Hello--
I have thoroughly researched this topic for you over the past few
days. And have the answers for you. I've found you have several
options at your disposal. I am not an attorney and cannot give legal
advice. However, I can answer your questions.
You referred to the governing body in your area as the Township of
Minto. But my research has found, as you may know, that the Township
of Minto is actually officially called the "Town of Minto." The town's
web site claims the town is "situated at the North end of Wellington
County is home to a thriving agricultural industry. Minto township is
home to the towns of Palmerston and Harriston as well as the Village
of Clifford." You may see this information directly on the town's web
site. The link is http://www.town.minto.on.ca/minto/index.htm
I know you said you've gone around and around with the town about the
ditch in front of your property. But there are certain procedures you
should take to get the results you're hoping for.
First, I want to point out to you a couple of the town's by-laws. You
said town officials you'd need to either put a wall up between their
ditch and your property or move your property back six feet so it
won't interfere with their ditch.
You noted that you have plans to change the grade of your property to
be even or higher than the ditch. This appears to be fine according to
the town's by-laws. But if you're concerned town officials would be
upset with your plans, you should be sure to landscape the ground of
which you plan to change the grade. Here is the specific zoning rule
as it applies to a rural residential area in Minto:
"zoning code
10.3 LANDSCAPED AREA
i) No part of any required front yard or required exterior side yard
shall be used for any purpose other than a landscaped area except for
a driveway leading to a private garage.
ii) A minimum of 55% of the required front yard and required exterior
side yard shall be maintained as a landscaped area."
Again, the point I'm making is that the rules say "no part of any
required front yard... shall be used for any purpose other than a
landscaped area...." Make sure the changes you make fit this rule, so
you can effectively defend your argument, should it come up.
Next, I want to bring to your attention the Minto by-laws for Property
Standards as dictated by the Property Standards Committee:
"Property Standards Committee
4. Council shall appoint at large, by a Resolution, (or By-Law) of
Council no fewer than three (3) persons of the municipality to the
Property Standards Committee for a term of office concurrent with
Council.
5. Members of the Property Standards Committee, appointed by Council,
shall be
entitled to an honorarium as set by Council for their attendance at
Committee
meetings.
6. Every person who initiates an appeal of an Order made section 15.2
(2) of the Ontario Building Code Act, S.O. 1992, c23, shall submit a
Notice of Appeal in the time frame and the manner as prescribed in
section 15.3 (1) of the Act. All Notices of Appeal shall be
accompanied by a non-refundable payment of $300.
Note: The fee for registering an appeal as noted in Article 6.06 is
optional. The decision to require a fee is purely based upon the
wishes of the respective municipality.
Compliance
7. The owner of any property which does not conform to the standards
as set out in this By-Law shall repair and /or maintain said property
to comply with the standards or the property shall be cleared of all
buildings, structures, debris or refuse and left in a levelled and
graded condition."
Be aware of number 7 in this set of rules. This means that the town is
saying if your land does not conform to the standards they've set,
they can clear your buildings, structures, debris or refuse and leave
the property in a level condition. This doesn't happen often. But the
rule is there.
The property in which the town has conducted ditch work is in their
right-of-way. Under Canadian law, they can conduct work there as they
please and change the grading of ditches in their right-of-way.
As you can see from the above by-laws, they have also created some
rules that dictate what you can and cannot do with your land. But the
wording in the landscaping rule is such that as long as your grading
is "appropriately landscaped," you should be fine.
I work with consumer complaints on a daily basis and have some
additional advice for you. It sounds as if you've already placed a lot
of phone calls to town officials, so I would tell you that you should
put your complaint to the town in writing. I would focus on how you,
as a citizen of the town, would like the town to change the grade of
the ditch in front of your house. You'll want this letter to be polite
yet firm. And keep it to one page of types text, if you can. I would
send this letter to as many elected officials as you can.
Remember, you are a taxpayer and a citizen of this area. You have
every right to voice your concerns.
I would place a call to Norm Fisk, the Public Works Superintendent. I
assume you've already spoken with him. But his number is (519)
338-2511 Ext. 27. Fax (519) 338-2005. I would tell him you've been
doing some thinking and that you would like to sit down with him to
talk about your ditch issue man to man, maybe over coffee or lunch. Or
maybe in his office. When you meet with him, have a civil conversation
with him. Enforce maybe three main points you have. Three main reasons
why the way they graded their ditch infringes on your property. End
the conversation by asking him what you can do to try to remedy this
(i.e. are you willing to pay to have the ditch re-configured if it
comes to that?, can you arrange a special agreement with you and the
town so that the ditch is in the original position?).
If this still doesn't work, I'd contact the president of the town
council and ask to talk at the next town council meeting. At this
meeting, you would have the undivided attention of the council. Be
sure to point out that these councilmembers are elected by people like
you, so you don't understand why they wouldn't want to try to help.
The next step for me would be to contact an attorney in your area. It
may be worth your while to take the issue to court and let a judge
decide what must be done.
You may read the full by-laws of the Town of Minto in Ontario on the
town's web site. The link is http://www.town.minto.on.ca/by-laws.html
You probably already have all the phone numbers and contact names you
need for dealing with the town. I am including a list of the pertinent
officers below.
Administration; Call (519) 338-2511 or Fax (519) 338-2005
Larry C. Adams, AMCT, Chief Administrative Officer, ext. 32
larry@town.minto.on.ca
Treasury; Call (519) 338-2511 or Fax (519) 338-2005
Gordon R. Duff, CGA, BBA, CFP, Treasurer, ext. 35
gordon@town.minto.on.ca
Lorie Forbes, Deputy Treasurer, Ext. 30
lorie@town.minto.on.ca
Janet Klemp, AMCT, Tax Collector, ext. 33
janet@town.minto.on.ca
Clerk's Office; Call (519) 338-2511 or Fax (519) 338-2005
Barbara L. Sampson, AMCT, Clerk, ext. 37
barb@town.minto.on.ca
Hazel Soady-Easton, AMCT, Deputy Clerk, ext. 22
hazel@town.minto.on.ca
Public Works; Call (519) 338-2511 or Fax (519) 338-2005
Norm Fisk, Public Works Superintendent, ext. 27
norm@town.minto.on.ca
Building; Call (519) 338-2511 or Fax (519) 338-2005
Harriston Fire Department; Call (519) 338-2046
Harold Weber, Fire Chief
harrfire@wightman.ca
Palmerston Fire Department; Call (519) 343-3735
David Bramhill, Fire Chief
palmfire@wightman.ca
Clifford Fire Department; Call (519) 327-8411
Dennis Kaufman, Fire Chief
cliffire@wightman.ca
Harriston Facilities Booking; Call (519) 338-3015
Clifford Facilities Book; Call (519) 327-8100
Paul Raftis, Facilities Manager
Palmerston Facilities Booking; Call (519) 343-3860
Dale Lamont, Facilities Manager
You may E-Mail the town with general legal questions to Hazel. Her
E-Mail address is hazel@town.minto.on.ca
To conduct research on this subject, I searched the following terms:
Ontario "Minto township," "Town of Minto,"
I hope this helps! If you have any questions or need any
clarification, please don't hesitate to ask!
darrel-ga |
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