Welcome to the Municipality of Bayham!

On October 18 2010 I was issued two tickets costing over $330 for vehicles parked in my yard.

Here are the questions that Gord Roesch should be answering:

Here are the vehicles in question. They have expired licenses since I have not used them in the last summer. The vehicles in question are in running condition and are not being salvaged or repaired. They on occasion sit outside the garage to charge the batteries since they are equipped with solar cells.

The bylaw I was charged under reads as follows 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.

Preamble:

I consulted with my lawyer and other knowledgeable persons including a school teacher and a few grade four students in the community and all agree that there are two parts to the offense under section 5.1 of the bylaw 2002-09. First the vehicle must be unlicensed and the second condition is that “for the purpose of repairing, wrecking or dismantling it or salvaging part”.

It is also noteworthy that most of my neighbours have or have had unlicensed vehicles in their yards and yet mine is the only one to receive a complaint of an unlicensed vehicle. Surely the bylaw officer Gordon Roesch should have questioned the motivation of the person complaining. Has the complaint to do with fire, safety or health? There are over 30 unlicensed vehicles vehicles in the vicinity.

Reading the bylaw 2002-9 The bylaw officer is required to issue a Notice of violation and repair. I did not received it.

Continuing reading with the bylaw :

20 ADMINISTRATION AND ENFORCEMENT:
20.1When 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.

Listed below are my supporting documents:

July 26, 2010- letter to Gordon Roesch about the vehicles after he mentioned that I had unlicensed vehicles on the property.

July 26, 2010- letter from Gordon Roesch saying he had a complaint about an unlicensed vehicle on my property. I received this letter a few days later but he asked for a reply by July 30 which is very short notice.

July 31, 2010. I replied saying the law reads that the vehicles are “for the purpose of repairing, wrecking or dismantling it or salvaging parts thereof for sale or other disposal, etc”. I felt this was the end of the problem

October 18, 2010. Suddenly without any notice of violation I was issued two tickets by Gordon Roesch under bylaw section 5.1

October 20 2010. I wrote to Gordon Roesch telling him I elected to take this matter to court. I quoted the law and reminded him he did not give me a notice of violation. I received no reply to this letter.

December 2, 2010. I did not receive any replies from Gordon Roesch so I approached council with a presentation. Only one member of council Tom Southwick was able to say that he was unable to see how Gordon Roesch found me guilty of bylaw 5.1

Previous to 2010

July 29 2009. I was issued a notice of violation and repair by Paul Groeneveld concerning my vehicles, quoting bylaw 5.1 There was no complaint from anyone on this issue. Paul Groeneveld the bylaw officer initiated the compliant

November 23, 2009. I was written a letter by the bylaw officer stating my property was in compliance.