Hamilton goes to court docket to attempt to cease the dumping of hundreds of a great deal of improvement dust on a controversial, fire-razed Flamborough farm.
The town filed a discover of utility Monday for a Superior Court docket injunction to cease dumping of soil or different fill materials on the farm at 1802 Regional Highway 97. It’s hoping a decide will hear the appliance by Jan. 25.
The town has been investigating resident complaints about ongoing dumping of excavated improvement fill for months, however solely charged landowner Justin Holmes with allegedly breaching Hamilton’s “web site alteration” bylaw in December.
“It’s clear that the (landowner) has no intention of complying with the location alteration bylaw, regardless of being repeatedly notified of infractions,” reads the appliance that “urgently” requests an injunction listening to.
Bylaw officers can ticket bylaw-breaking landowners and truckers — and no less than 300 tickets have been slapped on truck drivers or related firm homeowners discovered bringing in a great deal of out-of-town fill to the farm.
However the metropolis can’t legally block entry to a personal property with out assist from the courts, bylaw head Monica Ciriello beforehand instructed The Spectator.
The Spectator has reached out to Holmes for remark.
However in late December, Holmes reiterated his view the bylaw banning out-of-town fill is unfair and that provincial inspections have discovered his incoming soil to be “clear” and acceptable for agricultural reuse.
He steered in December he would gradual the move of incoming vans — at one level dozens per day — in an effort to allay the issues of neighbours about visitors security, noise and dirt.
The farm earned undesirable notoriety final summer time after an enormous blaze fuelled by stacked pallets of hand sanitizer destroyed two barns and burned for 2 days.
Extra to come back.