City files injunction against Flamborough property owner

Hamilton, ON – The City of Hamilton is seeking an injunction against the property owner of 1802 Regional Road 97 in Flamborough. The injunction seeks to restrict the property owner from accepting fill that contravenes the City’s Site Alteration By-Law (19-286 Section 25) - No person shall transport fill or topsoil to a site from any other source site that is located outside the City of Hamilton.

Subject to the discretion of the Court, staff anticipate this matter to be argued before the Court via video conference on Wednesday, January 25, 2023.

The injunction was filed following multiple attempts by the City to prevent the property owner accepting fill from outside the City of Hamilton and to obtain proper permits for accepting fill. City staff have conducted investigations and enforcement actions which have resulted in over 300 Administrative Penalty System (APS) charges bring issued to various trucking companies for transporting fill to 1802 Regional Road 97 since November 2022. The charges issued are under the Site Alteration Bylaw (19-286).

Seven APS charges have also been issued to the property owner with respect to causing Site Alterations without a permit, in addition to the Part 3 Summons issued to the property owner on December 21, 2022. The Part 3 Summons – which is a single charge – requires the property owner go before the court for “Causing Site Alterations without a permit”. Part 3 fines can go up to $25,000 and are at the discretion of the court under the Provincial Offences Act.