Pointe-Claire is taking a pair of homeowners to court for having two garden sheds in their backyard.
The case, which involves the owners of 49 Prince Edward Ave., is headed to Quebec Superior Court next Tuesday.
Pointe-Claire officials said the city is taking legal recourse, under Section 227 of the Act respecting land use planning and development, to seek an order for the cessation of use of land or structures incompatible with its bylaws.
“This legal proceeding is necessary in order to enforce provisions of our zoning and nuisances bylaws; there has been statements of offence issued in the past, but it has not permitted any satisfactory resolution of problems that have been ongoing for more than two years, forcing the city to seek a court order before the Superior Court,” stated city clerk Jean-Denis Jacob. “As the case has been referred for legal action, we will no further comment on specific issues, bylaws and/or previously issued statements of offences.”
In August, the city had mandated the law firm of Dunton Rainville to take legal action to enforce its municipal regulations and filed an application to institute proceedings last month.
According to court documents, city inspectors noted the presence of two garden sheds in the back of the property. The city had granted a permit for a shed with a mansard roof in 1988. A second garden shed was erected without a permit, the city claims. The city zoning bylaws only permit one garden shed per home.
The city claims that the owners ignored repeated requests to remove the second shed.
Furthermore, a city inspector came by the home in July and determined that parts of the wood fence, including some lattices, were not treated or painted and that pieces of plywood or chipboard were attached, which the city states is not permitted. As well, some awnings were attached to the fence and a shed, which were also cited as non-conforming to zoning bylaw PC-2775.
In 2010, the city had given the homeowners permission to erect two sections of a treated 8-foot-high, 16-footwide wooden fence along the back property line.
The city’s zoning laws require wood fences to be treated or painted to prevent blackening.
More so, the city claims that the homeowner added a beam measuring about 12 feet and some netting to a shed and also added gutters to the fence.
The city also claims that some lattices were poorly fixed to the fence and are causing noise.
As part of its case, the city submitted eights photos taken by a concerned neighbour.
The city is asking the court to demand the homeowner remove all nonconforming structures in the backyard, including the second shed.
In case the homeowners don’t comply with a court order within 15 days after it is issued, the city is seeking authority to remove or demolish all the contravening structures and then bill the owner for the cost of said work as well as any court costs.
The residents of the Prince Edward home involved did not return phone messages left by The Gazette.