Sunday, October 2, 2016

Discriminatory and Selective Bylaw Enforcement




The bylaw that the District of Mission is citing against me is in the Mission Bylaws, Off Street Parking, Section 109 5(b)iii.  Here is the link to the Mission bylaws:   http://www.mission.ca/wp-content/uploads/5050-2009-Zoning-Bylaw-COMPLETE.pdf  


Here is the exact wording of that bylaw:


5. In the Suburban designation area: a. Off Street Parking shall use no more than 15% of the Lot Area or 535 sq m (5,759 sq ft), whichever is less. b. Off Street Parking, or storage, of the following shall be completely enclosed within a Building: i. Vehicles exceeding 4,536 kg (10,000 lbs) gross vehicle weight (GVW). ii. Equipment exceeding 225 kg (496 lbs) in weight that is used or designed for use for construction or maintenance purposes. iii. Recreation vehicles, boat trailers or boats exceeding 7.5 m (24.6 ft) in length. iv. More than one unlicensed Vehicle. v. Dismantled or wrecked Vehicles.

So as I mentioned in my post of yesterday, we got the nasty letter.  The boat goes on or before October 15th or we get fined $200 per day, and/or taken to Provincial Court, and/or they 'tow' our boat.

I haven't the resources to fight this, nor do I want to involve or affect other family members who are on title to the property.  So the boat will go and we'll finish her off in the water.

Once that is done however, and we are enjoying Autarkia with our freed up time, I will be considering this case.  Here's the interesting part:  My neighbours and friends either side have RVs that are not in compliance with that law.  I am sandwiched between them; there are three of us who are in violation.  Yet, I am the one who is being singled out because I am the only one who generated a complaint.

The complainant obviously likes RVs and does not like large boats.  Which is fine, except he is able to exercise that quite questionable discrimination in taste by virtue of the municipal complaint process.  Our municipality allows him to discriminate in this manner, and assists him in his discrimination by citing me, and not my neighbours.

Now in Canada, we have a Charter of Rights and Freedoms, that in Section 15, guarantees that all are treated equally by the law.  However, with bylaw enforcement this guarantee and right of a Canadian citizen appears to be neglected and held in contempt.  I believe that I have been wronged here, and I intend to make a legal challenge.

Class action.

Because this has affected many, many others.  So it should be easier, given these circumstances to find a law firm who wants to take this on without cost to me,  and sue EVERY municipality in Canada that has enforced bylaws by virtue of complaints, and not otherwise.

I can hear the coffers spilling already.  It's a glorious sound.  And some lucky individual who has practiced municipal buffoonery may have the case named after him.

4 comments:

  1. Down here in Mexico approximately 3% of homicides ever get solved. Disappearing troublemakers is a fine art down here. Neighborhood child molester? Not for long. Rural communities lynch people down here a LOT since the cops are just basically another gang to contend with. My own landlord is known as a borderline mafioso character in our little town and he told me locals didn't steal from him "because I have a backhoe and they know I will kill them and bury them". Despite such draconian happenings culturally everyone gets along amazingly well. A buttmunch like that cowardly cretinoid who keeps hammering away at you administratively would be straightened out quickly down here. When our same landlords ex-wife tried to sue him for more property, way post divorce, at the urging of a errant son, another son said he'd come down from Tijuana and "disappear" the mother. Case was dropped. Not all mexico is like this and this particular family is pretty divisive but sometimes and little frontier justice works so much better than dumbass, entrenched bureaucracy. Yet another reason to consider a downwind and down current run with your trilo if things go way south up there. Or put it on a (Hanjin?) cargo ships deck and set up in Chiles southern archipelago which is very much like your waters and much less prone to being irradiated by neo-con submorons. Running on here.... but not as far fetched as it sounds............

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    1. Robert, if I did not have other family to consider I would resist being pushed around with less restraint than I am presently exercising. But, I have a survey, insurance, a spot in the harbour, and the boat mover lined up. Soon she'll be in the water and we can finish her out in peace, and in an environment outside of the District of Mission's jurisdiction.

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  2. Al,

    I suspect that, by the time you get around to having opportunity for a class action lawsuit, one of two things will be true:

    1. You'll be far more immersed in your new aquatic lifestyle to care.

    OR

    2. The AARP Effect will kick in. Old people with some skills and time to kill can be hell on wheels. Many a company / agency has regretted the day it messed with them.

    So happy about your progress. Get us some pictures of it floating!

    Yoda

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    Replies
    1. Thanks Yoda. I just want to get the boat launched and be done them.

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