View - The Municipality of Lambton Shores

– 2 – January 11, 2013
a) a maximum fence height of 3.66 metres in the interior side and rear
yards, whereas the maximum height permitted is 2 meters; and
b) a maximum fence height of 2.74 metres in the front yard whereas the
maximum height permitted is 0.91 metres were refused .
The reasons were stated and the information regarding appealing the
decision to the Ontario Municipal Board was given with the last date for
an appeal being March 14th, 2012. There was no appeal made to the
O.M.B.
An inquiry elicited the following information: “Carol McKenzie
confirmed that a letter has been sent to the Misselbrook’s requiring
them to bring the fences and gates at 11 and 13 Woodward St. into
compliance with the Committee of Adjustment ruling this past winter.
They have been given a timeline to comply that is usually prescribed
by the courts before action is taken (around two weeks) and have been
notified that if the fences and gates are not in compliance by the
demand date then by-law enforcement will charge them.”
The letter was sent out about July 9 th.
It has come to our attention that the owners of 11 and 13 Woodward St.,
still have not complied with the order. LSCA is deeply concerned that
by-law enforcement is not happening. This is another example of the
apparent incompetence or unwillingness of current by-law enforcement to
do its job.
If Council fails to ensure that by-laws are NOT being enforced it is our
determination that the Municipality may have liability issues.
Certainly, if any resulting fines are not a large enough deterrent
Council needs to rethink its approach to all by-law enforcement issues.
Council may also find itself with more by-law battles if enforcement
does not follow through.
If actions set in motion by the Short Tern Rental Committee and Council
have no follow through, there can be no confidence that Council or Bylaws
have any teeth.
The LSCA is asking Council to enforce its by-laws as requested by the
Plan 24 Committee and the Lambton Shores Community Association.
I trust we will hear back from the Municipality on this matter as soon
as possible.
Sincerely,
Sharon Weitzel per
Lambton Shores Community Association
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