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Feature Article December 10

Feature Article December 11, 2003

LAND O' LAKES NewsWeb Home

Lean-to leads to $200 fine

The first meeting of the new Council in North Frontenac was greeted by a disgruntled ratepayer, Al West, who came to Council seeking relief from a $200 administrative fee he is being charged for commencing a building project, a lean to attached to his house, before obtaining a permit or approval to start.

Based on a conversation with Building Inspector Ken Lindey, Mr. West paid a $75 permit fee and filled out a permit application. Assuming that was all he needed to do to legally put up a lean-to to store wood, he began building the structure. A few days later, he received a call from Judy Tooley at the township office who told him he needed to drop off a plan for interim Building Inspector Ken Buxton to see (Ken Lindey had gone on holiday).

It was here that Mr. West began to get into trouble, telling Judy Tooley he had already begun to build. He was then informed he was putting himself at risk of being fined for starting work without a permit. When interim inspector Buxton arrived he told Alan West that he must make changes to his construction because the rafters were built on 24 centres rather than 16. The changes were made and Mr. West completed his project. It was then that he received a phone call from the township office and informed his permit was ready to be picked up and that he was being levied the $200 administrative fee.

The staff position on the matter was that Mr. West was liable to pay the fee because he commenced his building project before a permit or approval to start, according to a memo to council by Clek/Administrator Penny Sharman. Sharman also included supporting documentation about similar cases and a copy of the bylaw setting out the administrative fee structure.

Council was split on the matter. While Councillors Clayton and Cybulski both felt it would be best to defer the issue until the next meeting, when Mr. Lindey would be available. But the rest of the councillors agreed with Councillor Hook, who said, I think we should stand behind our staff and uphold the decision that was made in this matter.

At that point Alan West vowed not to pay the fine, and said he would fight the matter in small claims court. This isnt about the $200. I know it will cost more than that to fight this in court, but its a matter of fairness. He then left the meeting.

With the participation of the Government of Canada