A woman who was ordered by the city to fix shingles on a home she owns in Vanier or face a $50,000 fine says the handling of the matter was harsh and unfair.
Heather Borquez’s house lost gravel during the deluge that swept through Ottawa in May.
“I couldn’t understand why I was the only person on the street getting a letter like that when there are a lot of houses in the neighborhood that are in much, much, much worse shape than mine,” she said.
Chief of Bylaws Roger Chapman declined an interview but said in an email attributed to him that the threat of severe punishment was necessary because “the homeowner was unwilling to work with [bylaw] officer.”
“Not true. I wasn’t even here when [bylaw officer] came,” said Borquez, who rents the wartime bungalow north of Montreal Road to a family of newly arrived immigrants from Afghanistan.
The minor roof damage, once repaired, was only visible from the property of a neighbour, who locals say has a long history of filing nuisance complaints with Ottawa bylaws.
WATCH | The Vanier Shingle Spit:
Ottawa resident shocked by threat of $50,000 fine for one missing tile
Heather Borquez says a complaint from a neighbor led to her being fined $50,000 by Ottawa bylaw for a single shingle that flew off her roof during a derecho in May.
“Neighborhood Spy”
Borques compared the situation to that of a couple in the Ottawa suburb of Barrhaven who were recently ordered to narrow their driveway after a neighbor complained to bylaw services.
Calling it a case of “neighbourhood rule”, she said the situation made her feel like she was living in communist Russia.
“Where you have a neighborhood spy and the spy calls and reports on you,” she said.
The house on Dagmar Street is rented by a family of newcomers to Canada. (Stew Mills/CBC)
Borquez and other residents of the street CBC spoke to said a longtime resident there has an equally long history of filing petty complaints under the bylaws.
Trash cans that weren’t picked up quickly enough, wildflowers left to grow on the city’s edge and mowing too close to his fence drew his ire, residents Jeff Watson and Tina Tolgiesi said.
However, when asked by CBC News if he had filed a complaint about the missing tiles, the man denied.
Borquez struggled to find a roofer willing to tackle small repairs in the days following the May 21 storm that tore roofs off homes across Ottawa.
In the end, she met the city’s deadline, with the repair bill coming in at just $300.
A photo taken by the code enforcement officer and included in her violation notice shows wind damage to Borquez’s roof. (City of Ottawa)
Unfriendly Ottawa?
But her experience gives her the sense that enforcing a law by appeal creates a hostile Ottawa.
Stéphane Émard-Chabot agreed.
“I don’t think it’s what we envisioned,” said the lawyer, who teaches municipal law at the University of Ottawa.
If the bylaw reflects the values and priorities that exist in the community, then it deserves to be enforced everywhere. – Stéphane Émard-Chabot
Émard-Chabot was an Ottawa city councilor from 1994-2000 and said during that time the city took steps to cut costs by reducing the number of police officers on patrol and moving from proactive enforcement to a complaint-driven system.
“Often without a full political discussion about ‘Is this a good idea?’ and ‘What are the long-term implications of the policy?’
The law professor suggested that instead of enforcement by appeal when resources are stretched thin, a “healthier,” fairer system would be for the department to pick one or two enforcement priorities, addressing them at the community level.
“If the bylaw reflects the values and priorities that exist in the community, then it deserves to be enforced across the board,” he said.
Add Comment