Here are the questions that Gord Roesch should be answering:
Letter to Council members Dec 7 2010
Councilors
I request a closed session to discuss the reasons Gordon Roesch issued tickets on October 18, 2010 for vehicles on my property and possible litigation issues due to this action.
I also request at this session the following questions be answered :
1)That if Gordon Roesch says that he asked for and got legal advice on this issue that he show proof that he obtained legal advice before he issued the tickets to me. If failing a written proof then council will ask the legal consultant involved if they offered legal advice on this matter and what was the advice given.
2)That Gordon show how bylaw 5.1 does not require the second part of the bylaw “ for thepurpose of repairing, wrecking or dismantling it or salvaging parts thereof for sale or other disposal,etc”
5. MOTOR VEHICLES & MACHINERY:
5.1 No person shall use any property within the Municipality of Bayham for the storing and/or parking of a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Act for the Province of Ontario or amendments thereto, for the purpose of repairing, wrecking or dismantling it or salvaging parts thereof for sale or other disposal, unless the use of such land is in conformity with the requirements of the Municipal Zoning By-laws.
3)That Gordon Roesch explain why he did not issue a notice of violation and repair before issuing my tickets when it clearly states this must be done as stated below in the bylaw..
20 ADMINISTRATION AND ENFORCEMENT:
20.1 When any lands and/or premises are not maintained pursuant to the requirements of this By-law, the Property Standards Officer, the Chief Building Official, or a designated person may, by personal service, registered mail or any other permitted means, deliver a Notice of Violation and Repair to any owner at the address shown on the last revised assessment roll or to the last known address of any such owner.
4) That if there was any doubt in his mind that he should have taken a more measured approach to the situation by issuing a notice of violation.
5) That Gordon Roesch was unable to see that no one could possibly see the expiration date on the licenses from outside my property and that whomever complained should have also complained about other unlicensed vehicles in the area.
6) That Gordon in requesting that I respond to his letter of July 26 by July 30, which is only 3 days, to respond to his letter was trying to make a frivolous request in too short a time and yet he has not responded to any of my requests which I asked for in 15 days.
7) That Gordon Roesch explain why he was not able to easily see that with nearly every neighbour having or having had had an unlicensed vehicle in their yard that the person complaining was obviously out to harass me. Should he not be more concerned with and make judgments on the issues of fire, safety or health.
Please note the bylaw in Norfolk insists that the bylaw officer determine what shall constitute a Heath, fire or Safety hazard and why do we not have that in Bayham?
BY-LAW NO. 2005-127
4. ENFORCEMENT
4.2 A Municipal Law Enforcement Officer shall determine what shall
constitute a health, fire or safety hazard .
8) That if the bylaw officer, Gordon Roesch is to be trusted by the people living in Bayham, he should not be influenced by personal dislike, and should discuss his intentions with council when his reading of the bylaw is stretched beyond reasonable interpretation.
Mat Redsell