for a living...enforce by-laws. If you work with them they will be nice... I had a car at the end of my property it was parked the right way but they said it can't be un-plated.... I argued that its my property and it doesn't matter. Then they said its actually cities property...something like 4 Meters from the center of the road, onto the front of your property isn't technically yours.... I wanted to say then why the hell am I paying property taxes for x amount of feet when I technically only own x amount... Either way... Government wins...end of story.
TC1OZ Posted August 25, 2009 Report Posted August 25, 2009 Reply to my response...because if you didn't put the drive way in and it was there when you bought the house....if you have Title Insurance you just need to make one call and their lawyers handle everything...doesn't cost you squat!
Ziki Posted August 25, 2009 Author Report Posted August 25, 2009 The driveway was put in by us when we moved in by the same people who did all the renovation on the house. Due to a rogers cable box on our lawn the only way to accommodate a 2 car wide driveway was to put the extension on an angle. Due to this angle the driveway is now too wide for zoning regulations. Now my problem is that I don't have $400 to give to a special committee of seven, to explain this to them and then HOPE they understand and approve my application. Can I wait for the MLEO to take me to court and then explain myself then and there? TC1OZ what happened with your unplated car?
TC1OZ Posted August 25, 2009 Report Posted August 25, 2009 The driveway was put in by us when we moved in by the same people who did all the renovation on the house. Due to a rogers cable box on our lawn the only way to accommodate a 2 car wide driveway was to put the extension on an angle. Due to this angle the driveway is now too wide for zoning regulations. Now my problem is that I don't have $400 to give to a special committee of seven, to explain this to them and then HOPE they understand and approve my application. Can I wait for the MLEO to take me to court and then explain myself then and there? TC1OZ what happened with your unplated car? Haha.. Like I said the government wins. They own the end of my property that I pay taxes on...I have one of those L shaped drive ways...and I guess to park a car at the end of my property (base of the L 5 feet away from the shoulder of the road) it has to have plates on it. Since its technically city property the rules of the road apply to that part of my drive way. I had to push it about a car length up the straight part of my drive way...now I just park half on the lawn with my van! HAHAHAHA! They don't own that part and it has plates! I could park my van at the end of the road, but then its a long walk to the house hahaha. And it looks like you are screwed man. Any work on your property needs to have a work order created with the city to verify if you are breaking any zoning laws or encroaching on someone else's (their) property. The only reason I know lots about this work order issue, is because I'm currently dealing with a lawsuit involving the house I purchased almost 2 years ago...the city has wiped their hands clean because they throw away records older than 30 years old, my title insurance doesn't cover it because they say its a structural problem but if I had paperwork from the city stating it existed before I got here then it would be covered....But now I am suing for non-disclosure of the issue and in their defense they say there was a problem but they got it fixed...THEY TOLD US THERE WERE NO PROBLEMS AND THATS WHY WE ARE SUING!!!! lol idiots...Court is a long process! Try to do what you can to avoid it...because if you have to pay your lawyer up front its not coming back to you unless you win....
Fish4Eyes Posted August 25, 2009 Report Posted August 25, 2009 Tell him you will give him that $400 to shut his mouth and carry on .
Ziki Posted August 25, 2009 Author Report Posted August 25, 2009 Well I'm off to the store to buy some indoor outdoor grass carpet I'll let you guys know how well it works out.
TC1OZ Posted August 25, 2009 Report Posted August 25, 2009 Well I'm off to the store to buy some indoor outdoor grass carpet I'll let you guys know how well it works out. Ummmm maybe if they take a peek from the road...but since you are in the system they are going to actually look into it and force the Work Order or take you to court and sue you for the cost of them to carry out the work order. You might be better off just digging up some dirt and putting it on, a little more believable....but you are dreaming if you don't think they are going to bring a shovel to verify.
Ziki Posted August 25, 2009 Author Report Posted August 25, 2009 It isn't a driveway if it has grass on it, and there is nothing wrong with parking on your lawn. BUT if you pave it so you don't have a dirt patch on your lawn your breaking the bylaw. Refer to title
TC1OZ Posted August 25, 2009 Report Posted August 25, 2009 It isn't a driveway if it has grass on it, and there is nothing wrong with parking on your lawn. BUT if you pave it so you don't have a dirt patch on your lawn your breaking the bylaw. Refer to title Fake grass isn't grass....they will check to see if the structure has been removed.
PAZE Posted August 25, 2009 Report Posted August 25, 2009 From what I understand parking on your lawn is a by-law offence aswell, so since you got them going now they'll throw everything at you, work with them not against them. One of your neibourghs must have complained or someone down the street that was pist you had a bigger driveway, either way this might be a long battle, good luck and hope it works out.
TC1OZ Posted August 25, 2009 Report Posted August 25, 2009 From what I understand parking on your lawn is a by-law offence aswell, so since you got them going now they'll throw everything at you, work with them not against them. One of your neibourghs must have complained or someone down the street that was pist you had a bigger driveway, either way this might be a long battle, good luck and hope it works out. I suggested working with the guy, doesn't seem like he wants to take that route. But that was obvious when they built the drive way without getting a permit for the construction. The city would of told the contractors before they even dug that this would not be legal. Seems like the company you choose may have saved you a couple of bucks up front by not getting a work permit, but now this is the headache you have to deal with. As for parking on your lawn it depends on where you are located. Its not always a by-law offense. In Fort Erie lots of people just park where ever on the lawn because they do not have any drive way...just all dirt or grass.
LeXXington Posted August 25, 2009 Report Posted August 25, 2009 LOL, I think it's acutally a by-law office not too have a paved driveway in mississauga and yes there is a by-law too park on the grass. By-laws are just a way too make money and let you know that although you may feel you are the king of your castle really you are just renting with the goverment telling you want too do. best by-law!!! == NO MORE BY-LAWS!!!
Ziki Posted August 25, 2009 Author Report Posted August 25, 2009 I suggested working with the guy, doesn't seem like he wants to take that route. Are you really surprised I didn't listen to your suggestion? If not...prepare to take it up the butt! Either way... Government wins...end of story. Not the ending I want for my story.
TC1OZ Posted August 25, 2009 Report Posted August 25, 2009 Are you really surprised I didn't listen to your suggestion? Not the ending I want for my story. You are ignoring the facts... You shouldn't of paved your drive way without a work permit legalizing the construction. Simple enough... Do things right the first time...and then you wont have to deal with this....
Woodsman Posted August 25, 2009 Report Posted August 25, 2009 (edited) Sounds like your contractor skipped a few steps & now your being held accountable. Contact the contractor who did the job and verify he had all proper permits & inspections at the time of construction. If not you have legal cause to hold him responsible. Now if you hired a non licensed contractor you may have got just what you payed for. Rick Edited August 25, 2009 by Woodsman
Ziki Posted August 25, 2009 Author Report Posted August 25, 2009 You are ignoring the facts... You are ignoring common sense. My extra foot of driveway space isn't bothering anyone now more than it was for the last 5 years. This is a blatant cash grab. $400 so a committee of seven can ponder if I can have an extra foot of driveway width on my property.
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