City granted interim injunction against Flamborough property owner
Hamilton, ON - On Wednesday, January 25, 2023, the Superior Court of Justice granted the City of Hamilton an interim injunction effective immediately against the property owner of 1802 Regional Road 97 in Flamborough.
The injunction will remain in place indefinitely pending the property owner and City return to the court for a full hearing and the court varying the order. The order of the court prevents the property owner from taking any steps to bring in fill or alter the property in contravention of the Site Alteration By-law (19-286 Section 25). The order also provides for mechanisms to the City to enforce the interim injunction and prevent any future contraventions of the by-law by this property owner.
- The City filed the injunction against the property owner on Tuesday, January 10, 2023, seeking to restrict the property owner from accepting fill that contravenes the City’s Site Alteration By-Law.
- 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 issued to various trucking companies for transporting fill to 1802 Regional Road 97 since November 2022. The charges issued are under the Site Alteration By-law.
"I am extremely pleased that the City of Hamilton was granted an interim injunction against this property owner. I hope this sends a strong message to potential future offenders that illegal dumping will not be tolerated, and our by-laws are to be followed. Thanks to our staff for ensuring this property does not continue to receive fill from outside Hamilton.”Mayor Andrea Horwath