Two tickets for the same offence: Winnipeg man beats bylaw fine but given another ticket for identical violation
WINNIPEG -- They say you can't fight city hall, but one Winnipeg contractor is giving it a try.
Patrick Allard was fined 200 dollars for breaking the neighborhood livability bylaw.
The offence was for what the city calls, "A window not properly glazed." However, Allard says it isn't actually a window, at least not anymore.
"We decided to remove the window in the shower area," said Patrick Allard. "And the outside is all sheeted and ready for stucco in the spring," he said
So Allard decided to fight the ticket. He brought it to a screening officer at the parking authority for review. He was deemed guilty of the offence, but the fine was reduced to zero. A victory of sorts, but not good enough for Allard.
He appealed the fine to the Provincial Adjudicator at the cost of 25 dollars.
"The first question that the Adjudicator asked me was, Mr. Allard, why are you appealing a zero dollar ticket? I've never seen this before," he said.
Allard says he simply didn't believe he was guilty of violating the bylaw and the Adjudicator agreed, ruling no offence had occurred.
But it seems the city doesn't agree. "Two days ago, I got a ticket in the mail for the exact same thing," said Allard.
Citing privacy concerns, the City of Winnipeg says it isn't able to comment on the specifics of an offence. The city did, however, give this written statement:
"When a property is in contravention of the Neighbourhood Livability By-law, officers can issue an Order for remediation of the property standards issue. The order is supported both by the Neighbourhood Livability By-law and the City of Winnipeg Charter Act. Per the By-law, an Order is issued as the means to gain compliance and remediation. If the property remains non-compliant past the timeframe outlined in the Order and/or as agreed upon by By-law Enforcement and the Property Owner, a fine for non-compliance is issued. The fine, which is simply a penalty for non-compliance, then falls within the realm of MBEA, who, including a provincial adjudicator, have authority over the fine itself. They cannot render a decision about a property being or not being in contravention of the Neighbourhood Livability By-law. This accountability rests with the City of Winnipeg. An Order is considered in compliance of the Neighbourhood Livability By-law when full remediation occurs."
Allard says he wants the city to drop this latest ticket. If not, he says he will likely have no choice but to head back through the appeal process all over again.
Allard planned to put stucco over the former window as soon as the weather warms up. However, Allard says he returned to the home Friday and discovered a new compliance order. This one orders him to repair the wall by Feb. 16.